The Draghi Report proposes substantial reform in the area of competition law, notably offering a critical assessment of recent policies implemented by the European Commission in merger control and antitrust enforcement. The...more
The Court of Justice of the EU (the Court) has overturned the General Court’s judgment in Illumina/Grail, effectively putting an end to the EC’s revised Article 22 policy approach for below-threshold mergers. Under this...more
9/6/2024
/ Acquisitions ,
Antitrust Division ,
EU ,
EU Merger Directive ,
EUMR ,
European Commission ,
Financial Conduct Authority (FCA) ,
Global Dealmaking ,
Member State ,
Mergers ,
Treaty on the Functioning of the European Union (TFEU)
The EC has published the long-awaited revised Market Definition Notice (the "Notice"), marking the first update since its initial adoption in 1997. The Notice clarifies the methodology for defining product and geographic...more
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
The DMA has been published in the Official Journal of the European Union and will enter into force on 1 November 2022. The DMA aims to address concerns regarding "contestability" and "fairness" in the digital economy and...more
10/17/2022
/ Big Tech ,
Class Action ,
Competition ,
Digital Marketplace ,
Digital Markets Strategy ,
Digital Platforms ,
Enforcement ,
EU ,
European Commission ,
Merger Controls ,
Mergers ,
Treaty on the Functioning of the European Union (TFEU)
There have been a number of developments in merger control in 2020 and Q1 2021. Some are related to the repercussions of the COVID-19 pandemic, while others are borne out of the ambitions and changes sought by individual...more
White & Case LLP argued the last successful fully-fledged "failing firm defence" case in Aegean/Olympic II in 2013. Our lawyers Assimakis Komninos and Jan Jeram, who acted in that case, with the help of Iakovos Sarmas1,...more
4/17/2020
/ Acquisitions ,
Competition Authorities ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
European Commission ,
Failing Firm Defense ,
Financial Distress ,
Global Economy ,
Industry Consolidation ,
Insolvency ,
Merger Controls ,
Mergers
Setting the scene -
The Italian Competition Authority ("ICA"), recently published a set of Guidelines and Policy recommendations relating to the Digital Sector ("Guidelines"), focusing on antitrust, privacy regulation and...more
7/11/2019
/ Acquisitions ,
Administrative Authority ,
Antitrust Violations ,
Big Data ,
Competition Authorities ,
Consumer Protection Laws ,
Data Protection Authority ,
Digital Communications ,
Digital Platform Liability ,
Digital Platforms ,
Digital Services ,
Italy ,
Joint Protocols ,
Merger Controls ,
Mergers ,
New Guidance ,
Privacy Laws
On 16 January 2019, the Court of Justice of the European Union ("CJEU" or "Court") dismissed the European Commission's appeal against the annulment of its decision to prohibit the acquisition of TNT by UPS. The CJEU stressed...more
1/18/2019
/ Annulment ,
Anti-Competitive ,
Antitrust Investigations ,
Appeals ,
Court of Justice of the European Union (CJEU) ,
Damages ,
Disclosure Requirements ,
EU ,
European Commission ,
Mergers ,
Reversal ,
Right of Defence ,
TNT ,
Transparency ,
Treaty on the Functioning of the European Union (TFEU) ,
UPS