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
Political Agreement Reached on Corporate Sustainability Due Diligence Rules -
On 14 December 2023, the European Council (Council) and European Parliament (Parliament) reached a political agreement on the Corporate...more
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 CMA’s efforts to make dynamic, forward-looking assessments of parties’ overlaps will only increase post-Brexit.
Dealmakers must be alert to the increasingly interventionist approach of the UK’s Competition and Markets...more
M&A deal teams should take note of heightened scrutiny of HR and employment practices by antitrust enforcers in the US and Europe.
No-poach, non-solicitation, and wage-fixing agreements - arrangements between companies...more
1/31/2020
/ Acquisitions ,
Anti-Competitive ,
Antitrust Provisions ,
Corporate Liability ,
Department of Labor (DOL) ,
Due Diligence ,
Employer Liability Issues ,
EU ,
Human Resources Professionals ,
Merger Controls ,
Mergers ,
No-Poaching ,
Non-Solicitation Agreements ,
Risk Assessment ,
Risk Management ,
Share Purchase Agreements ,
Technology Sector ,
UK ,
Wage-Fixing
What does the UK’s exit from the EU on 31 January mean for parties’ deal planning?
Key Points:
..On 23 January 2020, the UK passed legislation to leave the EU on 31 January 2020 under the terms of the Withdrawal Agreement...more
1/29/2020
/ EU ,
European Commission ,
Filing Requirements ,
Jurisdiction ,
Merger Controls ,
Mergers ,
Transitional Arrangements ,
UK ,
UK Brexit ,
UK Competition and Markets Authority (CMA) ,
Withdrawal Agreement
Buyout firms and portfolio companies should take note of heightened scrutiny of HR and employment practices by antitrust enforcers, both in the US and in Europe. No-poach and wage-fixing agreements — arrangements between...more
12/9/2019
/ Antitrust Division ,
Antitrust Violations ,
Competition Authorities ,
Contract Terms ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Enforcement Authority ,
EU ,
France ,
Gun-Jumping ,
Ireland ,
Italy ,
Merger Controls ,
No-Poaching ,
Portfolio Companies ,
Private Equity Firms ,
Risk Assessment ,
Risk Management ,
Technology Sector ,
UK ,
Wage-Fixing
Decision highlights the need to coordinate document production in parallel cross-border merger control proceedings.
Key Points:
..Heightened CMA use and enforcement of statutory requests for information call attention...more