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 new programme of work will examine whether algorithmic systems can be used in ways that create anti-competitive effects and consumer detriment.
Key Points:
..The CMA’s research will focus largely on...more
The European Commission is seeking feedback on introducing regulations or guidance to ensure that EU competition law rules do not prevent self-employed workers from collectively bargaining.
On 6 January 2020, the European...more
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
Emerging companies have historically been backed by venture capital funds, but as Europe’s startup scene matures, involvement by more traditional private equity investors is growing, particularly in the tech, consumer, and...more
12/17/2020
/ Buyouts ,
Digital Health ,
Emerging Growth Companies ,
Emerging Technology Companies ,
Investors ,
Life Sciences ,
Private Equity ,
Private Equity Firms ,
Startups ,
Target Company ,
Technology Sector
The initiative includes a competition law sustainability “sandbox” in which market participants could team up to work on sustainable business projects.
The Greek Competition Authority (HCC) has announced a public...more
10/2/2020
/ Competition ,
Competition Authorities ,
Environmental Social & Governance (ESG) ,
EU ,
Greece ,
Market Participants ,
Member State ,
Sandbox ,
Sustainability ,
Sustainable Business Practices ,
Sustainable Projects
Welcome to the inaugural issue of the EU Regulatory & Antitrust Monitoring on Sustainability newsletter. The September issue features six key takeaways from the past month to which companies and investors operating in the EU...more
The CMA recognises that businesses may need to cooperate to ensure supply of essential products and services during the COVID-19 outbreak.
On 27 March 2020, the FCA and Payment Systems Regulator (PSR) announced their...more
Call for input: market players need to engage with the process for the procurement of the NPA -
This Call for Input is part of the development of the Payment Systems Regulator’s (PSR) policy for the future regulation of...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
The CAT’s Royal Mail v. Ofcom judgment considers what constitutes abusive conduct, the “as-efficient competitor” test, and the use of expert economic advice.
On 12 November 2019, the UK Competition Appeal Tribunal (the...more
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