Fierce Competition Podcast | Below-Threshold Mergers: Global Antitrust Scrutiny
Podcast: Key Changes in Finalized Antitrust Merger Guidelines – Diagnosing Health Care
Fierce Competition Podcast | Takeaways From the Illumina-Grail Merger Challenge Saga
Fierce Competition Podcast | A Look at the Evolving Global Deal Landscape
The Informed Board Podcast | Will the EU’s Focus on Foreign Subsidies Make It More Difficult To Acquire European Businesses?
Podcast- The FTC's Mission: Competition and Antitrust
Uncorked With Farella: M&A in the Wine Industry With Robert Nicholson
EU & UK Competition Law & Public Interest: Best Practices & New Challenges ahead
Nota Bene Episode 123: Europe Q2 Check In - Brexit Updates and Antitrust Laws in the Digital Economy with Oliver Heinisch
Nota Bene Episode 112: How Europe is Filling Enforcement Gaps for Digital Gatekeepers with Robert Klotz and Ciara Barbu-O’Connor
In a merger control environment that has been steadily evolving over the past several years, M&A parties can less and less rely solely on traditional notification thresholds to assess filing obligations and antitrust risk....more
On the merger control front, the New Competition Law introduced a new turnover threshold, in addition to the existing market share threshold, in the context of regulating economic concentrations (as defined below) between...more
This newsletter is a summary of the antitrust developments we think are most interesting to your business. James Webber (partner based in London) and Jess Bowring (counsel based in London) are our editors this month. They...more
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
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
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
Our EU Antitrust Team discusses the European Court of Justice’s decision that restricts the European Commission’s jurisdiction to review below threshold mergers....more
With its eagerly-awaited Illumina/Grail judgment on 3 September 2024, the Court of Justice of the European Union (“ECJ”) closed a transatlantic saga and rejected the European Commission's ("Commission") extended...more
On September 3, 2024, the EU’s highest court, the European Court of Justice (ECJ), ruled that the European Commission (EC) had no jurisdiction to review Illumina’s acquisition of Grail, overturning the EU’s revised Article 22...more
Spotlight on below-threshold merger reviews: doubts over European Commission’s powers while in depth probes launched in Italy - Last month, we reported on the landmark Advocate General (AG) opinion in Illumina/GRAIL. The AG...more
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
A merger filing will be required if each of the following thresholds are met: The new thresholds mark a significant change from the previous thresholds, which required only that the combined annual worldwide turnover of all...more
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
In a judgment dated 13 July 2022 (T-227/21), the General Court of the European Union (the “General Court” or the “Court”) upheld the decision of the European Commission (the “Commission”) whereby the latter accepted to assert...more
The Government of Kuwait has recently amended its competition law to include for the first time a pre-merger notification regime based on turnover thresholds. Kuwait's Competition Protection Agency has started to apply the...more
The German Bundeskartellamt and the Austrian Bundeswettbewerbsbehörde have updated their joint guidance on the application of their respective transaction value thresholds for mandatory merger notifications (the "Guidelines")...more
On 14 January, the German Parliament passed far-reaching amendments of German antitrust law, the Act against Restraints of Competition (ARC), which also affect merger control. The amendment, also known as the "German...more
A recent speech1 by the European Commission's (the Commission) Commissioner for Competition Margrethe Vestager (the Commissioner), on the 30th anniversary of the EU Merger Regulation (EUMR), praised it as having created "a...more
UNITED STATES: JANUARY - MARCH 2019 UPDATE - In the first quarter of 2019, vertical merger enforcement continued to be a hot topic for the US antitrust agencies. The Court of Appeals upheld the district court’s decision in...more
The German government lowered the threshold for acquisitions of German companies by non-EU and non-European Free Trade Association ("EFTA") acquirers. Germany has expanded its powers to block takeovers of German companies...more
Since 2017, new merger control thresholds have been in effect in Germany and Austria which do not depend on the revenues generated by the parties but, rather, on the value of the transaction....more
Les règles de l’Union Européenne en matière de contrôle des concentrations coexistent avec les régimes nationaux du droit des concentrations dans la plupart des 28 Etats membres. La notification et l’approbation d’une ou...more
The European Union (“EU") merger control regime coexists with national merger control regimes in almost all of the 28 EU Member States. Depending on the parties’ turnover and market shares, the filing and clearance of...more
New German competition law: Germany takes a pioneering role in adapting its competition law to the digital economy (Part 1) - On 9 June 2017, the 9th amendment of the German Act Against Restraints of Competition (ARC)...more