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Mergers Abuse of Dominance

Goodwin

Antitrust and Competition Life Sciences Quarterly Update Q2 2024

Goodwin on

To date, 2024 has not yet seen the type of mega-merger (Pfizer/Seagen) or level of agency enforcement (Sanofi/Maze or Amgen/Horizon) as 2023. But two notable investigations — one still active — show the Federal Trade...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

Davies Ward Phillips & Vineberg LLP

Canada’s Competition Act Reforms Include Expanded Power to Challenge Anticompetitive Agreements

The Minister of Finance recently introduced Bill C-56 to implement certain proposals announced by the Prime Minister designed to lower prices and “make life more affordable” for Canadians. The bill provides details of the...more

Axinn, Veltrop & Harkrider LLP

Axinn Antitrust Insight: New Proposed Merger Guidelines Reflect DOJ and FTC’s Anti-merger Policy, Signal Continued Aggressive...

The U.S. Department of Justice, Antitrust Division (DOJ), and the Federal Trade Commission (FTC) (and together, the “Agencies”) have released long-anticipated draft merger guidelines (the “2023 Draft Guidelines”) that...more

BCLP

Doing a deal as an abuse of dominance? The ECJ’s decision in Towercast

BCLP on

On 16 March 2023, the ECJ published its judgment in Towercast (C-449/21), confirming that Article 102 TFEU (which prohibits abuses of a dominant market position) may apply to transactions which fall below national and EU...more

Jones Day

EU Court of Justice Revives Long-Dormant "Abuse of Dominance" Challenge to Non-Reportable M&A Deals

Jones Day on

In Short - The Development: The Court of Justice of the European Union ("ECJ") held that national competition authorities ("NCA") may investigate and block an M&A transaction that violates Article 102 of the Treaty on the...more

White & Case LLP

European Court of Justice confirms that national authorities can review ex-post below-threshold mergers under abuse of dominance...

White & Case LLP on

The long-awaited European Court of Justice's judgment in Towercast confirmed that national competition authorities (and national courts) can apply abuse of dominance rules to mergers that did not trigger EU and national...more

McDermott Will & Emery

European Competition Review 2022

McDermott Will & Emery on

In our super-connected age, we are inundated with information. It can be difficult to select what is really relevant to one’s business. The purpose of this Review is to provide legal counsel and their teams easy...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

WilmerHale

New Antitrust Rules for the Digital Economy: German “Digitalization Act” Nears the Finish Line

WilmerHale on

Europe’s first legislative proposal addressing the digital economy and related competition issues is one step closer to becoming a reality: In September 2020, the German government approved the highly anticipated 10th...more

Skadden, Arps, Slate, Meagher & Flom LLP

Planning for Merger Reviews and Antitrust Investigations Under the Brexit Withdrawal Agreement

The U.K. Competition and Markets Authority (CMA) has published “Guidance on the Functions of the CMA Under the Withdrawal Agreement” (Guidance), which sets out the regulator’s approach to merger and competition cases during...more

McDermott Will & Emery

EU Competition Review 2019

McDermott’s Annual European Competition Review summarizes key developments in European competition rules. During the previous year, several new regulations, notices and guidelines were issued by the European Commission. There...more

Dechert LLP

Big (But Not Bad) Data and Merger Efficiencies

Dechert LLP on

“Big data” has become one of the hottest subjects for antitrust enforcers around the globe. There is concern that large tech companies are amassing vast amounts of data and will use that data to entrench their dominant...more

White & Case LLP

Saudi Arabia's New Competition Law Goes Into Effect

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The Kingdom of Saudi Arabia's new competition regime has gone into effect with potentially significant implications for businesses which are active in the Kingdom and those considering transactions with a Saudi component. The...more

White & Case LLP

Digital platforms will soon face more regulatory scrutiny in Japan

White & Case LLP on

Big Tech as well as other global companies will likely have to modify their business models - Japan’s growing e-Commerce market continues to benefit both businesses, which are able to reach more customers and reduce...more

Skadden, Arps, Slate, Meagher & Flom LLP

Competition Policy for the Digital Era: Advisers to the European Commission Recommend Vigorous Enforcement and Adjustments to...

On April 4, 2019, the European Commission published a report1 prepared by three special advisers (the Advisers) appointed by EU Competition Commissioner Margrethe Vestager to explore how EU competition policy should evolve in...more

Blake, Cassels & Graydon LLP

Recent Developments in Canadian Competition Law

The Competition Bureau (Bureau) recently released updated Abuse of Dominance Enforcement Guidelines (AOD Guidelines), which provide insight into the Bureau’s approach to abuse of dominance matters, and Intellectual Property...more

Dechert LLP

Brexit and Antitrust: Impact on Public and Private Antitrust Enforcement

Dechert LLP on

The UK may leave the EU on 29 March 2019 without a transition period or agreed arrangements on the terms of its exit. There are multiple implications: - Businesses subject to an ongoing EU antitrust investigation on the...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Antitrust Enforcement in the Trump Administration"

Republican administrations historically have taken a less interventionist approach to antitrust enforcement than their Democratic counterparts, but many of President Donald Trump’s policy positions have not tracked...more

McGuireWoods LLP

European Competition Law Newsletter – December 2016

McGuireWoods LLP on

On 8 November 2016, the “Autorité de la concurrence” (French competition authority) provided a stark warning about the dangers of early implementation of a transaction prior to merger control clearance. This is one type of...more

Latham & Watkins LLP

Premerger Notification Arrives in the Philippines

Latham & Watkins LLP on

The Philippine Competition Commission has implemented compulsory merger control, while other Philippine antitrust provisions await full application. The world’s 12th most populous nation joins the global antitrust...more

McGuireWoods LLP

The Intersection of Big Data and Antitrust Law - Finally a Case in the EU

McGuireWoods LLP on

Only a few weeks ago, EU Competition Commissioner Vestager said in a speech, “We continue to look carefully at this issue, but we haven’t found a competition [antitrust] problem yet”. She was referring to antitrust issues...more

McDermott Will & Emery

McDermott EU Competition Annual Review 2015

McDermott Will & Emery on

McDermott has published an EU Competition Annual Review for 2015. This 87 page booklet will help General Counsel and their teams focus on the most essential EU competition updates for 2015. Beyond being used to understand...more

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