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European Commission European Merger Control Regulation Competition Authorities

Latham & Watkins LLP

European Court of Justice Curtails European Commission’s Expansion of Its Merger Control Powers

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The judgment rejects the European Commission’s expansive re-interpretation of the European Union Merger Regulation, stressing the need for legal certainty in line with the EU legislature’s intent....more

Goodwin

In a Landmark Judgment, Top European Court Curbs European Commission’s Ability to Review “Killer Acquisitions”

Goodwin on

On 3 September 2024, the European Court of Justice (ECJ) ruled that the European Commission (Commission) cannot encourage or accept referrals for below-threshold deals from national competition authorities if those...more

WilmerHale

Two Negatives Don’t Make a Positive: European Court Rules that European Commission Cannot Review Mergers That Are Not Reportable...

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In a landmark decision, the European Court of Justice (ECJ) has limited the European Commission’s (EC) ability to review mergers that fall outside thresholds at the EC level and in the Member States seeking to refer the...more

Jones Day

The Reshaping of Competition Rules and Procedures in Italy

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The Situation: Over the last year, the Italian Competition Bill (Law 287/1990) has undergone a significant number of amendments aimed at strengthening the enforcement powers of the Italian Competition Authority ("ICA"). At...more

BCLP

EU/UK Merger Control - Five Trends to Watch in 2022

BCLP on

2022 is shaping up to be another year of significant merger control and foreign direct investment (“FDI”) developments. The use of Article 22 of the EU Merger Regulation (“EUMR”) might jeopardise the European Commission’s...more

Wilson Sonsini Goodrich & Rosati

European Commission Publishes Guidance Paper on Member State Referrals for Merger Review Even Where National or EU Thresholds Are...

The European Commission (EC) has published new guidance on the application of Article 22 of the European Merger Regulation (EUMR) which will allow for the EC and Member States to refer transactions that do not meet existing...more

K&L Gates LLP

Is the European Commission Now Entitled to Review Non-Notifiable Transactions - Even After Closing?

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Overview - On 26 March 2021, the European Commission (Commission) published new guidance on the application of the EU upward case referral system (Guidance), pursuant to which EU Member States can ask the Commission to review...more

Latham & Watkins LLP

New Guidance on Article 22 EUMR Referrals to the European Commission

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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

BCLP

BCLP Paris – Competition and Distribution Newsletter – December 2020

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This Newsletter of the Competition and Distribution team of BCLP's Paris office features some of the key developments of the last quarter. In this newsletter: ..To enable national authorities to better apprehend killer...more

Dechert LLP

EU Seeks New Powers to Address Effects of Foreign Subsidies

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Key Takeaways - The European Commission has adopted a White Paper with proposals for sweeping enforcement powers to address potential distortive effects of foreign subsidies in the EU. The White Paper suggests that the...more

BCLP

European Commission warns companies of increasing penalties for procedural infringements of EU Merger Regulation as it imposes €52...

BCLP on

On 8th April 2019 the European Commission(“the Commission”) fined General Electric (“GE”) €52 million for providing incorrect information during the Commission’s investigation of GE’s planned acquisition of LM Wind which was...more

McDermott Will & Emery

Bigger Is Better . . . Or Maybe Not: The Siemens/Alstom Railway Merger

The European Commission recently reaffirmed that industrial policy objectives have no role to play when it comes to applying the EU merger control rules. Despite unusually intense industrial and political pressure to get the...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

Sheppard Mullin Richter & Hampton LLP

2018 EU Trade, Regulatory and Competition Trends

Our “trends for 2018” are only a selection of interesting developments to watch for in 2018. Within the political and legislative cycle of the European Union, 2018 promises to be an eventful year, given that it is the last...more

Latham & Watkins LLP

European Commission Asserts Broad Power to Scrutinize Transactions Involving Chinese State-Owned Enterprises

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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

Cooley LLP

Alert: Scope of EU Merger Control Reforms in Doubt

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Recent comments by the European Commissioner for Competition, Margrethe Vestager, indicate that European Commission staff still have some persuading to do over their proposal to extend the scope of European merger control to...more

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