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Dechert LLP

Illumina/Grail: EU Court overturns approach to “killer acquisitions”

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In a much-anticipated ruling of 3 September 2024, the EU's highest court threw out the policy that the European Commission has been pursuing since 2021, by which it asserted jurisdiction to review so-called “killer...more

WilmerHale

A Practitioner’s Perspective on Direct Effect of EU Law and Antitrust Law

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EU competition rules are crucial to the strengthening of the Union’s internal market. And direct effect has long been a structuring legal principle of the Union’s legal order, helping to ensure its autonomous nature. Thus,...more

Latham & Watkins LLP

European Court of Justice Curtails European Commission’s Expansion of Its Merger Control Powers

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The judgment rejects the European Commission’s expansive re-interpretation of the European Union Merger Regulation, stressing the need for legal certainty in line with the EU legislature’s intent....more

Goodwin

In a Landmark Judgment, Top European Court Curbs European Commission’s Ability to Review “Killer Acquisitions”

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On 3 September 2024, the European Court of Justice (ECJ) ruled that the European Commission (Commission) cannot encourage or accept referrals for below-threshold deals from national competition authorities if those...more

WilmerHale

Two Negatives Don’t Make a Positive: European Court Rules that European Commission Cannot Review Mergers That Are Not Reportable...

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In a landmark decision, the European Court of Justice (ECJ) has limited the European Commission’s (EC) ability to review mergers that fall outside thresholds at the EC level and in the Member States seeking to refer the...more

Wilson Sonsini Goodrich & Rosati

European Antitrust Bimonthly Bulletin – July/August 2024

The "European Antitrust Bimonthly Bulletin” breaks down the major antitrust developments in Europe during the past two months into concise and actionable takeaways. ...more

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

Wilson Sonsini Goodrich & Rosati

U.S., EU, and UK Competition Authorities Release a Joint Statement Highlighting Competition Risks in Generative AI and Other AI...

Competition authorities in the United States, the European Union, and the United Kingdom released a joint statement on competition in generative AI and other AI products, continuing the drumbeat that policymakers need to...more

Eversheds Sutherland (US) LLP

EU, US and UK Competition Authorities issue joint statement on AI

On 23 July 2024, the European Commission, the UK’s Competition and Markets Authority, and the U.S. Department of Justice and Federal Trade Commission issued a joint statement setting out their commitment to work together to...more

White & Case LLP

The French Competition Authority officialises its “open door” policy to help companies with sustainability projects

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The French Competition Authority (“FCA”) is committed to an “open door” policy to support companies wishing to pursue projects around sustainable development. Continuing its informal policy since 2020, the FCA has published a...more

Wilson Sonsini Goodrich & Rosati

European Antitrust Bimonthly Bulletin – March/April 2024

The “European Antitrust Bimonthly Bulletin” breaks down the major antitrust developments in Europe during the past two months into concise and actionable takeaways, divided into thematic sections focusing on i) mergers, ii)...more

Skadden, Arps, Slate, Meagher & Flom LLP

EU and UK Consider First Stand-Alone Disparagement Cases

The development of case law on disparagement has, to date, been driven mainly by the French competition authority, or has been addressed under consumer protection or other national laws. The European Commission’s (EC’s) and...more

Dechert LLP

DAMITT 2023 Year in Review: Merger Control Trends in Germany and France

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Since 2020, our antitrust/competition practice has expanded the Dechert Antitrust Merger Investigation Timing Tracker (DAMITT) to include Germany and France. This supplements DAMITT’s U.S. and EU coverage with comprehensive...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

Skadden, Arps, Slate, Meagher & Flom LLP

Fierce Competition Podcast | Takeaways From the Illumina-Grail Merger Challenge Saga

In this episode of our “Fierce Competition” podcast, European antitrust/competition co-head Ingrid Vandenborre, partner Julia York and counsel Michael Sheerin dissect the Illumina-Grail merger challenge, which spanned three...more

Wilson Sonsini Goodrich & Rosati

European Antitrust Bimonthly Bulletin – January/February 2024

The “European Antitrust Bimonthly Bulletin” breaks down the major antitrust developments in Europe during the past two months into concise and actionable takeaways. ...more

Latham & Watkins LLP

Market Definition Under the New Notice - What Companies Need to Know

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The European Commission (EC) has revamped the 1997 Commission Notice on the definition of the relevant market for the purposes of Community competition law (the 1997 Notice), and published a new Notice (Notice) on 8 February...more

A&O Shearman

Review of below-threshold mergers creates uncertainty

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Antitrust authorities continue to use powers to review deals that fall below merger control filing thresholds. For merging parties this means uncertainty. It is crucial that the possibility of review – including a...more

Skadden, Arps, Slate, Meagher & Flom LLP

The European Commission’s Revised Market Definition Notice: A New Approach to Digital Markets

On February 8, 2024, the European Commission (EC) adopted a revised Market Definition Notice (revised Notice). The revised Notice confirms the EC’s and EU courts’ existing approach to understanding dynamic and innovative...more

White & Case LLP

The European Commission modernises its market definition guidance

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The EC has published the long-awaited revised Market Definition Notice (the "Notice"), marking the first update since its initial adoption in 1997. The Notice clarifies the methodology for defining product and geographic...more

Hogan Lovells

The European Commission report on competition enforcement in the pharmaceutical sector

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On 26 January 2024, the European Commission published a report on competition enforcement in the pharmaceutical sector, highlighting the role of EU competition law in safeguarding market participants and consumers,...more

WilmerHale

2023 EU Merger Control Highlights and Looking to 2024

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2023 saw some very significant decisions, investigations, court judgments and legislative developments in European Union merger control.eu ...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

McGuireWoods LLP

European Competition Law Newsletter – January 2024

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UK CMA Provides First Informal Guidance on Environmental Sustainability Agreement - On 14 December 2023, the UK Competition and Markets Authority (CMA) published its first informal guidance on the application of UK...more

McGuireWoods LLP

European Competition Law Newsletter – December 2023

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EU’s Highest Court Provides Guidance on Gun-Jumping and Pre-closing Covenants - On 9 November 2023, the EU’s highest court (Court of Justice or ECJ) handed down an important ruling in a case concerning gun-jumping issues...more

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