In the context of a dawn raid under the EU Foreign Subsidy Regulation (FSR), the EU General Court (GC) has refused to suspend the European Commission (EC)’s request to access employees’ mailboxes located in China....more
This newsletter is a summary of the antitrust developments we think are most interesting to your business. David Higbee (Global Head of Antitrust) and Dominic Long (Global Deputy Head of Antitrust) are our editors this month....more
6/6/2024
/ Acquisitions ,
Antitrust Division ,
Antitrust Litigation ,
Antitrust Provisions ,
Australia ,
Competition Act ,
Compliance ,
Cross-Border Transactions ,
Digital Markets Strategy ,
EU ,
European Commission ,
French Competition Authority ,
Guidance Update ,
Healthcare ,
Investment ,
Mergers ,
No-Poaching ,
UK ,
UK Competition and Markets Authority (CMA)
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
2/28/2024
/ Acquisitions ,
Anti-Competitive ,
Competition Authorities ,
EU ,
European Commission ,
European Court of Justice (ECJ) ,
Foreign Subsidiaries ,
Investment ,
Member State ,
Mergers ,
Private Equity Funds ,
Threshold Requirements
On 24 January 2024, the European Commission (EC) published its proposed reform of foreign investment screening in the EU. The proposal introduces more comprehensive rules for the review of foreign investments and strengthens...more
1/26/2024
/ Biden Administration ,
Critical Infrastructure Sectors ,
Dual Use Goods ,
EU ,
EU Screening Regulation ,
European Commission ,
European Court of Justice (ECJ) ,
Executive Orders ,
Export Controls ,
Foreign Direct Investment ,
Foreign Investment ,
Greenfield Projects ,
Indirect Investors ,
International Harmonization ,
Investors ,
Member State ,
New Regulations ,
Research and Development ,
Risk Assessment ,
Semiconductors ,
Sensitive Personal Information ,
Technology Sector ,
Treaty on the Functioning of the European Union (TFEU)
The European Commission (EC)’s third annual report on EU foreign direct investment (FDI) screening covers the operation of the screening mechanism in 2022. Together with a Commission Staff Working Document, it details...more
On 13 July 2023, the European Court of Justice (ECJ) gave judgment on the long-running litigation between CK Hutchison and the European Commission (EC), arising out of the EC’s 2016 decision to prohibit CK Hutchison (owner of...more
Most of the provisions of the EU Foreign Subsidies Regulation (FSR) take effect on 12 July 2023. The European Commission (EC) has also now adopted its long-awaited Implementing Regulation (IR), which contains the notification...more
The European Commission (EC) has been considering procedural amendments to the EU merger control rules since August 2016. It wants to simplify the review process for deals that are unlikely to raise antitrust concerns and to...more
On 20 October 2022, an adviser (Advocate General) to the European Court of Justice (ECJ) recommended that the ECJ uphold the European Commission (EC)’s appeal of a 2020 judgment by the lower-tier General Court (GC), which set...more
With the EU FDI Regulation close to celebrating its second year anniversary, the European Commission (EC) has published its second annual report on EU FDI screening covering the operation of the mechanism in 2021. In...more
On 5 May 2021, the European Commission (EC) published a draft Regulation aimed at remedying distortions in the EU single market caused by companies receiving subsidies from non-EU entities.
...more
The European Commission published on 19 April 2021 a template notification form that EU Member States should use in the context of the cooperation mechanism put in place by the EU FDI Regulation....more
The European Commission (EC) has published its draft Digital Markets Act (DMA), which will introduce broad reforms to the application of EU competition law to ‘gatekeepers’ in the digital sector. The proposals set out...more
The UK has well-established domestic antitrust and merger control regimes, enforced by the Competition and Markets Authority (CMA).
As an EU Member State, however, where a deal met EU merger control thresholds the CMA – in...more
The European Commission (Commission) has the power to order companies suspected of engaging in anti-competitive behaviour to stop their conduct pending a final decision in an investigation – so-called “interim measures”. The...more
On 4 April the European Commission published an expert report on how competition policy should evolve in the digital era.
The report, titled “Competition Policy for the Digital Era”, has been prepared by a panel of three...more
The European Parliament approved on 14 February 2019 a new Regulation, aimed at harmonizing and coordinating the various national foreign investment screening mechanisms across the economic bloc. The Regulation does not...more
On 29 November 2017 the European Commission (the Commission) published the long-awaited “Communication from the Commission to the European Parliament, the Council, and the European Economic and Social Committee”, setting out...more
European Commission (EC) President Juncker has outlined legislative measures on the screening by EU Member States of foreign takeovers and investments.
The new screening system aims to improve cooperation and coordination...more