In a spectacular turn, on September 3, 2024, the Court of Justice (CJEU), constituted as the grand chamber, overturned the ruling of the General Court (GC) and annulled the decision made by the Commission to accept requests...more
9/3/2024
/ Court of Justice of the European Union (CJEU) ,
Digital Markets Strategy ,
EFTA ,
EU ,
EUMR ,
European Commission ,
Legal Costs ,
Member State ,
Merger Controls ,
New Regulations ,
Treaty on the Functioning of the European Union (TFEU)
UNITED STATES -
New Merger Guidelines Deployed -
The 2023 Merger Guidelines are a non-binding statement that provides clarity on aspects of federal agencies’ deliberations and enforcement practices undertaken in...more
5/3/2024
/ Acquisitions ,
Artificial Intelligence ,
Department of Justice (DOJ) ,
Emerging Technologies ,
EU ,
Federal Trade Commission (FTC) ,
Foreign Investment ,
Healthcare ,
Horizontal Merger Guidelines ,
Merger Controls ,
Mergers ,
Private Equity ,
UK ,
Vertical Mergers
In this dynamic global landscape, investors have always been required to make savvy, smart choices. This requires navigating through the intricate web of bilateral treaty protection, exploring the vital role these agreements...more
12/20/2023
/ Acquisitions ,
Bilateral Investment Treaties ,
Buyers ,
Carve Out Provisions ,
Cross-Border Transactions ,
Energy Sector ,
EU ,
Financial Regulatory Reform ,
Foreign Investment ,
Foreign Subsidiaries ,
Foreign Subsidies ,
Healthcare ,
Hedging ,
International Trade ,
Investment ,
Investors ,
Jurisdiction ,
Life Sciences ,
Mergers ,
Regulatory Agenda ,
Sellers ,
Sports ,
Technology Sector ,
UK
THE EUROPEAN COMMISSION PUBLISHES FINAL IMPLEMENTING REGULATION ON PROCEEDINGS PURSUANT TO THE FOREIGN SUBSIDIES REGULATION -
On July 10, 2023, the European Commission (the “Commission”) published its final regulation for...more
11/22/2023
/ Acquisitions ,
Capital Markets ,
Competition ,
Corporate Governance ,
Corruption ,
Court of Justice of the European Union (CJEU) ,
Cross-Border ,
EU ,
European Commission ,
European Merger Control Regulation ,
Foreign Subsidies ,
Merger Controls ,
Mergers ,
Regulatory Reform
UNITED STATES -
Proposed Merger Guidelines Outline Fundamental Change of Approach to Merger Investigation and Enforcement -
On July 19, 2023, the Federal Trade Commission (FTC) and the US Department of Justice (DOJ)...more
10/27/2023
/ Acquisitions ,
Antitrust Division ,
Competition ,
Enforcement ,
EU ,
Federal Trade Commission (FTC) ,
Investigations ,
Merger Agreements ,
Merger Controls ,
Mergers ,
New Guidance ,
UK ,
UK Competition and Markets Authority (CMA)
Last Step Towards a New Regulatory Framework for M&A Transactions Within the European Union -
On July 10, 2023, the European Commission (the “Commission”) published its final regulation for implementing the Foreign...more
On July 4, 2023, the Court of Justice of the European Union (CJEU) issued a ruling in the case involving Meta Platforms Inc., Meta Platforms Ireland, and Facebook Deutschland (Meta). The judgement explores the intersection of...more
7/12/2023
/ Competition ,
Corporate Counsel ,
Court of Justice of the European Union (CJEU) ,
Digital Marketplace ,
EU ,
European Court of Justice (ECJ) ,
Facebook ,
General Data Protection Regulation (GDPR) ,
Legislative Agendas ,
Metaverse ,
National Competent Authorities (NCA) ,
New Legislation ,
New Regulations ,
Online Platforms ,
Privacy Laws ,
Social Networks
As of July 1, 2023, Belgium has applied a new uniform screening mechanism for FDI, (Foreign Direct Investment) laid down in a Cooperation Agreement, agreed upon by all Belgian regions and the Belgian Federal State.
Under...more
The EU Commission has adopted a legislative package to further streamline the simplified merger control procedures within the European Union -
On April 20, 2023, the EU Commission (Commission) adopted and published a...more
In our super-connected age, we are inundated with information. It can be difficult to select what is really relevant to one’s business.
The purpose of this Review is to provide legal counsel and their teams easy...more
1/31/2023
/ Abuse of Dominance ,
Court of Justice of the European Union (CJEU) ,
Digital Markets Strategy ,
EUMR ,
European Commission ,
European Economic Area (EEA) ,
General Court of the European Union (GCEU) ,
Mergers ,
National Competent Authorities (NCA) ,
State Aid ,
Treaty on the Functioning of the European Union (TFEU)
On December 23, 2022, Regulation (EU) 2022/2560 of December 14, 2022 on foreign subsidies distorting the internal market (FSR) was published in the Official Journal of the European Union. The FSR introduces a new regulatory...more
APRIL – JUNE 2022: KEY THEMES AND TAKEAWAYS -
UNITED STATES -
• An Overview of Agency Merger Challenges from January 2021 through June 2022 Parties continue to be cautious in litigating challenged transactions. Since...more
9/26/2022
/ Acquisitions ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Foreign Subsidies ,
Hart-Scott-Rodino Act ,
Healthcare ,
Investment ,
Mergers ,
National Security ,
Pharmaceutical Industry ,
Private Equity ,
UK ,
UK Competition and Markets Authority (CMA)
UNIQUE GUN-JUMPING CASE SANCTIONED BY FRENCH COMPETITION AUTHORITY -
A new European gun-jumping decision, following the European Court of Justice 2022 Marine Harvest judgment, sends a very strong message to companies that...more
9/21/2022
/ Acquisitions ,
Advertising ,
Anti-Competitive ,
Competition ,
Department of Justice (DOJ) ,
Dot Com Disclosure Guide ,
Enforcement Actions ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
French Competition Authority ,
Gun-Jumping ,
Marketing ,
Mergers ,
Price-Fixing
To help you stay up to date on the enforcement trends impacting your compliance strategy, McDermott is pleased to invite you to the 2022 Enforcement Outlook webinar series, which covers key areas of enforcement on a monthly...more
9/14/2022
/ Antitrust Division ,
Antitrust Investigations ,
Antitrust Litigation ,
Antitrust Provisions ,
Antitrust Violations ,
Consumer Product Companies ,
Continuing Legal Education ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Job Market ,
Risk Mitigation ,
Section 2 ,
Sherman Act ,
Webinars
On June 30, 2022, the Council of the European Union (Council) and the European Parliament (Parliament) reached a political agreement on the Regulation on foreign subsidies distorting the internal market (FSR or Regulation)....more
In Illumina v Commission, the General Court has confirmed the authority of the European Commission (EC) under Article 22 EU Merger Regulation (EUMR) to examine a transaction that does not have a European dimension, but which...more
In Illumina v Commission, the General Court has confirmed the authority of the European Commission (EC) under Article 22 EU Merger Regulation (EUMR) to examine a transaction that does not have a European dimension, but which...more
On May 16, 2022, the Belgian Competition Authority (BCA) published its long-awaited notice on enforcement priorities for 2022 (Notice).
The BCA explains that, with a view to making the best use of its resources, it will...more
5/17/2022
/ Belgian Competition Authority ,
Belgium ,
Competition ,
Coronavirus/COVID-19 ,
Digital Services ,
Energy Sector ,
Enforcement ,
EU ,
Financial Services Industry ,
Global Market ,
Investigations ,
Mergers ,
Pharmaceutical Industry ,
Telecommunications
On March 24, 2022 the Council of the EU and the European Parliament reached political agreement on the “Regulation of the European Parliament and of the Council on contestable and fair markets in the digital sector” (Digital...more
To mitigate the negative economic and social consequences of Russian military aggression against Ukraine and to lessen the effect of the restrictive economic measures taken in response to the crisis, as well as retaliatory...more
On March 21 2022, the European Competition Network (ECN), the network of authorities comprising the European Commission, the EFTA Surveillance Authority and the national competition authorities of all EU Member States (NCAs),...more
The European Commission consults Member States on its draft proposal -
On March 10, 2022 the European Commission (Commission) sent a draft proposal to EU Member States with the aim of establishing a State aid Temporary...more
Introduction of filing fees in concentration notifications and transposition of the ECN+ Directive into Belgian law -
On March 7, 2022, changes to both the Belgian Code of Economic Law (CEL) as well as the Belgian Criminal...more
CARTELS & RESTRICTIVE AGREEMENTS -
EC FINES VALVE AND FIVE PUBLISHERS OF PC VIDEO GAMES FOR GEO-BLOCKING -
AT.40413, Focus Home – Video Games; AT.40414, Koch Media – Video Games; AT.40420, Zenimax – Video Games;...more
2/4/2022
/ Cartels ,
Competition ,
Court of Justice of the European Union (CJEU) ,
EU ,
European Commission ,
Investment ,
Legislative Agendas ,
Merger Controls ,
Policy Management ,
Restrictive Covenants ,
State Aid
CROSS-PRACTICE TEAM RECOVERS $6 MILLION FROM BITCOIN THIEF IN SHORT ORDER -
The Challenge:
In the emerging cryptocurrency space, most investors store their assets in digital wallets, where—unlike traditional bank...more
12/16/2021
/ Bitcoin ,
Chapter 11 ,
Clean Energy ,
Competition ,
Corporate Crimes ,
Cryptocurrency ,
Cybersecurity ,
Department of Justice (DOJ) ,
EU ,
Green New Deal ,
Investors ,
NIST ,
Ransomware ,
Renewable Energy ,
Taxation ,
Trading Platforms ,
White Collar Crimes