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European Union › Merger Agreements

The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of... more +
The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -
Jones Day

EU Court Holds Back Expansion of Antitrust Reviews to Non-Reportable Transactions

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The Situation: To address a perceived enforcement gap, the European Commission ("EC") has issued guidelines expanding the types of non-reportable transactions subject to its "upward referral mechanism," which permits EU...more

Jones Day

The EC Issues Guidance on Assessing Market Distortions Under the Foreign Subsidies Regulation

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The Situation: The European Commission ("EC") has released its first guidance on assessing market distortions under the Foreign Subsidies Regulation ("FSR")....more

Mayer Brown

Reform of the EU Foreign Direct Investment Screening Regulation – How might M&A Transactions be impacted?

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On 24 January 2024, the European Commission (“Commission”) unveiled its proposals to reform the current EU Foreign Direct Investment Screening Regulation 2019/452 (“FDI Screening Regulation”). This forms part of a wider...more

Cadwalader, Wickersham & Taft LLP

European Commission’s Revised Guidance on Market Definition Will Make It Easier to Allege Mergers Will “Significantly Impede...

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The European Commission’s (“Commission”) substantially revised Market Definition Notice (“Revised Notice”) will make it significantly easier for it to allege that mergers and other transactions (“mergers”) are likely to...more

McDermott Will & Emery

Antitrust M&A Snapshot - Q3 2023

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UNITED STATES - Proposed Merger Guidelines Outline Fundamental Change of Approach to Merger Investigation and Enforcement - On July 19, 2023, the Federal Trade Commission (FTC) and the US Department of Justice (DOJ)...more

A&O Shearman

ECJ confirms no higher standard for blocking mergers short of dominance

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On 13 July 2023, the European Court of Justice (ECJ) gave judgment on the long-running litigation between CK Hutchison and the European Commission (EC), arising out of the EC’s 2016 decision to prohibit CK Hutchison (owner of...more

A&O Shearman

EU Foreign Subsidies Regulation takes effect with procedural rules clarified

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Most of the provisions of the EU Foreign Subsidies Regulation (FSR) take effect on 12 July 2023. The European Commission (EC) has also now adopted its long-awaited Implementing Regulation (IR), which contains the notification...more

World Law Group

[Webinar] Trends in M&A Across the Regions Going Into 2023 - February 2nd, 7:00 am - 8:00 am EST

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Join WLG's International Corporate Transactions Group on February 2 for Trends in M&A Across the Regions Going Into 2023. Marsh, the largest W&I insurance broker, will share and discuss the trends they see in M&A for each...more

Skadden, Arps, Slate, Meagher & Flom LLP

US and EU Regulators Increase Scrutiny of Vertical Mergers

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US Regulators Pursue an Expansive View of Antitrust Laws - For almost two years, industry participants have felt the effects of the Biden administration’s “big is bad” approach to antitrust — not only in technology sectors,...more

Wilson Sonsini Goodrich & Rosati

D(MA)-Day: Formal Adoption of the EU Digital Markets Act

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On July 18, 2022, the long-awaited Digital Markets Act (DMA) received the final approval of the EU's co-legislators. The DMA will impose stringent far-reaching obligations on the largest digital platforms: the "gatekeepers."...more

A&O Shearman

General Court Decision in Illumina / Grail Vindicates Commission’s Article 22 Referral Policy

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Quick Read - - The EU’s jurisdiction to review mergers is no longer linked to notification. This is a big change and sharply reduces parties’ ability to predict antitrust hurdles to closing based on notification thresholds. ...more

Dechert LLP

DAMITT Q1 2022: Significant Merger Investigations Face Steeper Hurdles to Settlement

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In the U.S., “significant” merger investigations include Hart-Scott-Rodino (HSR) Act reportable transactions for which the result of the investigation by the Federal Trade Commission (FTC) or the Antitrust Division of the...more

Jones Day

2021 Transactional Year in Review and 2022 Forecast: Trends in European Public M&A

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Europe saw a major increase in public M&A activity in 2021, fueled by cheap money and optimism as economies started to emerge from the worst effects of the pandemic. In particular, PE purchasers with dry powder to deploy and...more

Robins Kaplan LLP

Financial Daily Dose 5.21.2021 | Top Story: Markets Rebound and Bring Oatly With Them in Public Debut

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Sweden-based and celeb-backed oat milk company Oatly hit it big on its first day of public trading, with shares soaring 30% “as investors jumped at the chance to take part in rapid changes in the food industry driven by...more

WilmerHale

From Niche to Standard? M&A Transactions Under Scrutiny by the German Foreign Direct Investment Regime

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The German federal government recently passed the 17th amendment to the Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung—AWV), which considerably expands the scope of foreign direct investment (FDI) screening...more

Hogan Lovells

Public Takeovers in Germany

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Welcome to the fourth edition of our “Public Takeovers in Germany” newsletter. It provides an overview of public takeovers carried out in Germany in 2020 under the German Securities Acquisition and Takeover Act (WpÜG) and of...more

Morgan Lewis

Corporate Parents, Beware in France: One Can Be Liable for Another’s Doing

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France’s highest Court (Cour de Cassation) recently ruled that an acquiring entity, in this case Iron Mountain, could be found liable for violations committed by the target, here Recall France, before the transaction. ...more

Foster Garvey PC

OTA & Travel Distribution Update: Expedia abandons rate parity in Australia; Sabre and Farelogix terminate merger agreement;...

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This week’s Update features a number of updates on previous stories, including our recent story on Expedia’s apparent abandonment of indirect and direct channel rate parity provisions in Australia. Enjoy....more

Hogan Lovells

Acquisition of businesses in financial difficulty as a result of COVID-19: Do buyers still need to wait for prior...

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In the wake of the COVID-19 crisis, many companies will be facing significant financial difficulties for which the only viable solution to remain a going concern will be acquisition by another company. It is safe to predict...more

Morgan Lewis

Competition Authority Merger Filing Status During COVID-19

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As governments around the world work to stem the coronavirus (COVID-19) pandemic, merger control authorities in jurisdictions around the globe are adapting their operations and procedures. ...more

Dechert LLP

DAMITT Q1 2019: New Insights on Reverse Break Fees in U.S. and Pull-and-Refiles in EU; Government Shutdown Impacts Q1 Results in...

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Fast Facts - United States - The number of significant U.S. antitrust merger investigations declined almost 40% during the 12 months ending in Q1 2019 compared to the prior rolling 12 months (RTM). - The average...more

Skadden, Arps, Slate, Meagher & Flom LLP

Planning for Merger Reviews and Antitrust Inquiries in Case of a 'No-Deal' Brexit

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As the U.K.’s March 29, 2019, exit date from the European Union approaches, companies involved in merger reviews or antitrust investigations should pre-emptively address the risk of a “no-deal” Brexit....more

BCLP

European Court of Justice Clarifies Scope of Gun Jumping Prohibition

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Over the last year, we have noted an increased crackdown by competition agencies on so-called “gun jumping” – that is, the implementation of a merger before mandatory merger clearances are received. On 31 May 2018, the...more

A&O Shearman

An Update on Brexit and (Current) Implications on Trade

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It has been a year since Article 50 was triggered on March 29, 2017, and if no extension is given, the U.K. will leave the European Union (EU) on March 29, 2019. This means that negotiations are now at the half-way point, but...more

A&O Shearman

The Italian Competition Authority Updates the Merger Notification Thresholds

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By a decision adopted on 7 March 2018 and published in its Bulletin of 12 March 2018, the Italian Competition Authority has updated the thresholds for merger notification, adjusting them to the inflation rate. The new...more

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