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European Commission Proposes Further Prohibitions of Territorial Restrictions on Branded Products

Future prohibition on territorial supply constraints would expand EU law to prohibit certain unilateral conduct by large manufacturers....more

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

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

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

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

United Kingdom's CMA Reminds Businesses That Teamwork Must Stay on the Field

To minimize antitrust risk, dual distribution requires caution in coordination between a supplier and retailers. The UK's Competition and Markets Authority ("CMA") will fine Leicester City Football Club ("LCFC") up to...more

EU Adopts Reporting Requirements for Transactions and Public Bids Under the Foreign Subsidies Regulation

In Short - The Situation: On July 10, 2023, the European Commission ("EC") adopted the Implementing Regulation ("IR") and the corresponding notification forms (Form FS-CO and Form FS-PP), which specify the information and...more

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

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

EU Foreign Subsidies Regulation Filings Mandatory Starting in October 2023

The foreign subsidies regulation ("FSR") requires prenotification of certain large M&A transactions and public bids involving companies that receive subsidies from governments outside the European Union ("EU")....more

Antitrust Alert: Germany Issues Antitrust Guidance on Multilateral and Unilateral Behavior

The German Federal Cartel Office ("FCO") provided guidance on several hot antitrust topics in July 2017. While the guidance is contained in the FCO's report on its sector inquiry into the cement and ready-mix concrete...more

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