News & Analysis as of

European Commission Antitrust Division

A&O Shearman

EU Foreign Subsidy Regulation: General Court refuses to suspend EC request for mailboxes located in China

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In the context of a dawn raid under the EU Foreign Subsidy Regulation (FSR), the EU General Court (GC) has refused to suspend the European Commission (EC)’s request to access employees’ mailboxes located in China....more

Goodwin

Reliance on Third-Party “Pricing” Facilitators Under Increasing Antitrust Scrutiny

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In the past year, healthcare systems and providers across the country have filed a series of antitrust lawsuits against MultiPlan Inc. and major US health insurers, alleging a hub-and-spoke conspiracy to fix and reduce...more

Skadden, Arps, Slate, Meagher & Flom LLP

European Commission Blocked From Reviewing Below-Threshold Mergers

On September 3, 2024, the European Union’s Court of Justice (ECJ) issued its highly anticipated judgment in the Illumina/Grail case (C-611/22 P and C-625/22 P) concerning the European Commission’s (EC’s) power to review...more

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

Skadden, Arps, Slate, Meagher & Flom LLP

European Commission Turns Focus to Competition in Labour Markets, Targeting Wage-Fixing and No-Poach Agreements

As a new policy statement from the European Commission (EC) treats wage-fixing and no-poach agreements as inherently anticompetitive (restriction of competition “by object”) with few possible defences, companies should...more

A&O Shearman

Key antitrust findings - May 2024

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This newsletter is a summary of the antitrust developments we think are most interesting to your business. David Higbee (Global Head of Antitrust) and Dominic Long (Global Deputy Head of Antitrust) are our editors this month....more

White & Case LLP

Labour related agreements in the European Commission’s antitrust spotlight: New Policy Brief on Antitrust in Labour Markets

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Until now, the European Commission's (EC) antitrust focus on labour-related issues has been timid. This may soon change. The EC has recently published a policy brief on labour markets, explaining that in its view, wage-fixing...more

Skadden, Arps, Slate, Meagher & Flom LLP

EU and UK Consider First Stand-Alone Disparagement Cases

The development of case law on disparagement has, to date, been driven mainly by the French competition authority, or has been addressed under consumer protection or other national laws. The European Commission’s (EC’s) and...more

Foley & Lardner LLP

Foley Automotive Update - April 2024 - 2

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This update helps automotive suppliers inform their legal and operational decisions to help address challenges and opportunities. Key Developments - Recent pricing disputes with suppliers have resulted in production...more

Morrison & Foerster LLP

Full Steam Ahead for Cartel Enforcement in 2024

As anticipated, cartel enforcement is ramping up at the start of 2024 and investigations relating to artificial intelligence (AI) are taking center stage. Leadership of both the broader Department of Justice (DOJ) and the...more

A&O Shearman

New twist in the Illumina/GRAIL saga: Advocate General challenges European Commission’s power to review below-threshold mergers

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In a much-anticipated opinion, Advocate General Nicholas Emiliou (AG) has advised the European Court of Justice (ECJ) to set aside the General Court (GC)’s Illumina/GRAIL judgment. The AG is of the view that the European...more

A&O Shearman

Antitrust in focus March 2024

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This newsletter is a summary of the antitrust developments we think are most interesting to your business. Thomas Masterman, partner based in London, is our editor this month. He has selected: Out now: our latest global...more

Dechert LLP

DAMITT 2023 Year in Review: Merger Control Trends in Germany and France

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Since 2020, our antitrust/competition practice has expanded the Dechert Antitrust Merger Investigation Timing Tracker (DAMITT) to include Germany and France. This supplements DAMITT’s U.S. and EU coverage with comprehensive...more

Axinn, Veltrop & Harkrider LLP

European Commission Merger Policy Speech Reflects Alignment with US Agency Policy, Pre-2021

Today's speech by Guillaume Loriot -- the EC's Deputy Director General for Mergers -- is worth a read. Without agreeing necessarily with all of the enforcement decisions described therein, it is striking how much the speech...more

A&O Shearman

Antitrust in focus - February 2024

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This newsletter is a summary of the antitrust developments we think are most interesting to your business. Dirk Arts, co-head of the global antitrust group and partner based in Brussels, is our editor this month. He has...more

Skadden, Arps, Slate, Meagher & Flom LLP

The European Commission’s Revised Market Definition Notice: A New Approach to Digital Markets

On February 8, 2024, the European Commission (EC) adopted a revised Market Definition Notice (revised Notice). The revised Notice confirms the EC’s and EU courts’ existing approach to understanding dynamic and innovative...more

McDermott Will & Emery

Antitrust M&A Snapshot - Q4 2023

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IN THIS FEBRUARY 2024 ISSUE - UNITED STATES - New Merger Guidelines Released - The US Federal Trade Commission (FTC) and US Department of Justice Antitrust Division (DOJ) issued their updated Merger Guidelines on...more

White & Case LLP

Global merger control trends

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Global merger control enforcement has become more interventionist across Europe, the US, Middle East and Australia, with antitrust regulators increasingly inclined to scrutinize and challenge mergers. Against the backdrop of...more

A&O Shearman

Antitrust in focus - January 2024

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This newsletter is a summary of the antitrust developments we think are most interesting to your business. Noah Brumfield, partner based in Washington, D.C. and Silicon Valley, is our editor this month. He has selected: ...more

A&O Shearman

Antitrust in focus - October 2023

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The Foreign Subsidies Regulation (FSR) establishes a new regime, enforced by the European Commission (EC), to regulate subsidies granted by non-EU countries to businesses active in the EU that could distort competition in EU...more

Morrison & Foerster LLP

Notification Obligations Under the EU Foreign Subsidies Regulation Enter into Force Today

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The obligation under the EU Foreign Subsidies Regulation (FSR)[1] to report M&A transactions involving parties which have benefited from foreign financial contributions enters into force today. This creates an additional...more

Goodwin

Antitrust & Competition Technology Quarterly Update - Q2 2023

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Antitrust enforcers remained active across the globe, with the announcement by the FTC and DOJ of proposed guidelines that have an emphasis on tech mergers in the United States, and several investigations of major tech deals...more

A&O Shearman

Antitrust in focus - July 2023

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European Commission’s record gun-jumping fine on Illumina serves as warning to merging parties - The European Commission (EC) has imposed a fine of around EUR432 million on genomics company Illumina for closing its...more

Wilson Sonsini Goodrich & Rosati

European Antitrust Bimonthly Bulletin - May/June 2023

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

White & Case LLP

ECJ Advocate General supports the European Commission’s broad interpretation of gun-jumping and the importance of deterrence in...

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Advocate General Anthony Michael Collins has proposed that the European Court of Justice uphold the General Court's Altice judgment. In his Opinion, he considered that the entering into certain types of pre-closing covenants...more

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