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Competition Merger Controls Corporate Counsel

Dacheng

China’s First Court Ruling on Merger Control Upholds Conditional Clearance of Below-Threshold Deal

Dacheng on

In March 2025, the Beijing Intellectual Property Court issued a landmark ruling—the first case in which a filing party challenged a merger decision by the State Administration for Market Regulation (“SAMR”) through judicial...more

Amundsen Davis LLC

New Merger Review Process: How to Prepare for Your Next Filing

Amundsen Davis LLC on

The Hart-Scott-Rodino (HSR) Act is a federal law that requires parties to a future business sale transaction to disclose certain information to determine that the transaction does not violate antitrust laws and harm...more

Wilson Sonsini Goodrich & Rosati

FTC's Bid to Stop Mattress Merger Put to Rest

The Federal Trade Commission’s (FTC’s) failure to obtain a preliminary injunction to block Tempur Sealy’s $4 billion proposed acquisition of Mattress Firm is yet another loss in a string of failed vertical challenges by the...more

Axinn, Veltrop & Harkrider LLP

New Trump Administration Files First Merger Lawsuit Seeking to Block HPE/Juniper

In the first merger challenge of the second Trump Administration, on January 30, the U.S. Department of Justice (“DOJ”) Antitrust Division filed suit seeking to block Hewlett Packard Enterprise Company’s (“HPE’s”) proposed...more

Hogan Lovells

Call in the Merger Cavalry – How new intervention powers are transforming merger control

Hogan Lovells on

The ECJ’s Illumina/Grail judgment has curtailed the Commission’s direct oversight of certain transactions, thereby elevating the need for national "call-in" powers. These call-in regimes, which are proliferating both inside...more

Morgan Lewis

FTC Raises Hart-­Scott-­Rodino Thresholds and Filing Fees for 2025

Morgan Lewis on

The Federal Trade Commission (FTC) announced on January 10, 2025 that it will raise the Hart­-Scott­-Rodino Act (HSR Act) jurisdictional and filing fee thresholds. The increased thresholds will go into effect 30 days after...more

Vedder Price

FTC Secures Record Gun-Jumping Penalty in a Case with Several Lessons for Merging Parties

Vedder Price on

The Federal Trade Commission (FTC) secured a record consent penalty of $5.6 million against two merging parties on January 7, 2025 for improper pre-merger coordination, marking the agency’s first gun-jumping action in over a...more

Katten Muchin Rosenman LLP

Kroger/Albertsons Ruling Provides Lessons for Merger Remedy Divestitures

On December 10, a federal court in Oregon issued a preliminary injunction against Kroger's proposed $24.6 billion acquisition of Albertsons, which would have been the largest supermarket merger in US history (Albertsons...more

A&O Shearman

Global M&A Insights Q4 2024 - introduction

A&O Shearman on

In our biannual M&A trends report we explore the possible impact of the new U.S. administration on dealmaking, the dynamics of transatlantic M&A, private equity exits, and Mario Draghi’s proposals to reshape the European...more

Hogan Lovells

Five priorities of the new EU Commissioner in charge of competition

Hogan Lovells on

The new European Commission officially began its five-year term on December 1. The new Commissioner responsible for competition policy is Teresa Ribera, Spain's former Minister for Ecological Transition. A climate expert,...more

Skadden, Arps, Slate, Meagher & Flom LLP

New UK Competition Regime Comes Into Force 1 January 2025

The United Kingdom’s (UK’s) Digital Markets, Competition and Consumers Act 2024 (the Act) expands the Competition and Markets Authority’s (CMA’s) jurisdiction in merger control, regulates major tech platforms with “strategic...more

Morgan Lewis

UK Competition Law Reforms Begin 1 January, Including Merger Threshold Changes and New Digital Markets Regime

Morgan Lewis on

Significant reforms to UK competition law brought about by the Digital Markets, Competition and Consumers Act 2024 will come into force beginning 1 January 2025. Importantly for dealmakers, revised merger thresholds will...more

A&O Shearman

Australia to implement mandatory merger control regime by 2026

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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

Wilson Sonsini Goodrich & Rosati

European Antitrust Bimonthly Bulletin – September/October 2024

The "European Antitrust Bimonthly Bulletin" breaks down the major antitrust developments in Europe during the past two months into concise and actionable takeaways....more

Wilson Sonsini Goodrich & Rosati

Illumina/Grail: EU Court Overturns Below-Threshold Merger Review Policy

On September 3, 2024, the EU’s highest court, the European Court of Justice (ECJ), ruled that the European Commission (EC) had no jurisdiction to review Illumina’s acquisition of Grail, overturning the EU’s revised Article 22...more

Bennett Jones LLP

Revamped Competition Act Radically Alters Canadian Competition Law

Bennett Jones LLP on

In our previous Bennett Jones insight, we described several upcoming (and far-reaching) amendments to the Competition Act (the Act) introduced by the Government of Canada in 2023. The most recent set of amendments came into...more

Morgan Lewis

Landmark Reforms to UK Competition and Consumer Protection Landscape Become Law

Morgan Lewis on

The Digital Markets, Competition and Consumers Act 2024 received Royal Assent on May 24, 2024, ushering in the most significant reforms to the UK’s competition and consumer protection laws in a generation. The Act introduces...more

Wilson Sonsini Goodrich & Rosati

FTC Pioneers Novel Remedies in the Exxon/Pioneer Merger

On May 2, 2024, the Federal Trade Commission (FTC) announced a consent order in the matter of Exxon Mobil Corporation’s (Exxon) acquisition of Pioneer Natural Resources (Pioneer). The consent order is unusual in that the sole...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Court of Appeal Signals Greater Scrutiny of CMA Merger Decisions

For the first time in two decades, the UK Court of Appeal has ruled on the substantive standard of judicial review to be applied by the Competition Appeal Tribunal (CAT or Tribunal) in UK merger cases....more

Wilson Sonsini Goodrich & Rosati

Illumina/Grail: Court Opinion Could See an End to the EU Commission’s Expansive Merger Review Policy

On March 21, 2024, an adviser to the EU’s highest court, the Court of Justice of the European Union (CJEU), proposed setting aside the judgment of the lower court in Illumina v Commission. The General Court (GC) had...more

Brownstein Hyatt Farber Schreck

Labor Markets and ‘No-Poach’ Agreements: FTC, Colorado AG Take Aim at Kroger-Albertsons Merger

The Federal Trade Commission (“FTC”) and the Colorado attorney general have filed separate lawsuits challenging the proposed acquisition by The Kroger Company (“Kroger”) of Albertsons Companies, Inc. (“Albertsons”). Two...more

Fenwick & West LLP

4 Antitrust Enforcement Trends for 2024

Fenwick & West LLP on

In the coming year, Federal Trade Commission (“FTC”) Chair Lina Khan and Department of Justice (“DOJ”) Assistant Attorney General of the Antitrust Division Jonathan Kanter are expected to continue to advance a more aggressive...more

A&O Shearman

Australian merger control reform proposals set to affect deal‑making

A&O Shearman on

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

A&O Shearman

ECJ’s “gun jumping” ruling reminds merging parties of the importance of EU merger control compliance

A&O Shearman on

The European Court of Justice (ECJ) has (mostly) confirmed the European Commission (EC)’s decision to fine Altice for implementing a transaction prior to its notification and the EC’s merger control clearance....more

Jones Day

ECJ Antitrust Ruling Not Likely to Jump-Start EC Deal Challenges in "Gap Cases"

Jones Day on

In Short - The Development: The Court of Justice of the European Union ("ECJ") annulled a General Court ("GC") ruling that had adopted a high standard of proof for the European Commission ("EC") to block transactions in...more

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