News & Analysis as of

European Merger Control Regulation

McDermott International Legal Highlights - April 2017

by McDermott Will & Emery on

DOJ Policy Updates Signal Continuity of Antitrust Program - The US Department of Justice (DOJ) Antitrust Division has revised its “Frequently Asked Questions About the Antitrust Division’s Leniency Program and Model...more

EU Competition Newsletter - April 2017

by Bryan Cave on

The Brexit referendum result in June last year created many uncertainties for the British economy and continues to do so. In this Breakfast Seminar, Robert Bell will focus his remarks on what he sees will be the likely...more

Economists Must Respect Due Process Too! EU General Court annuls Commission decision blocking UPS/TNT merger

by White & Case LLP on

The judgment reinforces due process and transparency in EU merger control proceedings. The Court made clear that due process standards will be strictly enforced in merger cases, despite the relatively tight deadlines. The...more

EU Antitrust Continuity Potentially Threatened by Brexit

by Foley & Lardner LLP on

Our second antitrust outlook-focused post reflects on how we expect 2017 to continue to shape up as a year in which competition policy and enforcement will face increased uncertainty and complexity, specifically with respect...more

EU Merger Control Procedural & Jurisdictional Aspects: Reply To The European Commission Consultation

by Hogan Lovells on

We welcome the opportunity to provide comments to the European Commission in its evaluation of procedural and jurisdictional aspects of EU merger control. A NEW JURISDICTIONAL THRESHOLD - We respond here to section...more

Overview of the Proposed Reforms of the EU Merger Control Regime

by McDermott Will & Emery on

In October 2016, the European Commission launched a public consultation to continue the process of identifying possible areas of the EU Merger Regulation suitable for refinement, improvement and simplification....more

International News: Focus on International Dispute Resolution

by McDermott Will & Emery on

Overview of the Proposed Reforms of the EU Merger Control Regime - In October 2016, the European Commission launched a public consultation to continue the process of identifying possible areas of the EU Merger Regulation...more

Minority shareholdings: New competition law issues?

by Dentons on

New competition law issues with respect to minority shareholdings? A topic that recently became prominent in the competition law community and beyond is whether so-called “common ownership” may have a negative effect on...more

Inside M&A - August 2016

by McDermott Will & Emery on

Recent Enforcement Trends in Divestiture Packages - The Federal Trade Commission (FTC) and US Department of Justice’s (DOJ) Antitrust Division have been actively challenging mergers and acquisitions (M&A) across a...more

Antitrust Matters - July 2016

by DLA Piper on

Welcome to the July issue of DLA Piper's quarterly Antitrust Matters newsletter, which brings you antitrust and competition news from all around the world. While we reflect on the UK's decision to leave the European...more

New Size-of-Transaction Test in German Merger Control

by Latham & Watkins LLP on

Proposed legislative amendment to include changes to merger control thresholds, dominance test, parental liability, and to implement EU private damage directive. This Client Alert focuses on amendments to merger control,...more

A Brexit Antitrust Primer

The decision by the United Kingdom (UK) to leave the European Union (EU) will have far-reaching consequences for companies doing business in the UK and elsewhere in Europe. Specific details of the UK's withdrawal agreement...more

European Commission Asserts Broad Power to Scrutinize Transactions Involving Chinese State-Owned Enterprises

by Latham & Watkins LLP on

EC decision considering the control over SOEs may have far-reaching implications for future transactions of all Chinese SOEs in Europe. In its recent decision in Case COMP/M.7850 - EDF / CGN / NNB Group of Companies, the...more

EU: Merger case cleared following offer of FRAND technology license

by McDermott Will & Emery on

On 20 April 2016, the European Commission (Commission) cleared, under its merger control rules, the acquisition of Equens and PaySquare by Worldline subject to, amongst others, a commitment to license technology to any...more

Update: Peculiarities of the Merger Filing Requirements in Germany and Austria

by McDermott Will & Emery on

As many dealmakers doing business in Europe have realized, German and Austrian merger filing requirements are sometimes a bit tricky, and in some respects different from the rules in place at EU level and in other EU member...more

Buying a liquidated company’s assets? – Be wary of UK Merger Control

by Bryan Cave on

On the 16 December 2015, the Supreme Court overturned a decision of the Court of Appeal and held that the Competition and Markets Authority (CMA) had the power to subject the acquisition of the former SeaFrance Dover-Calais...more

European Competition Law Newsletter – January 2016

by McGuireWoods LLP on

On 16 December 2015, the UK Supreme Court handed down a judgment on the definition of a merger for the purposes of UK merger control law. This issue is crucial for determining when the regulator may intervene under UK law and...more

When assets might be an 'enterprise' (UK merger control)

by DLA Piper on

Under the Enterprise Act 2002, the Competition and Markets Authority (CMA) only has jurisdiction to review a transaction if a "relevant merger situation" has been created. A key criterion of a "relevant merger situation" is...more

Alert: Scope of EU Merger Control Reforms in Doubt

by Cooley LLP on

Recent comments by the European Commissioner for Competition, Margrethe Vestager, indicate that European Commission staff still have some persuading to do over their proposal to extend the scope of European merger control to...more

The European Commission’s Enforcement Priorities and the Debate on the Reform of the EU Merger Control Regulation

by K&L Gates LLP on

EU merger control celebrates its 25th anniversary this year. On 13 March 2015, the EU Commissioner for Competition Margrethe Vestager gave a speech on merger reform and market definition noting that, although there is no room...more

Italian Merger Control Thresholds – New Revisions

by McDermott Will & Emery on

The Italian Competition Authority has updated its merger control turnover thresholds. Effective today, 16 March 2015, Section 16(1) of Law no. 287 of 10 October 1990 requires prior notification of all mergers and acquisitions...more

Inside M&A - Winter 2015

by McDermott Will & Emery on

Recent U.S. Cases Highlight Liability Risks to Executives in Mining, Heavy Industrial Transactions - Historically, corporate executives rarely faced personal or criminal liability resulting from mining or environmental...more

International Transactions May Escape German Merger Control Even if Statutory Control Thresholds Are Exceeded - New FCO German...

by Dorsey & Whitney LLP on

In many countries turnover tests triggering merger control can be overly far-reaching and cover transactions that are “entirely foreign” and do not have any appreciable effect in the country concerned. Newly issued German...more

Focus on Private Equity - October 2014

by McDermott Will & Emery on

Proposed EU Merger Review of Non-Controlling Minority Shareholding Acquisitions: Challenges and Opportunities for Private Equity - At present, the EU Merger Regulation [Council Regulation (EC) No 139/2004] (the Merger...more

Governance & Securities Law Focus: Latin America Edition - October 2014

by Shearman & Sterling LLP on

In this issue: - US DEVELOPMENTS - SEC Developments - Noteworthy US Securities Law Litigation - Recent SEC/DOJ Enforcement Matters - EU DEVELOPMENTS - European Commission...more

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