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Will the European Commission lose its ability to review below-threshold deals?

In yet another twist in the Illumina/Grail saga, Advocate General Emiliou has challenged the European Commission's approach to calling-in certain non-reportable transactions for review. The final judgment will be delivered by...more

EU Court of Justice in CK Telecoms sides with the European Commission's approach to mergers in oligopolistic markets

The EU Court of Justice in the CK Telecoms1 ruling has addressed key questions of EU merger control, including the standard of proof for the European Commission to challenge a merger, the assessment of mergers below the...more

Lessons from the EU General Court’s recent rejections of two appeals of merger prohibitions (Wieland, Thyssenkrupp)

On 18 May and 22 June 2022, the EU General Court upheld two European Commission prohibition decisions. Both judgments endorsed the European Commission's assessment of the mergers at issue, recognising a broad margin of...more

At Mid-year, US Merger Filings Down From 2021's Torrid Pace, But Still Far Above the Historic Average

...Key Highlights - According to WAMS data, US merger control filing activity has cooled off: H1 2022 merger filing activity is down 23 percent versus H1 2021. However, US HSR filings in H1 2022 are 47 percent above the...more

EU General Court confirms EC decision fining Canon €28 million for gun jumping in warehousing scheme

On 18 May 2022, the EU General Court (GC) upheld the European Commission's (EC) € 28 million fine imposed on Canon for gun-jumping in the context of a (somewhat unique) so-called warehousing structure. The judgment confirms...more

Catch-22: The European Commission Keeps Broadening Merger Control Intervention Powers and Gives a Glimpse of The Future

A recent speech1 by the European Commission's (the Commission) Commissioner for Competition Margrethe Vestager (the Commissioner), on the 30th anniversary of the EU Merger Regulation (EUMR), praised it as having created "a...more

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