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DAMITT Q2 2024: Abandonments Dominate the Podium in Merger Enforcement

The U.S. agencies concluded 11 significant merger investigations in the first half of 2024—just one shy of the total concluded in all of 2023. Activity has picked up considerably since last year but is still below the...more

European Court of Justice Considers Limits on European Commission's Merger Review Powers

Applying its recent re-interpretation of Article 22 of the European Union Merger Regulation (“EUMR”), which enables Member States to refer to the European Commission (the “Commission”) transactions that do not reach either EU...more

DAMITT Q1 2024: Merger Enforcement Begins 2024 with a Bang

The U.S. agencies announced the conclusion of six significant merger investigations in Q1 2024, double the number seen last quarter. This marks the end of six quarters of three or fewer significant investigations. In line...more

DAMITT 2023 Annual Report: Minding the Gap in Merger Enforcement

Only 12 significant merger investigations concluded in 2023—a drop of 40 percent from just last year and by far the lowest in DAMITT history. This observed and verifiable drop sharply contrasts with recent reports that...more

DAMITT Q3 2023: Merger Control Is a Marathon, Not a Sprint

United States - All significant U.S. merger investigations concluded in either a complaint or an abandoned transaction. Four of the last five quarters have now concluded without any consent agreements, demonstrating the...more

DAMITT Q2 2023: When Avoiding Settlements, Does Merger Enforcement Settle for Less?

All significant U.S. merger investigations concluded in either a complaint or an abandoned transaction. Three of four quarters over the last year have now concluded without any consent agreements, demonstrating the agencies’...more

DAMITT Q3 2022: Merger Enforcement Remains Aggressive Despite U.S. Court Losses

Key Facts - United States - • Only three significant merger investigations concluded in Q3 2022. All three investigations ended with a complaint or an abandoned transaction. For the first time in more than a decade,...more

The entry into force of the Digital Markets Act kicks off new era of digital regulation in Europe

On 12 October the Digital Markets Act (DMA)1  was published in the Official Journal of the European Union. The DMA will enter into force on 1 November 2022 and will apply as of 2 May 2023. The DMA introduces European-wide ex...more

DAMITT Q3 2021: Where’s the Wave? No Uptick Yet in Significant Merger Enforcement Activity

Key Facts - United States - Dechert has yet to see an increase in concluded significant U.S. merger investigations despite a surge in merger filings that began in the fall of 2020. Instead, we continue to see a decrease in...more

DAMITT Q2 2021: Move Over Big Tech – Traditional Industries See More Merger Investigation Activity

Key facts - United States - Despite Big Tech headlines, the percentage of significant U.S. merger investigations involving technology companies was below the average for the last decade. By contrast, merger investigations in...more

European Commission Repurposes Powers to Capture Deals Not Meeting Filing Thresholds in the EU

Key takeaways - The European Commission (EC) recently issued guidance encouraging Member States to make use of the option, foreseen in the EU Merger Regulation (EUMR), to request the EC to review transactions that do not meet...more

DAMITT Q1 2021: Vertical Merger Challenges and New EU Referral Process Signal Transitions in U.S. and EU Investigations

DAMITT has observed an across-the-board increase in the average duration of significant EU Merger investigations: Phase I remedy cases resolved in Q1 2021 averaged 10.5 months; while Phase II investigations averaged 17.3...more

Antitrust Merger Reviews in the Time of COVID-19: How the Pandemic Is (and Is Not) Affecting Process and Timing

The global COVID-19 pandemic has changed how merger enforcement regimes around the world are currently reviewing proposed transactions. Two weeks into the new environment, we now have a body of experience from which to assess...more

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