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European Commission European Merger Control Regulation Mergers

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...

WilmerHale on

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

White & Case LLP

Will the European Commission lose its ability to review below-threshold deals?

White & Case LLP on

In yet another twist in the Illumina/Grail saga, Advocate General Emiliou has challenged the European Commission's approach to calling-in certain non-reportable transactions for review. The final judgment will be delivered by...more

WilmerHale

The EU Updates the Way It Defines Markets

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On February 8, 2024, the European Commission (Commission) adopted its revised Market Definition Notice (Notice), replacing a version that was nearly 30 years old. The Notice is not binding, but it provides guidance on how the...more

McDermott Will & Emery

International Legal Highlights | Winter 2023

McDermott Will & Emery on

THE EUROPEAN COMMISSION PUBLISHES FINAL IMPLEMENTING REGULATION ON PROCEEDINGS PURSUANT TO THE FOREIGN SUBSIDIES REGULATION - On July 10, 2023, the European Commission (the “Commission”) published its final regulation for...more

White & Case LLP

Is Planet Merger Control becoming uninhabitable? - Observations on the increasingly shaky statics of international merger control

White & Case LLP on

Merger and acquisition (M&A) transactions are facing ever longer regulatory reviews and an increasingly uncertain outcome. Less than a decade ago, it seemed we were on a clear path to substantial international convergence,...more

WilmerHale

Unprecedented European Commission Order to Unwind an Acquisition

WilmerHale on

On October 12, 2023, the European Commission (EC) ordered Illumina to unwind its already completed acquisition of the cancer-test provider GRAIL Inc. This is the first time that the EC has ordered a reversal of an...more

Skadden, Arps, Slate, Meagher & Flom LLP

Mandatory Notification Obligations Under the EU’s Foreign Subsidies Regulation Kick In: Are You Ready?

Starting today, October 12, 2023, the mandatory notification requirements under the EU’s Foreign Subsidies Regulation (FSR) apply. M&A deals involving businesses that (i) have been granted certain levels of financial support...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Informed Board Podcast | Will the EU’s Focus on Foreign Subsidies Make It More Difficult To Acquire European Businesses?

Newly effective EU rules impose another layer of review for acquisitions in Europe. They empower the European Commission to investigate whether either the acquirer or target has received non-EU government subsidies that...more

WilmerHale

EU Foreign Subsidies Regime: Publication of Final Implementing Regulation

WilmerHale on

The EU’s Foreign Subsidies Regulation (FSR) was adopted in late 2022. Its stated aim is to combat the effects of competitive distortions caused by foreign subsidies in the EU internal market and thereby level the playing...more

McDermott Will & Emery

The European Commission Publishes Final Implementing Regulation on Proceedings Pursuant to the Foreign Subsidies Regulation

McDermott Will & Emery on

Last Step Towards a New Regulatory Framework for M&A Transactions Within the European Union - On July 10, 2023, the European Commission (the “Commission”) published its final regulation for implementing the Foreign...more

Latham & Watkins LLP

The FSR Will Soon Apply: What Companies Need to Know

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The EU’s new regime for tackling foreign subsidies will kick in on 12 July 2023. On 10 July 2023, the European Commission (Commission) published the final text of the Implementing Regulation (Final IR) on proceedings...more

McDermott Will & Emery

EU Commission Adopts New Merger Simplification Package

McDermott Will & Emery on

The EU Commission has adopted a legislative package to further streamline the simplified merger control procedures within the European Union - On April 20, 2023, the EU Commission (Commission) adopted and published a...more

A&O Shearman

European Commission streamlines merger review process

A&O Shearman on

The European Commission (EC) has been considering procedural amendments to the EU merger control rules since August 2016. It wants to simplify the review process for deals that are unlikely to raise antitrust concerns and to...more

WilmerHale

Keeping It Simple? EC Adopts Package to “Simplify” Merger Review

WilmerHale on

On 20 April 2023, the European Commission (EC) adopted a package of measures to “simplify” its merger control procedures. The reform expands the scope of the EU’s simplified merger control procedure, introduces a new...more

BCLP

The year ahead in Brussels - the European Commission’s expanding scrutiny of M&A

BCLP on

As we enter 2023, the European Commission is redoubling its efforts to scrutinise transactions on a variety of bases. The focus has been on the digital sector for some time, but the impact of the Commission’s expanding...more

Morgan Lewis

Final Approval of the Foreign Subsidies Regulation

Morgan Lewis on

The European Union’s Foreign Subsidies Regulation (FSR), published on December 23, 2022, entered into force on January 12, 2023. The FSR will apply with most of its provisions six months after its entry into force—i.e., on...more

Latham & Watkins LLP

European Scrutiny of Foreign Subsidies to Impact PE Deals

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A new regulation to control foreign subsidies could entail more complex, costly, and time-consuming deal clearances. European M&A is set to become more complex after the entry into force of the Foreign Subsidies...more

Latham & Watkins LLP

Foreign Subsidies Regulation Presents a New Hurdle for European M&A

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A new regulation to control foreign subsidies could result in more complex, costly, and time-consuming M&A clearance processes. European M&A is set to become more complex after the European Parliament and European Council...more

White & Case LLP

Lessons from the EU General Court’s recent rejections of two appeals of merger prohibitions (Wieland, Thyssenkrupp)

White & Case LLP on

On 18 May and 22 June 2022, the EU General Court upheld two European Commission prohibition decisions. Both judgments endorsed the European Commission's assessment of the mergers at issue, recognising a broad margin of...more

White & Case LLP

At Mid-year, US Merger Filings Down From 2021's Torrid Pace, But Still Far Above the Historic Average

White & Case LLP on

...Key Highlights - According to WAMS data, US merger control filing activity has cooled off: H1 2022 merger filing activity is down 23 percent versus H1 2021. However, US HSR filings in H1 2022 are 47 percent above the...more

Hogan Lovells

Hungarian FDI veto lifted after pressure from EU Commission – all's well that ends well or dangerous precedent?

Hogan Lovells on

For the first time ever, the EU Commission has issued a decision on the relationship between EU merger control law and national FDI screening rules. It found that the Hungarian Government's veto of Vienna Insurance Group's...more

Skadden, Arps, Slate, Meagher & Flom LLP

EU To Step Up Enforcement Against Foreign State-Backed Companies

If you (i) receive some form of financial support from foreign (non-EU) governments, and (ii) have activities or are planning to acquire a business in the EU, then you will want to read on....more

Skadden, Arps, Slate, Meagher & Flom LLP

EU Merger Control and Digital Markets

On 31 May 2022, Skadden, Compass Lexecon and Concurrences convened for a fireside chat to discuss developments in merger control and digital markets, followed by a panel discussion on a range of issues, including the...more

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