The European Commission (EC) has revamped the 1997 Commission Notice on the definition of the relevant market for the purposes of Community competition law (the 1997 Notice), and published a new Notice (Notice) on 8 February...more
The European Commission (EC) has revamped the 1997 Commission Notice on the definition of the relevant market for the purposes of Community competition law (the 1997 Notice), and conducted a public consultation to gather...more
The Digital Services Act (DSA) is a key part of the European Union’s (EU) digital regulation strategy, which seeks to modernise legal frameworks and create a safer and more open digital environment.
The DSA entered into...more
According to a new judgment LPP protects private communication between clients and lawyers, limiting requests for information in competition proceedings.
Key Points:
..Clients can now argue that their communications with...more
Under the draft law, the FCO could impose behavioural and structural remedies following a sector inquiry without finding an infringement of German or EU competition law.
The German Federal Ministry for Economic Affairs...more
The European Commission (EC) has published new guidance on the application of the referral mechanism set out in Article 22 of the EU merger regulation (EUMR) allowing for mergers falling below national merger thresholds to be...more
4/1/2021
/ Acquisitions ,
Administrative Procedure ,
Competition Authorities ,
Enforcement Authority ,
EU ,
European Commission ,
European Merger Control Regulation ,
Member State ,
Merger Controls ,
Mergers ,
New Guidance ,
Pharmaceutical Industry ,
Technology Sector
The Digitalization Act, which entered into force on January 19, 2021, substantially extends the scope of German antitrust law to tackle presumed enforcement challenges in the digital economy and raises merger control...more
1/21/2021
/ Antitrust Provisions ,
Blacklist ,
Competition Act ,
Digital Assets ,
Digital Markets Strategy ,
Federal Cartel Office (the FCO) ,
Germany ,
Illegal Tipping ,
Judicial Review ,
Merger Controls ,
Mergers ,
New Regulations
Whereas COVID-19 is likely to delay review timelines of many M&A deals, it may also make some approvals easier.
Key Points:
..COVID-19 will undoubtedly impact review timelines of mergers. Competition authorities may ask...more
What does the UK’s exit from the EU on 31 January mean for parties’ deal planning?
Key Points:
..On 23 January 2020, the UK passed legislation to leave the EU on 31 January 2020 under the terms of the Withdrawal Agreement...more
1/29/2020
/ EU ,
European Commission ,
Filing Requirements ,
Jurisdiction ,
Merger Controls ,
Mergers ,
Transitional Arrangements ,
UK ,
UK Brexit ,
UK Competition and Markets Authority (CMA) ,
Withdrawal Agreement
The Antitrust Division’s new policy gives credit for pre-existing compliance programs, but only those that meet certain high standards.
On July 11, 2019, Assistant Attorney General Makan Delrahim announced that the US...more
In the last five years, the European Commission (EC) has required divestitures in more than 70 antitrust cases, requiring merging parties to divest business assets as a condition to receiving regulatory approval. This...more
Final joint guidance on new transaction value threshold published.
The German Federal Cartel Office (FCO) and the Austrian Federal Competition Authority (FCA) have released a joint guidance paper (Guidance Paper)...more
First successful appeal against an EU settlement decision in a cartel case may have broader implications for the settlement process.
On 13 December 2016, the General Court of the Court of Justice of the European Union...more
Proposed legislative amendment to include changes to merger control thresholds, dominance test, parental liability, and to implement EU private damage directive.
This Client Alert focuses on amendments to merger control,...more
EC decision considering the control over SOEs may have far-reaching implications for future transactions of all Chinese SOEs in Europe.
In its recent decision in Case COMP/M.7850 - EDF / CGN / NNB Group of Companies, the...more
Decision allows Commission to consider sales of products incorporating cartelized goods when calculating cartel fines for a vertically integrated group selling the “transformed product” in Europe.
On 9 July 2015, the...more
Commission’s dawn raids of Deutsche Bahn’s premises were illegal because improperly discovered documents triggered the action.
Summary -
On 18 June 2015, the Court of Justice of the EU (ECJ) partly allowed...more
General Court confirms Commission could impose higher fine during standard procedure than range proposed during settlement discussions.
Summary -
On 20 May 2015 the General Court (GC) dismissed the Roullier...more
EU High Court reduces cartel fine by 30 percent on appeal and stresses need for timely resolution of cases by the General Court.
Summary -
On 12 November 2014, the Court of Justice of the European Union (ECJ)...more
The ruling caps fines on companies with historic cartel exposure that are acquired by large companies and increases predictability of future antitrust exposure stemming from pre-acquisition conduct.
On 4 September...more