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The French Competition Authority officialises its “open door” policy to help companies with sustainability projects

The French Competition Authority (“FCA”) is committed to an “open door” policy to support companies wishing to pursue projects around sustainable development. Continuing its informal policy since 2020, the FCA has published a...more

Will the European Commission lose its ability to review below-threshold deals?

In yet another twist in the Illumina/Grail saga, Advocate General Emiliou has challenged the European Commission's approach to calling-in certain non-reportable transactions for review. The final judgment will be delivered by...more

Five Things Funds need to know about the Foreign Subsidies Regulation

The EU Foreign Subsidies Regulation took effect on 12 July 2023 to much fanfare. We take a look at the top five things PE funds need to know when considering acquisitions with a European footprint. The Foreign Subsidies...more

The European Commission adopts the FSR Implementing Regulation

The adopted FSR Implementing Regulation contains important changes compared to the draft published in February 2023. The focus of the FSR filings for M&A deals and public tenders in the EU will be on companies' foreign...more

French Merger Control Update: Key Takeaways from 2022

In 2022, the French Competition Authority (the "FCA") maintained a high level of activity, focusing notably on digital markets, which remain one of its key priorities. Last year also brought the first successful failing firm...more

New and significantly expanded EU guidance on market definition – The European Commission launches a consultation on its draft...

On 8 November 2022, the European Commission launched a public consultation on its draft revised Market Definition Notice. The new Notice provides detailed explanatory guidance based on recent case law of the European...more

ECJ Advocate General proposes that non-reportable transactions could be caught by abuse of dominance rules

Advocate General Juliane Kokott has proposed that the EU Court of Justice should find that competition authorities have the power to apply Article 102 TFEU to corporate transactions that are not reportable, and test under...more

French Competition Authority decides rare failing firm defence case

The French Competition Authority ("FCA") has unconditionally authorized the acquisition of furniture retailer Conforama by Mobilux under the failing firm defence ("FFD").   On 8 July 2019, Mobilux group ("Mobilux")...more

Gun-jumping – The French Competition Authority fines COFEPP for failure to notify and completing the transaction before clearance

The French Competition Authority ("FCA") fines a company for gun-jumping in a case relating to a progressive takeover and de facto control - On 12 April 2022, the FCA fined the Compagnie Financière Européenne de Prises de...more

Latest developments on the Article 22 EUMR referral mechanism: the only thing that's certain is the uncertainty

The European Commission ("EC") is shifting its approach with respect to the referral mechanism under Article 22 of the EU Merger Regulation 139/2004 (the "EUMR") and now – at least in certain circumstances – encourages...more

Veolia/Suez: the European Commission finds no gun-jumping and clarifies the scope of the public bid exemption to the standstill...

In the midst of the Homeric battle between Veolia and its takeover target, Suez, the European Commission rejects Suez's gun-jumping claim and provides further clarifications on the scope of the exemption to the standstill...more

First-ever analysis of the hydrogen sector by the French Competition Authority

At a time when the European Union and many Member States have just unveiled their hydrogen strategy, the French Competition Authority takes the lead in delivering the very first analysis of the emerging hydrogen sector in a...more

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