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Threshold Requirements European Merger Control Regulation

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

White & Case LLP

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

White & Case LLP on

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

Jones Day

The Reshaping of Competition Rules and Procedures in Italy

Jones Day on

The Situation: Over the last year, the Italian Competition Bill (Law 287/1990) has undergone a significant number of amendments aimed at strengthening the enforcement powers of the Italian Competition Authority ("ICA"). At...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

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

McDermott Will & Emery

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

McDermott Will & Emery on

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

White & Case LLP on

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

Jones Day

Jones Day Global Merger Control Update - April 2019

Jones Day on

This Jones Day Global Merger Control Update examines recent developments in merger control regimes, as well as anticipated changes to those regimes worldwide. Merger control enforcement has continued to surge around the...more

Jones Day

New Merger Thresholds for Italian Transactions

Jones Day on

The Background: On August 2, 2017, the Italian Parliament approved the Law on Market and Competition, which provided a new set of pre-merger filing thresholds. After publication of the law in the Official Gazette on August...more

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