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EU Court Holds Back Expansion of Antitrust Reviews to Non-Reportable Transactions

The Situation: To address a perceived enforcement gap, the European Commission ("EC") has issued guidelines expanding the types of non-reportable transactions subject to its "upward referral mechanism," which permits EU...more

The EC Issues Guidance on Assessing Market Distortions Under the Foreign Subsidies Regulation

The Situation: The European Commission ("EC") has released its first guidance on assessing market distortions under the Foreign Subsidies Regulation ("FSR")....more

ECJ Antitrust Ruling Not Likely to Jump-Start EC Deal Challenges in "Gap Cases"

In Short - The Development: The Court of Justice of the European Union ("ECJ") annulled a General Court ("GC") ruling that had adopted a high standard of proof for the European Commission ("EC") to block transactions in...more

EU Releases Draft Antitrust Exemption Guidelines for Sustainability Agreements in the Agri-Food Industry

In Short - The Development: The European Commission ("EC") has published highly anticipated draft guidelines ("Draft Guidelines") detailing a new antitrust exemption for agreements in the agriculture and food supply chain...more

Can't Make an Omelette Without Breaking Eggs: Will Farm-to-Fork Crack European Antitrust?

In Short - The Situation: The European Commission ("EC") is expected to release guidelines regarding a newly introduced exemption to the EU antitrust rules for certain agreements aimed at achieving the EU's sustainability...more

Updated EU Antitrust Rules on Vertical Supply Chain Agreements Take Effect June 1

Following an extended review, the European Commission ("Commission") has adopted revised competition law exemptions and guidance applicable to agreements in the vertical supply chain. EU antitrust law prohibits certain...more

European Commission Issues Draft Antitrust Rules on Vertical Supply Chain Agreements

The Background: The European Commission ("Commission") recently unveiled long-awaited draft revisions to its Vertical Block Exemption Regulation ("VBER") and Vertical Guidelines. The VBER includes safe harbors that exempt...more

European Commission Unveils Sweeping Proposals to Regulate the Digital Sector

The Development: The European Commission ("EC") recently released two long-awaited legislative proposals, the Digital Services Act ("DSA") and Digital Markets Act ("DMA"), that would significantly increase the EC's regulatory...more

EU Court Overturns Commission Decision in Landmark Apple Tax Case

The Development: The EU General Court annulled the European Commission's decision in the Apple case, holding that the Commission did not prove that the Irish tax rulings in question gave rise to a selective advantage under EU...more

EU Court Raises Bar for Commission to Block Certain Mergers

The EU General Court ruled that the Commission must demonstrate with a "strong probability" that the effect on competition is "significant" to block a merger that does not create a dominant company. In a rare judgment, the...more

Economic Evidence in Merger Review: EU's Highest Court Clarifies Rights of Defense

The Development: The European Court of Justice ("ECJ") ruled that the European Commission ("Commission") violated UPS's rights of defense when it failed to provide UPS with the final economic model used in its decision to...more

Connected Cars and Autonomous Driving—EU Antitrust Challenges (Part I)

The Background: The automotive industry has achieved a number of technological advances aimed at developing connected cars, automated vehicles, and ultimately autonomous driving. These innovations are expected to pose a...more

Online Trade Under Antitrust Scrutiny in EC's E-Commerce Sector Inquiry Final Report

On May 10, 2017, the European Commission published its long-awaited Final Report on the 2015 E-commerce Sector Inquiry ("Report"). The Report highlights the Commission's enforcement priorities in the online markets for...more

European Commission's Antitrust Concerns Lead to Syndicated Loans Market Study

In April 2017, the European Commission ("Commission") published a tender offer seeking an assessment of the EU market for loan syndication and possible implications under EU competition rules. The successful candidate will...more

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