News & Analysis as of

European Merger Control Regulation Mergers

EU Court annuls a 2014 European Commission merger clearance for insufficient reasoning

by White & Case LLP on

The EU General Court ("GC" or "Court") annulled a 2014 decision of the European Commission ("Commission") clearing the Liberty Global/Ziggo transaction for lack of appropriate reasoning. The GC found that the Commission...more

New Merger Thresholds for Italian Transactions

by Jones Day on

The Background: On August 2, 2017, the Italian Parliament approved the Law on Market and Competition, which provided a new set of pre-merger filing thresholds. After publication of the law in the Official Gazette on August...more

Only 'full-function' joint ventures subject to EU merger control: C-248/16 Austria Asphalt v Bundeskartellanwalt

by DLA Piper on

On 7 September 2017 the EU Court of Justice ruled that the creation of a joint venture is subject to merger control only where the target company is 'full-function' - i.e. an autonomous economic entity. The Court clarified...more

EU Court Decides EU Merger Control Can Only Catch Joint Control Transactions If the Resulting Entity Is ‘Full-Function’

by Shearman & Sterling LLP on

On September 7, 2017, the European Court of Justice (ECJ) decided that, where joint control is acquired over a new or existing undertaking (or parts of an undertaking), that transaction can only fall within the scope of the...more

Antitrust M&A Snapshot - July 2017

by McDermott Will & Emery on

McDermott’s Antitrust M&A Snapshot is a resource for in-house counsel and others who deal with antitrust M&A issues but are not faced with these issues on a daily basis. In each quarterly issue, we will provide concise...more

EU Antitrust Continuity Potentially Threatened by Brexit

by Foley & Lardner LLP on

Our second antitrust outlook-focused post reflects on how we expect 2017 to continue to shape up as a year in which competition policy and enforcement will face increased uncertainty and complexity, specifically with respect...more

EU Merger Control Procedural & Jurisdictional Aspects: Reply To The European Commission Consultation

by Hogan Lovells on

We welcome the opportunity to provide comments to the European Commission in its evaluation of procedural and jurisdictional aspects of EU merger control. A NEW JURISDICTIONAL THRESHOLD - We respond here to section...more

Overview of the Proposed Reforms of the EU Merger Control Regime

by McDermott Will & Emery on

In October 2016, the European Commission launched a public consultation to continue the process of identifying possible areas of the EU Merger Regulation suitable for refinement, improvement and simplification....more

International News: Focus on International Dispute Resolution

by McDermott Will & Emery on

Overview of the Proposed Reforms of the EU Merger Control Regime - In October 2016, the European Commission launched a public consultation to continue the process of identifying possible areas of the EU Merger Regulation...more

Inside M&A - August 2016

by McDermott Will & Emery on

Recent Enforcement Trends in Divestiture Packages - The Federal Trade Commission (FTC) and US Department of Justice’s (DOJ) Antitrust Division have been actively challenging mergers and acquisitions (M&A) across a...more

Update: Peculiarities of the Merger Filing Requirements in Germany and Austria

by McDermott Will & Emery on

As many dealmakers doing business in Europe have realized, German and Austrian merger filing requirements are sometimes a bit tricky, and in some respects different from the rules in place at EU level and in other EU member...more

European M+A News, Fall 2014

by Morrison & Foerster LLP on

In This Issue: - Shareholder Activism in Germany - Reinforced Ukraine-Related Sanctions on Russia - Current Developments Foreign Direct Investment into EU Increasing - Rising Confidence – European...more

Simplifying EU merger control procedures for simple cases

by Dechert LLP on

Highlights: - Higher market share thresholds are expected to increase the number of cases benefiting from the simplified procedure by approximately 10%. - Joint ventures with no activities in the EEA qualify for...more

"Changes to EU Merger Review Procedures"

The European Commission (Commission) has adopted important revisions to its merger control procedures under what it characterizes as a Merger Simplification Package that will enter into force on January 1, 2014. The new rules...more

European Commission Simplifies Procedures Under the EU Merger Regulation

On 5 December 2013, the European Commission adopted its “Merger Simplification Package” with the stated objective of cutting red tape and reducing costs for businesses in EU merger filings. The package broadens the scope of...more

European Commission Simplifies Aspects of EU Merger Control

by McDermott Will & Emery on

The European Commission (Commission) has issued a package of measures (the Reform Package), the rationale for which is to simplify and streamline EU merger control. The Reform Package does this by extending “simplified”...more

"European Commission Proposes Significant Changes to the EU Merger Regulation"

On June 20, 2013, the European Commission (Commission) launched a public consultation on a number of significant proposed changes to the EU Merger Regulation (EUMR). The proposed amendments relate to (i) the possible review...more

REGULATORY: EU Competition Law: Competition Law and the Energy Sector – EU, UK, and Beyond; Looking Ahead to 2013

by King & Spalding on

Since it is early in 2013 (according to the Gregorian calendar), this competition law update considers possible competition law developments in the year ahead. Rather than a “Janus” approach of rounding up last year, it...more

China's Ministry of Commerce Announces Investigations into Failures to Notify a Concentration, Introduces New Transparency...

by McDermott Will & Emery on

China’s Ministry of Commerce recently announced that it opened four investigations during 2012 into suspected non-compliance with China’s merger control notification procedures. The outcomes of the investigations are still...more

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