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A&O Shearman

Antitrust in focus - September 2024

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This newsletter is a summary of the antitrust developments we think are most interesting to your business. James Webber (partner based in London) and Jess Bowring (counsel based in London) are our editors this month. They...more

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

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”

Goodwin on

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

Alston & Bird

European Court of Justice Quashes the European Commission’s Policy to Declare Jurisdiction over Below-Threshold Mergers

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Our EU Antitrust Team discusses the European Court of Justice’s decision that restricts the European Commission’s jurisdiction to review below threshold mergers....more

Mayer Brown

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

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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

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

A&O Shearman

European Commission Report on Extension of Powers to Adopt Delegated Acts under MAR

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The European Commission has published a report, addressed to the European Parliament and the Council of the European Union, on the delegation of power to adopt delegated acts conferred on the Commission under the EU Market...more

White & Case LLP

Will the European Commission lose its ability to review below-threshold deals?

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In yet another twist in the Illumina/Grail saga, Advocate General Emiliou has challenged the European Commission's approach to calling-in certain non-reportable transactions for review. The final judgment will be delivered by...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

WilmerHale

EU Foreign Subsidies Regime: Publication of Final Implementing Regulation

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The EU’s Foreign Subsidies Regulation (FSR) was adopted in late 2022. Its stated aim is to combat the effects of competitive distortions caused by foreign subsidies in the EU internal market and thereby level the playing...more

White & Case LLP

Catching below-threshold mergers in the EU

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In July 2022, the EC received from the GC in Illumina/Grail an important endorsement of its recent change in the Article 22 referral policy....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

White & Case LLP

Foreign direct investment reviews 2021: European Union

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Member States are introducing or expanding investment screening regimes, and the European Commission is now playing an active role - While there is no standalone foreign direct investment (FDI) screening at the EU level, the...more

McDermott Will & Emery

New European Commission Guidance: Acquisitions of Nascent Competitors on the Radar

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The European Commission wants to be able to block or conditionally approve transactions, mainly in the digital economy and in the pharmaceutical sector, even when the thresholds for notification are not met. In publishing its...more

White & Case LLP

Catch-22: The European Commission Keeps Broadening Merger Control Intervention Powers and Gives a Glimpse of The Future

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A recent speech1 by the European Commission's (the Commission) Commissioner for Competition Margrethe Vestager (the Commissioner), on the 30th anniversary of the EU Merger Regulation (EUMR), praised it as having created "a...more

Dechert LLP

Increased regulatory scrutiny of foreign direct investments in the healthcare sector

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Key Takeaways - - Foreign Direct Investment (FDI) controls are proliferating around the globe. Since the pandemic, “health” has become a particular focus.  - Several countries have adapted their existing FDI rules, or...more

McDermott Will & Emery

Antitrust M&A Snapshot - May 2019

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UNITED STATES: JANUARY - MARCH 2019 UPDATE - In the first quarter of 2019, vertical merger enforcement continued to be a hot topic for the US antitrust agencies. The Court of Appeals upheld the district court’s decision in...more

Jones Day

Tronox Runs Into Procedural Quagmire with Challenges to Cristal Acquisition

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The FTC Challenge: The FTC pursued an administrative challenge against Tronox's proposed acquisition of Cristal without also seeking a preliminary injunction. Following an HSR investigation, the FTC normally seeks a...more

Proskauer Rose LLP

UK Tax Round Up - November 2017

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UK Tax News and Developments - The OTS publishes its report "Value added tax: routes to simplification" - On 7 November, the Office of Tax Simplification (OTS) published its first report on VAT, which included a range...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week In Review

Financial Industry Developments - Agencies Issue Advanced Notice of Proposed Rulemaking on Enhanced Cyber Risk Management Standards - On October 19, 2016, the Federal Reserve Board, the Federal Deposit Insurance...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week In Review

Agencies Issue Proposal on Method to Adjust Threshold for Exempting Small Loans from Special Appraisal Requirements - On July 22, 2016, the Consumer Financial Protection Bureau, the Federal Reserve Board and the Office...more

McDermott Will & Emery

Antitrust M&A Snapshot - July 2016

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United States: January – June Update - The Federal Trade Commission (FTC) and US Department of Justice (DOJ) have been actively challenging mergers and acquisitions in the first half of 2016. In some instances, the...more

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