News & Analysis as of

EUMR Competition

Skadden, Arps, Slate, Meagher & Flom LLP

European Commission Blocked From Reviewing Below-Threshold Mergers

On September 3, 2024, the European Union’s Court of Justice (ECJ) issued its highly anticipated judgment in the Illumina/Grail case (C-611/22 P and C-625/22 P) concerning the European Commission’s (EC’s) power to review...more

Mayer Brown

Below the thresholds but on the radar | What’s next after the ECJ's Illumina/Grail judgment?

Mayer Brown on

With its eagerly-awaited Illumina/Grail judgment on 3 September 2024, the Court of Justice of the European Union (“ECJ”) closed a transatlantic saga and rejected the European Commission's ("Commission") extended...more

McDermott Will & Emery

Antitrust M&A Snapshot | Q2 2024

McDermott Will & Emery on

UNITED STATES - - Agencies Revisiting Consummated Mergers - What’s old is new again, as agencies are increasingly scrutinizing consummated mergers from years past. In May 2024, the US Department of Justice (DOJ), Antitrust...more

A&O Shearman

New twist in the Illumina/GRAIL saga: Advocate General challenges European Commission’s power to review below-threshold mergers

A&O Shearman on

In a much-anticipated opinion, Advocate General Nicholas Emiliou (AG) has advised the European Court of Justice (ECJ) to set aside the General Court (GC)’s Illumina/GRAIL judgment. The AG is of the view that the European...more

A&O Shearman

Antitrust in focus - October 2023

A&O Shearman on

The Foreign Subsidies Regulation (FSR) establishes a new regime, enforced by the European Commission (EC), to regulate subsidies granted by non-EU countries to businesses active in the EU that could distort competition in EU...more

Morgan Lewis

New EU Package of Measures Aims to Simplify Merger Review Process

Morgan Lewis on

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

White & Case LLP

EU Court of Justice in CK Telecoms sides with the European Commission's approach to mergers in oligopolistic markets

White & Case LLP on

The EU Court of Justice in the CK Telecoms1 ruling has addressed key questions of EU merger control, including the standard of proof for the European Commission to challenge a merger, the assessment of mergers below the...more

A&O Shearman

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

A&O Shearman on

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

White & Case LLP

ECJ Advocate General supports the European Commission’s broad interpretation of gun-jumping and the importance of deterrence in...

White & Case LLP on

Advocate General Anthony Michael Collins has proposed that the European Court of Justice uphold the General Court's Altice judgment. In his Opinion, he considered that the entering into certain types of pre-closing covenants...more

White & Case LLP

European Court of Justice confirms that national authorities can review ex-post below-threshold mergers under abuse of dominance...

White & Case LLP on

The long-awaited European Court of Justice's judgment in Towercast confirmed that national competition authorities (and national courts) can apply abuse of dominance rules to mergers that did not trigger EU and national...more

White & Case LLP

European Commission publishes practical information for merging parties on how to seek guidance about Article 22 referral

White & Case LLP on

The European Commission has published a Frequently Asked Questions and Answers ("Q&A") document which aims to provide practical information with respect to the application of its recently revised Article 22 referral policy....more

K&L Gates LLP

Brussels Regulatory Brief: September 2022

K&L Gates LLP on

ANTITRUST AND COMPETITION - Significant Changes to the Italian Antitrust Regime - On 5 August 2022, the Italian Parliament adopted law no. 118, which entered into force on 27 August 2022 (2021 Italian Competition Law). The...more

Morrison & Foerster LLP

One Stop Shop Called Into Question – EU General Court Confirms the European Commission’s Stance On Referrals of Non-Notifiable...

The EU General Court (“General Court”) has confirmed that the European Commission (“Commission”) can examine deals that do not trigger merger control thresholds in the EU or any EEA Member State[1] following a referral...more

Dechert LLP

Merging Parties Beware: Deals That Do Not Meet Merger Control Thresholds in the EEA Can Still Be Reviewed by European Commission

Dechert LLP on

In a recent high-profile judgment, the EU’s General Court confirmed that the European Commission (“EC”) can, upon referral by a national competition authority in the European Economic Area (“EEA”), review deals that do not...more

Orrick - Antitrust Watch

Illumina vs European Commission: the EU General Court endorses the Commission’s new approach to Article 22 EUMR allowing the...

In a judgment dated 13 July 2022 (T-227/21), the General Court of the European Union (the “General Court” or the “Court”) upheld the decision of the European Commission (the “Commission”) whereby the latter accepted to assert...more

Hogan Lovells

Gun-jumping: The EU General Court calls the shots

Hogan Lovells on

The EU General Court has issued the latest judgment in a suite of hard-line anti-gun-jumping cases – effectively confirming the European Commission’s 2018 decision imposing a record fine on Altice for breaching EU merger...more

Skadden, Arps, Slate, Meagher & Flom LLP

European Court Confirms Commission’s Highest Fine to Date for Gun-Jumping

On September 22, 2021, the European General Court issued its judgment upholding the decision by the European Commission (Commission) to fine Altice for gun-jumping in the acquisition of Portugal Telecom (PT) in 2015. The...more

McGuireWoods LLP

European Competition Law Newsletter – October 2021

McGuireWoods LLP on

Insurers Settle Irish Signalling Investigation by Agreeing to Compliance Programmes - On 20 August 2021, the Irish competition regulator Competition and Consumer Protection Commission (CCPC) announced that six insurers...more

White & Case LLP

Latest developments on the Article 22 EUMR referral mechanism: the only thing that's certain is the uncertainty

White & Case LLP on

The European Commission ("EC") is shifting its approach with respect to the referral mechanism under Article 22 of the EU Merger Regulation 139/2004 (the "EUMR") and now – at least in certain circumstances – encourages...more

Skadden, Arps, Slate, Meagher & Flom LLP

New EU Guidance Creates Legal Uncertainty for Merger Control and a De Facto ‘Killer Acquisition’ Review Power

The new Article 22 EU Merger Regulation (EUMR) Guidance released by the European Commission (EC) enables the EC to review any acquisition, even those that do not qualify for notification under national (or EU) merger control...more

Hogan Lovells

New roads to Brussels - Commission revamps approach to Member State referrals

Hogan Lovells on

On 26 March 2021, the European Commission (“Commission”) has, without any public consultation, published its new guidance on accepting merger referrals from Member States under Article 22 of the European Merger Regulation...more

White & Case LLP

Veolia/Suez: the European Commission finds no gun-jumping and clarifies the scope of the public bid exemption to the standstill...

White & Case LLP on

In the midst of the Homeric battle between Veolia and its takeover target, Suez, the European Commission rejects Suez's gun-jumping claim and provides further clarifications on the scope of the exemption to the standstill...more

A&O Shearman

Antitrust and Brexit – where do we stand? (UPDATED)

A&O Shearman on

The end of the Brexit transition period at 11pm on 31 December 2020 gives rise to significant changes to the application of antitrust and merger control rules in the UK. ...more

Morgan Lewis

EU General Court Annuls Commission Decision to Block UK Telecoms Merger

Morgan Lewis on

The European Commission’s ability to block mergers in oligopolistic markets is likely to be more restricted as it faces greater evidential hurdles in meeting the higher standard of proof imposed by the EU General Court, which...more

Hogan Lovells

Brexit and the transition period – implications for the EUMR's one-stop-shop

Hogan Lovells on

The UK's departure from the EU on 31 January has initiated an 11 month transition period, during which the application of EU competition law in the UK will remain largely unchanged.  Thus the EU rules governing mergers will...more

29 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide