News & Analysis as of

Merger Controls Merger Agreements European Union

Hogan Lovells

The Foreign Investment Screening Regime comes into force in Ireland

Hogan Lovells on

In line with international and European developments, Ireland has introduced a new regime to provide for a process to allow for certain transactions that may present risks to the security or public order of the State to be...more

Jones Day

European Commission President Unveils Proposed New Team of EU Commissioners and Political Priorities

Jones Day on

The Situation: On September 17, 2024, European Commission President Ursula von der Leyen unveiled her new proposed College of Commissioners and announced key European Union ("EU") policy priorities for the next five years....more

Jones Day

EU Court Holds Back Expansion of Antitrust Reviews to Non-Reportable Transactions

Jones Day on

The Situation: To address a perceived enforcement gap, the European Commission ("EC") has issued guidelines expanding the types of non-reportable transactions subject to its "upward referral mechanism," which permits EU...more

Jones Day

The EC Issues Guidance on Assessing Market Distortions Under the Foreign Subsidies Regulation

Jones Day on

The Situation: The European Commission ("EC") has released its first guidance on assessing market distortions under the Foreign Subsidies Regulation ("FSR")....more

Mayer Brown

Reform of the EU Foreign Direct Investment Screening Regulation – How might M&A Transactions be impacted?

Mayer Brown on

On 24 January 2024, the European Commission (“Commission”) unveiled its proposals to reform the current EU Foreign Direct Investment Screening Regulation 2019/452 (“FDI Screening Regulation”). This forms part of a wider...more

Cadwalader, Wickersham & Taft LLP

European Commission’s Revised Guidance on Market Definition Will Make It Easier to Allege Mergers Will “Significantly Impede...

The European Commission’s (“Commission”) substantially revised Market Definition Notice (“Revised Notice”) will make it significantly easier for it to allege that mergers and other transactions (“mergers”) are likely to...more

McDermott Will & Emery

Antitrust M&A Snapshot - Q3 2023

McDermott Will & Emery on

UNITED STATES - Proposed Merger Guidelines Outline Fundamental Change of Approach to Merger Investigation and Enforcement - On July 19, 2023, the Federal Trade Commission (FTC) and the US Department of Justice (DOJ)...more

A&O Shearman

EU Foreign Subsidies Regulation takes effect with procedural rules clarified

A&O Shearman on

Most of the provisions of the EU Foreign Subsidies Regulation (FSR) take effect on 12 July 2023. The European Commission (EC) has also now adopted its long-awaited Implementing Regulation (IR), which contains the notification...more

Skadden, Arps, Slate, Meagher & Flom LLP

US and EU Regulators Increase Scrutiny of Vertical Mergers

US Regulators Pursue an Expansive View of Antitrust Laws - For almost two years, industry participants have felt the effects of the Biden administration’s “big is bad” approach to antitrust — not only in technology sectors,...more

WilmerHale

From Niche to Standard? M&A Transactions Under Scrutiny by the German Foreign Direct Investment Regime

WilmerHale on

The German federal government recently passed the 17th amendment to the Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung—AWV), which considerably expands the scope of foreign direct investment (FDI) screening...more

Hogan Lovells

Acquisition of businesses in financial difficulty as a result of COVID-19: Do buyers still need to wait for prior...

Hogan Lovells on

In the wake of the COVID-19 crisis, many companies will be facing significant financial difficulties for which the only viable solution to remain a going concern will be acquisition by another company. It is safe to predict...more

Morgan Lewis

Competition Authority Merger Filing Status During COVID-19

Morgan Lewis on

As governments around the world work to stem the coronavirus (COVID-19) pandemic, merger control authorities in jurisdictions around the globe are adapting their operations and procedures. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

Planning for Merger Reviews and Antitrust Inquiries in Case of a 'No-Deal' Brexit

As the U.K.’s March 29, 2019, exit date from the European Union approaches, companies involved in merger reviews or antitrust investigations should pre-emptively address the risk of a “no-deal” Brexit....more

BCLP

European Court of Justice Clarifies Scope of Gun Jumping Prohibition

BCLP on

Over the last year, we have noted an increased crackdown by competition agencies on so-called “gun jumping” – that is, the implementation of a merger before mandatory merger clearances are received. On 31 May 2018, the...more

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