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EU Foreign Subsidy Regulation: General Court refuses to suspend EC request for mailboxes located in China

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

Key antitrust findings - May 2024

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

Review of below-threshold mergers creates uncertainty

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

Third annual report on EU foreign investment reveals a significant increase in formal screenings

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

ECJ confirms no higher standard for blocking mergers short of dominance

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

EU Foreign Subsidies Regulation takes effect with procedural rules clarified

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

European Commission streamlines merger review process

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

Advocate General’s Opinion in Commission v CK Telecoms

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

European Commission reports on operation of EU FDI screening mechanism

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

Foreign subsidies under the EU microscope

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

Stricter information requirements for foreign investors under the EU FDI Regulation

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

Digital Markets Act: EC publishes details of proposed competition rules for ‘gatekeeper’ digital platforms

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

Antitrust and Brexit – where do we stand?

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

European Commission seeks to impose interim measures for first time in nearly two decades

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

EU report on Competition Policy for digital era

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

New EU Regulation Bolsters Cooperation in National Screening of Foreign Investments Across Europe

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

The European Commission publishes communication on Standard Essential Patents

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 proposes common approach to foreign direct investment screening

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

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