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)
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
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
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)
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
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 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
On September 22, 2021, the EU General Court (GC) upheld a decision from the European Commission (Commission) by which it fined telecommunications operator Altice for gun jumping (T-425/18, Altice Europe v Commission). In...more
KOREA WEBINAR SERIES 2021 -
In light of the COVID-19 pandemic, our first Korea Webinar Series will be held as a virtual series, with four sessions taking place between September 8 – September 28, 2021. Though we cannot...more
9/9/2021
/ Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Audits ,
Collusion ,
Competition ,
Competition Authorities ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
European Commission ,
Green Deal ,
Korea ,
Mergers ,
Procurement Collusion Strike Force ,
Public Procurement Policies ,
Risk Mitigation ,
Technology Sector ,
Webinars ,
Whistleblower Protection Policies ,
Whistleblowers
McDermott is committed to provide insightful legal developments around the world to our Japanese clients. In light of that effort, Japan Webinar Series will be held between Thursday, May 20 – Thursday, June 3, 2021.
This...more
5/12/2021
/ Anti-Money Laundering ,
Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Best Practices ,
Biden Administration ,
Buy America ,
Civil Liability ,
Collusion ,
Comment Period ,
Competition ,
Competition Authorities ,
Compliance ,
Cooperation ,
Criminal Liability ,
Cross-Border Transactions ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Internal Investigations ,
Japan ,
Mergers ,
Procurement Collusion Strike Force ,
Public Comment ,
Public Procurement Policies ,
Risk Mitigation ,
Section 201 ,
Section 232 ,
Section 301 ,
Section 337 ,
US Trade Policies ,
Webinars ,
Whistleblower Protection Policies ,
Whistleblowers
Expect More Criminal Enforcement & What You Can Do To Minimize Your Risk -
Antitrust cartel and related collusive scheme enforcement is poised to increase. Several factors support this: (1) the Antitrust Division (the...more
5/10/2021
/ Compliance ,
Cross-Border Transactions ,
Data Protection ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
European Commission ,
European Data Protection Board (EDPB) ,
European Economic Area (EEA) ,
General Data Protection Regulation (GDPR) ,
Pharmaceutical Industry ,
Proposed Legislation ,
Risk Management ,
UK Brexit
Sovereign Wealth Fund Investment in the Global Healthcare Industry -
Sovereign Wealth Funds (SWF) seek out investments that are resilient, conducive to their aims and objectives, and reasonably free from market...more
5/5/2021
/ Appeals ,
Bonds ,
Collaboration ,
Copyright Ownership ,
Coronavirus/COVID-19 ,
Court of Justice of the European Union (CJEU) ,
Data Privacy ,
Drug Pricing ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Enforcement Actions ,
EU ,
European Commission ,
European Data Protection Board (EDPB) ,
Germany ,
Healthcare Workers ,
Intellectual Property Protection ,
International Data Transfers ,
Investment Funds ,
Investors ,
Patents ,
Pharmaceutical Industry ,
Private Equity Funds ,
Sovereign Wealth Funds ,
Vaccinations
The European Commission wants to be able to block or conditionally approve transactions, mainly in the digital economy and in the pharmaceutical sector, even when the thresholds for notification are not met. In publishing its...more
OCTOBER - DECEMBER 2020 UPDATE -
UNITED STATES -
Despite initial obstacles because of the COVID-19 pandemic, 2020 rounded out to be the busiest year for mergers and acquisitions (M&A) enforcement in the United States...more
2/8/2021
/ Acquisitions ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Digital Markets Strategy ,
Enforcement Actions ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Investigations ,
Mergers ,
Premerger Notifications ,
Proposed Rules ,
UK Competition and Markets Authority (CMA)
On January 28 2021, the European Commission (Commission) amended its COVID-19 Temporary State aid Framework (Temporary Framework) for the fifth time. The Commission adopted the Temporary Framework at the beginning of the...more
McDermott’s Annual European Competition Review summarizes key developments in European competition rules. During the previous year, several new regulations, notices and guidelines were issued by the European Commission. There...more
1/25/2021
/ Cartels ,
Coronavirus/COVID-19 ,
Court of Justice of the European Union (CJEU) ,
EU ,
European Commission ,
European Merger Control Regulation ,
General Court of the European Union (GCEU) ,
Infringement ,
New Legislation ,
State Aid ,
Vertical Block Exemption Regulation (VBER)