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The European Court of Justice Resurrects an Old Tool to Tackle Below Threshold Mergers

Overview - - The European Court of Justice (CJEU) brought back to life an old theory which allows acquisitions, which fall below EU and national merger control thresholds, to be challenged post-completion under abuse of...more

EU Takes Another Big Protectionist Step as New Foreign Subsidies Regulation Comes into Force

The EU Foreign Subsidies Regulation (FSR) entered into force on 12 January 2023. It represents a massive expansion in the European Commission’s power to investigate inward investment to the EU. This new regulation—the first...more

Damages Claims in the Competition Appeal Tribunal – Where Have We Come From And Where to Next?

Will 2022 be seen as the year in which the gates finally opened for damages claims in the Competition Appeal Tribunal (CAT)?...more

General Court Decision in Illumina / Grail Vindicates Commission’s Article 22 Referral Policy

Quick Read - - The EU’s jurisdiction to review mergers is no longer linked to notification. This is a big change and sharply reduces parties’ ability to predict antitrust hurdles to closing based on notification thresholds....more

General Court Judgment in Canon – A Victory for Commission Gun-Jumping Enforcement

On 18 May 2022, the European General Court rejected Canon’s appeal against a €28 million fine imposed by the European Commission in 2019 for its breach of EU gun-jumping rules, just a few months after a similar judgment,...more

Intel v. Commission: Victory for Companies, Loss for Commission

On 26 January 2022 the General Court (GC) issued its latest judgment in the Intel case, faulting fundamental aspects of the Commission’s original decision almost 13 years prior. The judgment’s findings are promising for...more

English Court of Appeal Clarifies Threshold for Raising ‘Off-Setting’ Defences in Competition and Other Breach of Duty Claims

The recent decision of the English Court of Appeal in NTN Corporation v. Stellantis concerned an appeal against a successful application to strike out an off-setting defence to a competition damages claim. It is an important...more

Decrypting the Proposed Regulation of Crypto-Assets in the EU

On September 24, 2020 the European Commission (EC) launched proposals for a new EU-wide regime to regulate crypto-assets and distributed ledger technology (DLT) in the financial sector through a Digital Finance Package. Key...more

UK Supreme Court Judgement in Servier Competition Damages Litigation

Holds Findings Made by European Courts Cannot Be Relied on in Different Context in Other Proceedings - On November 6, 2020 the U.K. Supreme Court handed down a judgment relating to the Servier U.K. competition damages...more

The UK National Investment and Security Bill is published

On 11 November 2020, the U.K. Government announced long-awaited and extensive reforms to the U.K. foreign investment regime. The reforms proposed are more significant than anticipated and include a mandatory notification...more

Shearman & Sterling Responds to the EC Market Definition Notice Consultation

In her first speech upon being reappointed as Competition Commissioner, Commissioner Vestager announced that a review would be undertaken of the Commission’s Market Definition Notice (the “Notice”); the consultation on that...more

UK Supreme Court Gives Important Judgment in the Visa/Mastercard ‘Interchange Fee’ Litigation

The U.K. Supreme Court has handed victory to a group of British retailers (the “respondents”) in a long-running dispute with Mastercard and Visa Europe (the “appellants”) finding that the default “multilateral interchange...more

6/24/2020  /  MasterCard , UK , UK Supreme Court , Visas

European Commission Expands Arsenal to Curtail Foreign Subsidies

On June 17, 2020, the European Commission published its highly anticipated White Paper detailing its “anti-subsidy tool,” aimed at rectifying supposed distortions in the EU caused by foreign subsidies. Stakeholders have until...more

The Court’s Quash of the European Commission’s UK Mobile Merger Prohibition Will Have Consequences Far Beyond the Telco Sector

Under the leadership of Margrethe Vestager, the European Commission has taken an increasing interventionist stand across all areas of antitrust enforcement, in particular in merger control. The EU’s General Court dealt that...more

Foreign Investment Review in Europe: Key Considerations for Investors and Latest Developments Prompted by COVID-19

Global foreign direct investment (FDI) amounted to 1,426 billion USD in 2019. In recent years, a number of countries around the world have implemented measures to strengthen their FDI review mechanisms. Undoubtedly, this...more

Competition Litigation Update

The English Courts will continue this year to consider several issues that will shape the future of private damages actions for infringements of competition law....more

5/13/2020  /  Competition , European Commission , UK

Airlines: EU State Aid Rules, Future M&A Considerations and Irish Exposure to Airlines

Although the EU’s introduction of a Temporary Framework has enabled governments to offer extensive State-backed loans, the airline industry needs more than just credit—it will need equity. However, State aid to the aviation...more

EU Steps Up Protection of Critical Assets and Technologies During COVID-19 Crisis

Key Points - - Although Brussels has no power to approve or block FDI, the European Commission is urging a tightening of policy across the block. - The Commission is signaling that it is responsive to calls for a more...more

How Will COVID-19 Measures Impact Substantive EU Merger Control Review?

The first wave of discussion about the impact of COVID-19 on EU merger control was very much on the practical and procedural. What, impact if any, will the response to this crisis have on the substantive assessment of mergers...more

COVID-19 and Antitrust: Crisis and Change

How will European Competition Enforcers Respond? The COVID-19 pandemic presents an unprecedented challenge to the economy and competition enforcement is no exception. Authorities at EU and national level may need to...more

HSBC v. Commission: Just Give Them a Reason

On 24 September 2019, the EU General Court (GC) handed down its judgment in HSBC v. Commission. Consistent with recent precedent, the GC reaffirmed the European Commission (“Commission”)’s duty to provide sufficient reasons...more

Key Antitrust Enforcement Trends — 2019 Antitrust Annual Report

Welcome to the 2019 Shearman & Sterling Antitrust Annual Report. Our seventh edition focuses on the contrasting use by regulators of antitrust laws with respect to the FANGs, and how antitrust is being enforced in the U.S....more

AG Wathelet Opinion: No Half-Baked Excuses on State Aid and the Incentive Effect

Advocate General Wathelet has issued his opinion in the Eesti Pagar preliminary ruling, which if followed could have significant implications for Member States, national authorities and beneficiaries of State aid. Wathelet’s...more

Excessive Pricing, ‘Pay-For-Delay’ and Rebates: A New Era of Enforcement in the Pharmaceutical Industry

The European Commission (EC) and other national competition authorities (NCAs) have traditionally shied away from investigating allegations of excessive pricing and appearing as price regulators. Commissioner Vestager warned...more

The Intel Ruling: A New Dawn?

In perhaps the most hotly anticipated judgment in the European competition law world this year, the Court of Justice of the European Union (CJEU) handed down its landmark ruling on September 6, 2017 in Intel’s appeal against...more

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