News & Analysis as of

Threshold Requirements Member State

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

Latham & Watkins LLP on

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...

WilmerHale on

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

A&O Shearman

Review of below-threshold mergers creates uncertainty

A&O Shearman on

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

WilmerHale on

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

Foreign direct investment reviews 2021: European Union

White & Case LLP on

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

Dechert LLP

Increased regulatory scrutiny of foreign direct investments in the healthcare sector

Dechert LLP on

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

A&O Shearman

EU-Wide Listing Thresholds Report

A&O Shearman on

The European Securities and Markets Authority published a document listing the thresholds below which an offer of securities to the public does not need a prospectus in the various Member States of the EU...more

Jones Day

Germany Expands Its Powers to Block Takeovers by Foreign Investors

Jones Day on

The German government lowered the threshold for acquisitions of German companies by non-EU and non-European Free Trade Association ("EFTA") acquirers. Germany has expanded its powers to block takeovers of German companies...more

Jackson Walker

New Guidance on Territorial Scope of the GDPR

Jackson Walker on

The European Data Protection Board (EDPB), the successor to the Article 29 working party, recently provided long-awaited guidance on the territorial scope set forth in Article 3 of the General Data Protection Regulation...more

K&L Gates LLP

Germany Tightens Voting Rights Disclosure - New rules increase complexity of voting right disclosures and impose

K&L Gates LLP on

On October 1, 2015, the German Parliament adopted the national “Act Implementing the EU Transparency Directive Amending Directive (2013/50/EU)” (the “Act”). The aim of the directive is to harmonize the regime for notification...more

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