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European Commission invites business to input on a "comprehensive and ambitious" review of its Merger Guidelines

The European Commission has launched a public consultation of its Horizontal and Non-Horizontal Merger Guidelines. Framed as a "comprehensive and ambitious" review, the Commission is exploring how to incorporate wider policy...more

The CMA’s “revised” approach to UK merger control and impact on M&A

The UK’s Competition & Markets Authority (CMA) is taking significant steps to evolve its approach to merger control, introducing a new Mergers Charter and launching a review of its merger remedies framework. These initiatives...more

Global merger control trends and outlook 2024/2025

Our latest edition explores the top merger control trends across the EU, US, UK, Middle East and Australia, and the outlook for 2025. EU and US merger control enforcement: quo vadis? In the EU, Executive Vice...more

UK expands its merger control regime and the CMA’s powers with the Digital Markets, Competition & Consumers Act

After years of planning and debate, the UK's Digital Markets, Competition, and Consumers Act will come into force on 1 January 2025. This landmark legislation provides expanded powers to the CMA in respect of merger control,...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

All change? The new Digital Markets, Competition and Consumers Bill

The long-awaited Digital Markets, Competition and Consumers Bill has been published. Touted as a Bill to "stamp out unfair practices and promote competition in digital markets", the DMCC seeks to enhance consumer protection...more

Global merger control: Navigating stormy seas

There have been a number of developments in merger control in 2020 and Q1 2021. Some are related to the repercussions of the COVID-19 pandemic, while others are borne out of the ambitions and changes sought by individual...more

Scope of new UK National Security and Investment Bill clarified

In November 2020, the UK published a draft of its new National Security and Investment Bill ("NSIB"), heralding the introduction of a new regime for reviewing investments on national security grounds. The Bill introduced a...more

UK outlines its plans for wide-ranging new investment review powers

The UK has published a draft of its new National Security and Investment Bill, together with explanatory notes, heralding the introduction of a new regime for reviewing investments in the UK. The new regime would introduce,...more

UK outlines its plans for wide-ranging new foreign investment review powers

The UK has outlined the details of its new National Security and Investment Bill, heralding the introduction of a new regime for foreign direct investments in the UK. The new regime would introduce, for the first time, a...more

UK ushers in new foreign takeover restrictions for Coronavirus-critical businesses and national security activities

The UK government has tabled changes to the Enterprise Act 2002 to expand the circumstances in which the government will be empowered to review foreign takeovers of UK companies. The new rules will allow the government to...more

EU flexes its muscles on foreign-subsidised acquisitions and market distortions

On 17 June 2020, the European Commission published a White Paper seeking views on three powerful new tools to control the acquisitions and activities of foreign subsidised companies in the EU:1 (i) a general ex post control...more

A wake up call from Luxembourg?

Four years after the European Commission (“EC”) thwarted Hutchison’s attempt to consolidate the UK mobile telecoms market through its planned acquisition of O2, the General Court yesterday dealt a crushing blow to the...more

The CMA publishes new guidance on merger control in a time of COVID-19: business as usual?

The CMA has published new guidance on its approach to merger assessments during the Coronavirus pandemic, confirming that it does not intend to change either merger control assessments or deadlines, despite the outbreak....more

Global Merger Clearance: The First Week of the New Normal

Antitrust agencies around the world are adjusting to the policies and procedures they quickly implemented in response to the outbreak of the coronavirus disease (“COVID-19”), as detailed in White & Case’s March 16th alert. In...more

Changing Roles: the CMA during the Transition Period and beyond

As the UK departs the European Union, the CMA – the UK competition regulator – is facing a transformation in its mandate. White & Case considers how the CMA will approach its workload during and after the Transition Period...more

Tech M&A: Regulation moving up the menu?

CMA investigation into Amazon/Deliveroo and Paypal/iZettle deals highlights the regulator's increased interest in technology transactions....more

The CMA issues guidance on requests for internal documents in merger investigations

Competition authorities around the world typically place considerable weight on parties' internal documents when assessing the potential effects of a merger. Such documents, many of which can pre-date the companies' decision...more

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