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
9/9/2024
/ Antitrust Provisions ,
Competition Authorities ,
Court of Justice of the European Union (CJEU) ,
EU ,
European Commission ,
European Merger Control Regulation ,
Jurisdiction ,
Jurisdictional Thresholds ,
Member State ,
Merger Controls ,
Merger Reviews ,
Mergers ,
Threshold Requirements
The European Commission (EC) has published draft antitrust guidelines on exclusionary abuses (the Draft Guidelines) and is conducting a public consultation to gather feedback....more
9/5/2024
/ Antitrust Provisions ,
Competition ,
Consultation ,
Draft Guidance ,
Enforcement ,
Enforcement Priorities ,
EU ,
European Commission ,
Exclusionary Authority ,
Global Market ,
Multi-Factor Test ,
Treaty on the Functioning of the European Union (TFEU)
Latham’s Antitrust & Competition Practice provides insight on the current state of enforcement, including more expansive views of what constitutes a cartel, enhanced detection tools, and what to expect next....more
7/3/2024
/ Antitrust Investigations ,
Antitrust Provisions ,
Cartels ,
Competition ,
Competition Authorities ,
Cooperation ,
Dawn Raids ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Enforcement Authority ,
European Commission ,
Evidence ,
Leniency Programs ,
OECD
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
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 conducted a public consultation to gather...more
According to a new judgment LPP protects private communication between clients and lawyers, limiting requests for information in competition proceedings.
Key Points:
..Clients can now argue that their communications with...more
The European Commission (EC) has published a draft revised Vertical Block Exemption Regulation (VBER) and Vertical Guidelines (the Guidelines) for public consultation. The draft revised VBER and Guidelines are an important...more
7/13/2021
/ Antitrust Provisions ,
Competition Authorities ,
Consultation ,
Digital Markets Strategy ,
Digital Single Market ,
E-Commerce ,
EU ,
European Digital Strategy ,
Online Platforms ,
Proposed Regulation ,
Safe Harbors ,
Treaty on the Functioning of the European Union (TFEU) ,
Vertical Block Exemption Regulation (VBER)
The European Commission (EC) has published new guidance on the application of the referral mechanism set out in Article 22 of the EU merger regulation (EUMR) allowing for mergers falling below national merger thresholds to be...more
4/1/2021
/ Acquisitions ,
Administrative Procedure ,
Competition Authorities ,
Enforcement Authority ,
EU ,
European Commission ,
European Merger Control Regulation ,
Member State ,
Merger Controls ,
Mergers ,
New Guidance ,
Pharmaceutical Industry ,
Technology Sector
The Court of Justice of the European Union (ECJ) has confirmed that pay-for-delay agreements with generic manufacturers ready to enter the market violate EU antitrust rules.
...more
The European Commission (EC) has published the results of its public consultation on the review of the Motor Vehicle Block Exemption Regulation (MVBER). Key Points:
..The automotive sector is under surveillance as it has...more
..On 23 July 2020, the French Competition Authority (Authority) published new merger control guidelines, which replace the previous guidelines dated 4 July 2013.
..In the new guidelines, the Authority clarifies and...more
The second amendment allows EU Member States to provide State aid in the form of recapitalisations and subordinated debt to companies affected by COVID-19.
On 8 May 2020, the European Commission (Commission) adopted a...more