Australia will soon shift to a mandatory and suspensory merger control regime, with the transition commencing mid-2025. We provide below our key takeaways and observations on the bill which now has the support of both major...more
Enforcement strengthens with more complexity -
Globally, antitrust enforcement in 2024 is on track to repeat the themes of 2023. Expect continued use by the agencies of novel theories of antitrust harm and increasing...more
3/1/2024
/ Acquisitions ,
Antitrust Provisions ,
China ,
Competition Authorities ,
DCMA ,
Global Dealmaking ,
Merger Controls ,
Mergers ,
Technology Sector ,
Threshold Requirements ,
UK Competition and Markets Authority (CMA)
The EU Foreign Subsidies Regulation (FSR) took effect in July 2023. It aims to regulate subsidies granted by non-EU countries to ensure that they do not distort competition in the EU internal market. For dealmakers, it is...more
2/29/2024
/ Acquisitions ,
Antitrust Division ,
EU ,
Filing Requirements ,
Foreign Subsidiaries ,
Foreign Subsidies ,
Hart-Scott-Rodino Act ,
International Trade ,
Investment ,
Investors ,
Mergers ,
Regulatory Agenda ,
Regulatory Requirements
Antitrust authorities continue to use powers to review deals that fall below merger control filing thresholds. For merging parties this means uncertainty. It is crucial that the possibility of review – including a...more
2/28/2024
/ Acquisitions ,
Anti-Competitive ,
Competition Authorities ,
EU ,
European Commission ,
European Court of Justice (ECJ) ,
Foreign Subsidiaries ,
Investment ,
Member State ,
Mergers ,
Private Equity Funds ,
Threshold Requirements
The Australian Treasury has released a paper to begin consultation on potential merger control reform. If implemented, the proposed reforms would transform Australia’s voluntary, non-suspensory merger control system – with...more
For a number of years the Australian Competition and Consumer Commission (ACCC) has advocated for amendments to the country’s merger control rules. The current regime is voluntary, and the ACCC cannot itself prohibit a...more
This newsletter is a summary of the antitrust developments we think are most interesting to your business. Lisa Emanuel, counsel based in Sydney, is our editor this month (learn more about Lisa in our Q&A feature at the end...more