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AI and EU Merger Control

Global investment in AI surged to approximately USD 252 billion in 2024, representing a thirteen-fold increase since 2014. As AI technologies become deeply embedded across key economic sectors such as finance, manufacturing,...more

UK Merger Control in 2024/25: Key Takeaways

In FY 2024/25, UK merger control underwent significant changes, including important statutory amendments, updates to the Competition and Market Authority’s (CMA) rules and an apparent shift in focus when reviewing mergers to...more

First-Ever Fine for No-Poach Agreement and Anti-Competitive Use of Minority Shareholding in a Competitor

Labor markets have increasingly drawn the attention of the European Commission (“Commission”) and national competition authorities in the EU. As early as 2021, then-Competition Commissioner Vestager listed “no-poach”...more

EU Merger Control: What You Need to Know From 2024 to Navigate 2025

This client alert offers a comprehensive overview of European merger control throughout 2024. Covering the key developments from 2024 that companies contemplating M&A transactions should be aware of if these will impact the...more

FRAND Quarterly: Navigating the Global SEP Landscape - December 2024

This is the fourth issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that highlights developments about the licensing, litigation, and regulation of patents that are or are claimed to be...more

The UK-EU Competition Cooperation Agreement: Closer Apart?

At the end of 2020, the United Kingdom (UK) and the European Union (EU) signed the EU-UK Trade and Cooperation Agreement (TCA), which both parties then ratified in 2021. As to antitrust cooperation, the agreement emphasized...more

Private Enforcement of EU Competition Law: Recent Developments

As already outlined in last year’s overview, since the enactment of EU Directive 2014/104 (‘Damages Directive’), private enforcement of EU competition law in the EU has continued to develop at an impressive pace. Putting...more

Two Negatives Don’t Make a Positive: European Court Rules that European Commission Cannot Review Mergers That Are Not Reportable...

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

FRAND Quarterly: Navigating the Global SEP Landscape - July 2024

This is the third issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that highlights developments about the licensing, litigation, and regulation of patents that are or are claimed to be...more

UK, EU, and US release joint statement on competition in generative AI foundation models and AI products

On July 23, the European Commission, US Department of Justice, US Federal Trade Commission, and UK Competition and Markets Authority released a joint statement setting out shared principles on competition in markets that...more

Amid Expected Political Change in the UK, the CMA Will Likely Maintain Course

Britons will vote in Parliamentary elections on July 4 for the first time since 2019. The governing Conservative Party is expected to lose its majority and cede power to the opposing Labour Party for the first time in 14...more

FRAND Quarterly: Navigating the Global SEP Landscape - April 2024

This marks the second issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that will highlight developments about the licensing, litigation, and regulation of patents that are or are claimed...more

The EU Updates the Way It Defines Markets

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

FRAND Quarterly: Navigating the Global SEP Landscape - January 2024

This marks the first issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that will highlight developments about the licensing, litigation, and regulation of patents that are or are claimed...more

2023 EU Merger Control Highlights and Looking to 2024

2023 saw some very significant decisions, investigations, court judgments and legislative developments in European Union merger control.eu ...more

Unprecedented European Commission Order to Unwind an Acquisition

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

The European Commission’s Unprecedented Prohibition of an Acquisition Based on “Ecosystem Concerns”

On September 25, 2023, the European Commission (EC) blocked the proposed acquisition by Booking Holdings, Inc. of Flugo Group Holdings AB (eTraveli). This is the EC’s first prohibition of a transaction this year and its...more

EU Foreign Subsidies Regime: Publication of Final Implementing Regulation

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

EC Issues Revised Guidelines on Agreements Between Competitors: 10 Key Takeaways

On June 1, 2023, the European Commission (EC) adopted revised Horizontal Guidelines (HGs) and two updated block exemption regulations (BERs) on research and development (R&D) and “specialisation” agreements. These materials...more

UK’s Digital Markets, Competition and Consumers Bill: Increased Oversight Especially for Digital Companies

On 25 April 2023, the UK government published the Digital Markets, Competition and Consumers Bill (“Bill”). Before the Bill becomes law, both Houses of Parliament will need to approve it and amendments are likely....more

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

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

EU Foreign Subsidies Regulation: Publication of Draft Implementing Rules

On February 6, 2023, the European Commission (EC) published a draft Implementing Regulation (the Implementing Regulation) setting out rules and procedures for the application of the Foreign Subsidies Regulation (FSR)....more

The European Court of Justice Clarifies the Scope of Legal Professional Privilege Under EU Law

On December 8, 2022, the European Court of Justice (ECJ), the European Union’s highest court, delivered a landmark ruling in Orde van Vlaamse Balies a.o. (the Judgment) clarifying that legal professional privilege (LPP) is...more

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