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
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
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
US RENEWABLES: INVESTMENT OPPORTUNITIES PERSIST IN UNCONVENTIONAL PLACE -
Apart from a few challenges, the sellers’ market in renewable energy is accelerating under the Biden administration, leading international investors...more
10/5/2021
/ Asia ,
Biden Administration ,
Clean Energy ,
Climate Change ,
Energy Sector ,
EU ,
Green Deal ,
Hydrocarbons ,
Infrastructure Financing ,
International Trade ,
Investment ,
Investors ,
Petrochemicals ,
Renewable Energy ,
Sanctions ,
Sellers ,
UK
APRIL – JUNE 2021: HIGHLIGHTS -
UNITED STATES -
- The premerger notification landscape continues to shift as filings reach another record high, and the US Congress contemplates increases to filing fees and New York...more
8/6/2021
/ Acquisitions ,
Antitrust Division ,
Biden Administration ,
Department of Justice (DOJ) ,
Emerging Technology Companies ,
Enforcement ,
EU ,
EUMR ,
European Merger Control Regulation ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Mergers ,
Pre-Merger Filing Requirements ,
Proposed Regulation ,
UK ,
UK Competition and Markets Authority (CMA)
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
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)