News & Analysis as of

EU Merger Directive European Union

White & Case LLP

EU top court delivers a blow to the European Commission’s approach on Article 22 below-threshold referrals

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The Court of Justice of the EU (the Court) has overturned the General Court’s judgment in Illumina/Grail, effectively putting an end to the EC’s revised Article 22 policy approach for below-threshold mergers. Under this...more

WilmerHale

The Interplay: Key Decisions at the Intersection of Antitrust & Life Sciences - November 2023

WilmerHale on

European Commission Orders Unprecedented Unwinding Of Illumina’s Acquisition of GRAIL. For the first time, the European Commission has ordered reversal of a consummated transaction, Illumina Inc.’s 2021 acquisition of GRAIL...more

Jones Day

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

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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

McDermott Will & Emery

General Court Upholds European Commission’s Power to Review Illumina-Grail

McDermott Will & Emery on

In Illumina v Commission, the General Court has confirmed the authority of the European Commission (EC) under Article 22 EU Merger Regulation (EUMR) to examine a transaction that does not have a European dimension, but which...more

K&L Gates LLP

Brussels Regulatory Brief: January 2022

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ANTITRUST AND COMPETITION - European Commission Blocks a Global Transaction Involving Two Leading South Korean Shipbuilders - On 12 November 2019, a South Korean leading shipbuilder (the Notifying Party) notified to the...more

Latham & Watkins LLP

Executive Vice-President Vestager Champions Green Deal in Policy Announcement

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The European Commission continues to explore how competition policy can support the bloc’s increased focus on sustainability and progression towards climate neutrality by 2050. On 10 September 2021, Inge Bernaerts,...more

McDermott Will & Emery

Movement Towards a New European Foreign Investment Control Tool to Protect European Strategic Assets?

McDermott Will & Emery on

After reinforcing its control over foreign direct investments over the past year, the European Commission adopted on 5 May 2021 a draft regulation that aims to close a regulatory loophole by addressing distortions of...more

Dechert LLP

DAMITT Q3 2020: Trump/Biden U.S. Election Antitrust Preview; End of Brexit Transition Period in Sight

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The Dechert Antitrust Merger Investigation Timing Tracker (DAMITT) is a quarterly release from Dechert LLP reporting on trends in significant merger control investigations in the United States (U.S.) and European Union (EU). ...more

McDermott Will & Emery

Antitrust M&A Snapshot - October 2020

McDermott Will & Emery on

JULY - SEPTEMBER 2020 UPDATE - UNITED STATES- Mergers and acquisitions in the United States appear to be bouncing back after a muted start to the year due to COVID-19. Hart-Scott-Rodino (HSR) filings in Q3 2020 were up...more

A&O Shearman

Shearman & Sterling Responds to the EC Market Definition Notice Consultation

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In her first speech upon being reappointed as Competition Commissioner, Commissioner Vestager announced that a review would be undertaken of the Commission’s Market Definition Notice (the “Notice”); the consultation on that...more

Dechert LLP

DAMITT Q2 2020: COVID-19 Doesn’t Deter Antitrust Merger Review on Either Side of the Atlantic

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....The Dechert Antitrust Merger Investigation Timing Tracker (DAMITT) is a quarterly release from Dechert LLP reporting on trends in significant merger control investigations in the United States (U.S.) and European Union...more

K&L Gates LLP

EU Competition Law Considerations in M&A Transactions in Light of Recent Enforcement Trends: When Procedural Breaches Present...

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The five-year plan for the 2019-2024 European Commission (EC) is now underway. In a time of change, a deliberate consideration of the rules enshrined in the EU Merger Regulation (EUMR) seems to be the focus of much attention....more

Dechert LLP

Impact of Brexit on Merger Control

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The UK may leave the EU on 29 March 2019 without a transition period or agreed arrangements on the terms of its exit. For deals that have been notified to the European Commission but are still pending approval on 29 March,...more

Dechert LLP

DAMITT 2018 Review: No Trump Effect Yet, But Some EU Durations Decrease; Brexit Looms with Potentially Significant Implications

Dechert LLP on

Fast Facts - In the U.S., the number of significant antitrust merger investigations in 2018 reached a near-record low over DAMITT’s eight years of data, while their average duration remained near the record high. - In...more

Dechert LLP

DAMITT Q3 2018: U.S. Antitrust Agencies Announce Merger Review Reforms in Response to DAMITT Findings Number and Duration of...

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Citing findings from the Dechert Antitrust Merger Investigation Timing Tracker (DAMITT) that have demonstrated a marked increase in the duration of significant merger investigations in recent years, DOJ Assistant Attorney...more

Dechert LLP

Mergers and Takeovers: UK Strengthens National Security Scrutiny

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The UK government has widened the circumstances in which it may block mergers and takeovers of businesses in the military, dual-use, computing hardware and quantum technology sectors. Further strengthening of the UK rules is...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

Jones Day

Institutional Investor Shareholdings Come Under European Commission Scrutiny

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The Situation: A recent study examining common corporate shareholdings in the United States argues that the holding of even minority stakes in rival companies by institutional investors affects competition. The European...more

Morrison & Foerster LLP

Brexit: Tax Implications

The majority has spoken: on Friday 24 June, it was announced that the UK had voted to leave the European Union (the “EU”). The full implications of this decision are largely unknown, given that the UK is navigating...more

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