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Wilson Sonsini Goodrich & Rosati

Illumina/Grail: EU Court Overturns Below-Threshold Merger Review Policy

On September 3, 2024, the EU’s highest court, the European Court of Justice (ECJ), ruled that the European Commission (EC) had no jurisdiction to review Illumina’s acquisition of Grail, overturning the EU’s revised Article 22...more

Morgan Lewis

EU Launches First In-Depth M&A Investigation Under Foreign Subsidies Regulation

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The European Commission is inquiring into a United Arab Emirates-based company just months after its first investigations under the Foreign Subsidies Regulation of various Chinese companies participating in EU tenders....more

White & Case LLP

Labour related agreements in the European Commission’s antitrust spotlight: New Policy Brief on Antitrust in Labour Markets

White & Case LLP on

Until now, the European Commission's (EC) antitrust focus on labour-related issues has been timid. This may soon change. The EC has recently published a policy brief on labour markets, explaining that in its view, wage-fixing...more

Jones Day

The UK Competition and Markets Authority Takes Action Against Allegedly Misleading Environmental Claims

Jones Day on

The Situation: The UK Competition and Markets Authority ("CMA") recently secured undertakings from fashion brands ASOS, Boohoo, and George at Asda to address allegedly misleading environmental claims. The CMA has also...more

Wilson Sonsini Goodrich & Rosati

Illumina/Grail: Court Opinion Could See an End to the EU Commission’s Expansive Merger Review Policy

On March 21, 2024, an adviser to the EU’s highest court, the Court of Justice of the European Union (CJEU), proposed setting aside the judgment of the lower court in Illumina v Commission. The General Court (GC) had...more

Davies Ward Phillips & Vineberg LLP

New Excessive and Unfair Pricing Provisions in Force in Canada’s Competition Act: Risk and Compliance Considerations

Canada’s Competition Act was amended effective December 15, 2023 to both (i) establish a new, more expansive framework for challenging anti-competitive conduct by dominant firms and (ii) specifically provide that it is an...more

Morgan Lewis

Global Cartel Enforcement Report 2023

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In 2023, cartel fines in key jurisdictions increased by 7.7%—totaling $1.4 billion—compared to 2022. While the totals remain significantly below the peaks seen in the mid-2010s, 2023 saw record fines imposed in several...more

Mayer Brown

Interoperability a Key Concern for Competition Authorities Around the Globe

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The US Federal Trade Commission wound down 2023 by emphasizing its focus on the potential competition and consumer protection effects of companies’ efforts to limit the interoperability of their products and services. In late...more

Skadden, Arps, Slate, Meagher & Flom LLP

EU and UK Merger Regulators Look Beyond Horizontal and Vertical, With Digital ‘Ecosystems’ a New Focus

Key Points - - EU competition regulators are increasingly considering “ecosystems” of products and services in their analysis of the competitive impact of mergers — a framework that often does not fit with the historical...more

A&O Shearman

ECJ’s “gun jumping” ruling reminds merging parties of the importance of EU merger control compliance

A&O Shearman on

The European Court of Justice (ECJ) has (mostly) confirmed the European Commission (EC)’s decision to fine Altice for implementing a transaction prior to its notification and the EC’s merger control clearance....more

Skadden, Arps, Slate, Meagher & Flom LLP

Key Insights for Dealmakers Confronting Washington’s Aggressive Approach to Merger Reviews

As part of the Biden administration’s avowedly aggressive approach to antitrust enforcement, it has challenged a number of high-profile mergers in court over the past two and a half years. While the track record of the...more

A&O Shearman

European Commission sanctions first ever pharmaceuticals cartel and scores victory in pay-for-delay appeal

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The European Commission (EC) has fined five pharmaceutical companies a total of EUR13.4 million for participating in a cartel concerning N-Butylbromide Scopolamine/Hyoscine (SNBB) – an active pharmaceutical ingredient (API)...more

Morgan Lewis

New EU Package of Measures Aims to Simplify Merger Review Process

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The European Commission (EC) recently adopted a package of measures with the aim of further simplifying its procedures for reviewing concentrations under the EU Merger Regulation (EUMR). The new rules entered into force on...more

Jones Day

ECJ Antitrust Ruling Not Likely to Jump-Start EC Deal Challenges in "Gap Cases"

Jones Day on

In Short - The Development: The Court of Justice of the European Union ("ECJ") annulled a General Court ("GC") ruling that had adopted a high standard of proof for the European Commission ("EC") to block transactions in...more

Sheppard Mullin Richter & Hampton LLP

The EU Foreign Subsidies Regulation: New Rules for All Companies Active in the EU

On 12 July 2023, the new EU Foreign Subsidies Regulation (“FSR”) started applying to all non-EU and EU companies and all sectors of the economy. FSR filled a regulatory gap which existed since 1958. The European Commission...more

A&O Shearman

European Commission’s record gun-jumping fine on Illumina serves as warning to merging parties

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The European Commission (EC) has imposed a fine of around EUR432 million on genomics company Illumina for closing its acquisition of blood-based cancer test developer GRAIL before the conclusion of the EC’s merger control...more

Wilson Sonsini Goodrich & Rosati

New EU Foreign Subsidies Regime Goes Live, with Slightly Simplified Requirements

As of July 12, 2023, the EU’s new Foreign Subsidies Regulation (FSR) began to apply. Deals signed from this date will now fall under the European Commission’s (EC’s) new powers to review subsidies from non-EU states to...more

McDermott Will & Emery

EU Top Court Sheds Light on Untested Crossroads Between Competition and Privacy Law

McDermott Will & Emery on

On July 4, 2023, the Court of Justice of the European Union (CJEU) issued a ruling in the case involving Meta Platforms Inc., Meta Platforms Ireland, and Facebook Deutschland (Meta). The judgement explores the intersection of...more

Wilson Sonsini Goodrich & Rosati

EU’s Top Court Rules That Competition Authorities Can Consider Data Protection Breaches in Their Investigations

In a landmark judgment issued on July 4, 2023, the European top court, the Court of Justice (ECJ), ruled that competition authorities in the EU can consider a company’s compliance with the EU’s data protection rules when...more

Wilson Sonsini Goodrich & Rosati

Sustainability Initiatives Get a Green Light in European Commission’s Revision of Rules on Collaboration Among Competitors

The EU’s rulebook on cooperation among competitors, which has been in place for over a decade, has recently undergone a revision with the European Commission (EC) adopting a new framework on June 1, 2023, that includes...more

Orrick, Herrington & Sutcliffe LLP

Horizontal Cooperation Agreements – New EU Regulations and Guidelines

On 1 June 2023, the European Commission has announced the adoption of updated Horizontal Block Exemption Regulations on Research and Development (R&D) and Specialization agreements (HBERs) and revised Horizontal Guidelines....more

Dechert LLP

New EU Guidelines: Agreements Among Competitors

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The European Commission has published new guidance and related regulations concerning cooperation among competitors, under Article 101 of the Treaty on the Functioning of the European Union (TFEU). These replace instruments...more

K&L Gates LLP

No-Poach Agreements Receive Their Marching Orders in the US and Europe: Do's and Don'ts for HR Departments

K&L Gates LLP on

Labor Market Meets Competition Law - In a labor market where companies are competing to attract and retain talent, the rising shortage of highly-skilled employees, high mobility, and high salary demands in certain market...more

Jones Day

EU Court of Justice Revives Long-Dormant "Abuse of Dominance" Challenge to Non-Reportable M&A Deals

Jones Day on

In Short - The Development: The Court of Justice of the European Union ("ECJ") held that national competition authorities ("NCA") may investigate and block an M&A transaction that violates Article 102 of the Treaty on the...more

A&O Shearman

Global antitrust enforcement report - March 2023

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2022 saw a mixed picture in terms of antitrust enforcement across the globe. For the jurisdictions surveyed in our report, global fine totals were down significantly from 2021 (USD3.5bn, compared to USD11.3bn), with the U.S.,...more

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