In a merger control environment that has been steadily evolving over the past several years, M&A parties can less and less rely solely on traditional notification thresholds to assess filing obligations and antitrust risk....more
Merger and acquisition (M&A) transactions are facing ever longer regulatory reviews and an increasingly uncertain outcome. Less than a decade ago, it seemed we were on a clear path to substantial international convergence,...more
The European Commission ("EC") has published its final revised Horizontal Cooperation Guidelines and adopted new R&D and Specialisation Block Exemption Regulations (HBERs). The EC's aim is to provide more guidance for...more
Advocate General Anthony Michael Collins has proposed that the European Court of Justice uphold the General Court's Altice judgment. In his Opinion, he considered that the entering into certain types of pre-closing covenants...more
5/11/2023
/ Antitrust Division ,
Antitrust Provisions ,
Belgium ,
Competition ,
EU ,
EUMR ,
European Commission ,
European Court of Justice (ECJ) ,
Gun-Jumping ,
Merger Controls ,
Mergers ,
Proportionality ,
Transparency ,
Treaty on the Functioning of the European Union (TFEU)
On 9 July 2021, the European Commission (EC) published for public consultation a draft revised Vertical Block Exemption Regulation (VBER) and draft revised guidelines on vertical restraints (Vertical Guidelines). The EC has...more
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
Yesterday, the 10th amendment to the German Act against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen – "GWB") entered into force, and with it the most substantial overhaul of German competition law in a...more
The Vertical Block Exemption Regulation (VBER) is at the heart of the antitrust assessment of many distribution agreements and other types of vertical arrangements. In force for more than 10 years already, the current VBER...more
On 17 June 2020, the European Commission published a White Paper seeking views on three powerful new tools to control the acquisitions and activities of foreign subsidised companies in the EU:1 (i) a general ex post control...more
6/19/2020
/ Acquisitions ,
Antitrust Provisions ,
EU ,
European Commission ,
Foreign Direct Investment ,
Foreign Investment ,
Foreign Subsidiaries ,
Merger Controls ,
Mergers ,
Public Consultations ,
Screening Procedures ,
WTO
Beware of antitrust rules despite alarming economic threats of the COVID-19 outbreak: no general "crisis" defense; governments grant (few) specific exemptions; further developments to be followed....more
Combatting climate change and driving digital transformation of traditional industries are two key challenges of our times. Many industries are working hard to achieve the Paris Agreement climate goals, but with simultaneous...more
10/9/2019
/ Antitrust Provisions ,
Chemicals ,
Climate Change ,
Collaboration ,
Digital Services ,
Driverless Cars ,
European Commission ,
Innovative Technology ,
Manufacturers ,
OEM ,
Paris Agreement ,
Popular ,
Research and Development ,
Software ,
World Economic Forum