News & Analysis as of August 28, 2025

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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

New Trump Administration Files First Merger Lawsuit Seeking to Block HPE/Juniper

Axinn, Veltrop & Harkrider LLP on 2/4/2025

In the first merger challenge of the second Trump Administration, on January 30, the U.S. Department of Justice (“DOJ”) Antitrust Division filed suit seeking to block Hewlett Packard Enterprise Company’s (“HPE’s”) proposed...more

Call in the Merger Cavalry – How new intervention powers are transforming merger control

Hogan Lovells on 1/17/2025

The ECJ’s Illumina/Grail judgment has curtailed the Commission’s direct oversight of certain transactions, thereby elevating the need for national "call-in" powers. These call-in regimes, which are proliferating both inside...more

New UK Competition Regime Comes Into Force 1 January 2025

Skadden, Arps, Slate, Meagher & Flom LLP on 12/3/2024

The United Kingdom’s (UK’s) Digital Markets, Competition and Consumers Act 2024 (the Act) expands the Competition and Markets Authority’s (CMA’s) jurisdiction in merger control, regulates major tech platforms with “strategic...more

European Antitrust Bimonthly Bulletin – September/October 2024

Wilson Sonsini Goodrich & Rosati on 11/20/2024

The "European Antitrust Bimonthly Bulletin" breaks down the major antitrust developments in Europe during the past two months into concise and actionable takeaways....more

Illumina/Grail: EU Court Overturns Below-Threshold Merger Review Policy

Wilson Sonsini Goodrich & Rosati on 9/4/2024

On September 3, 2024, the EU’s highest court, the European Court of Justice (ECJ), ruled that the European Commission (EC) had no jurisdiction to review Illumina’s acquisition of Grail, overturning the EU’s revised Article 22...more

Illumina/Grail: Court Opinion Could See an End to the EU Commission’s Expansive Merger Review Policy

Wilson Sonsini Goodrich & Rosati on 3/27/2024

On March 21, 2024, an adviser to the EU’s highest court, the Court of Justice of the European Union (CJEU), proposed setting aside the judgment of the lower court in Illumina v Commission. The General Court (GC) had...more

New Excessive and Unfair Pricing Provisions in Force in Canada’s Competition Act: Risk and Compliance Considerations

Davies Ward Phillips & Vineberg LLP on 1/19/2024

Canada’s Competition Act was amended effective December 15, 2023 to both (i) establish a new, more expansive framework for challenging anti-competitive conduct by dominant firms and (ii) specifically provide that it is an...more

Global Cartel Enforcement Report 2023

Morgan Lewis on 1/15/2024

In 2023, cartel fines in key jurisdictions increased by 7.7%—totaling $1.4 billion—compared to 2022. While the totals remain significantly below the peaks seen in the mid-2010s, 2023 saw record fines imposed in several...more

Interoperability a Key Concern for Competition Authorities Around the Globe

Mayer Brown on 1/12/2024

The US Federal Trade Commission wound down 2023 by emphasizing its focus on the potential competition and consumer protection effects of companies’ efforts to limit the interoperability of their products and services. In late...more

ECJ’s “gun jumping” ruling reminds merging parties of the importance of EU merger control compliance

A&O Shearman on 11/17/2023

The European Court of Justice (ECJ) has (mostly) confirmed the European Commission (EC)’s decision to fine Altice for implementing a transaction prior to its notification and the EC’s merger control clearance....more

ECJ Antitrust Ruling Not Likely to Jump-Start EC Deal Challenges in "Gap Cases"

Jones Day on 8/15/2023

In Short - The Development: The Court of Justice of the European Union ("ECJ") annulled a General Court ("GC") ruling that had adopted a high standard of proof for the European Commission ("EC") to block transactions in...more

New EU Foreign Subsidies Regime Goes Live, with Slightly Simplified Requirements

Wilson Sonsini Goodrich & Rosati on 7/14/2023

As of July 12, 2023, the EU’s new Foreign Subsidies Regulation (FSR) began to apply. Deals signed from this date will now fall under the European Commission’s (EC’s) new powers to review subsidies from non-EU states to...more

Sustainability Initiatives Get a Green Light in European Commission’s Revision of Rules on Collaboration Among Competitors

Wilson Sonsini Goodrich & Rosati on 6/26/2023

The EU’s rulebook on cooperation among competitors, which has been in place for over a decade, has recently undergone a revision with the European Commission (EC) adopting a new framework on June 1, 2023, that includes...more

Global antitrust enforcement report - March 2023

A&O Shearman on 3/21/2023

2022 saw a mixed picture in terms of antitrust enforcement across the globe. For the jurisdictions surveyed in our report, global fine totals were down significantly from 2021 (USD3.5bn, compared to USD11.3bn), with the U.S.,...more

Private Enforcement: The Court of Justice of the European Union Clarifies the Conditions Under Which a National Court May Order...

Herbert Smith Freehills Kramer on 3/1/2023

In a judgment published on Jan. 12, 2023 (Case C-57/21, RegioJet a.s.), the Court of Justice of the European Union strengthens the right to access to the file for victims of anticompetitive practices. According to the Court’s...more

Global trends in merger control enforcement (UPDATED)

A&O Shearman on 2/24/2023

We have collected and analysed data on merger control activity for 2022 from 26 jurisdictions. We give you the key trends and developments from the past year, focusing in particular on the EU, UK, U.S. and China. ...more

European Court Expands Legal Professional Privilege in the EU

Wilson Sonsini Goodrich & Rosati on 1/5/2023

In a recent judgment, the European Court of Justice (ECJ) expanded the scope of Legal Professional Privilege (LPP) in the EU, recognizing that it is not limited to advice given for the purpose of defense but covers all...more

Hungary – Changes to merger control rules from 2023

Hogan Lovells on 12/20/2022

The Hungarian Parliament has recently adopted an amendment to the Hungarian Competition Act, in Act LV of 2022, which will enter into force on 1 January 2023 (the “Amendment”).The changes include increased general turnover...more

Dutch Court Holds Former Director Personally Liable for EU Cartel Fine

Wilson Sonsini Goodrich & Rosati on 12/20/2022

On December 12, 2022, the Dutch Arnhem-Leeuwarden Court of Appeal (the court) confirmed that a former director of Heiploeg, a North Sea shrimp supplier, was personally liable for over €13 million in damages ($13.8 million) as...more

Antitrust and Private Enforcement: A Recent Judgment by EU’s Top Court Requires Defendants to Produce New Documents That Can Be...

Wilson Sonsini Goodrich & Rosati on 11/22/2022

On November 10, 2022, the European Court of Justice (ECJ) ruled that the disclosure of "relevant evidence" under Article 5(1) of the Damages Directive also covers evidence that does not exist and that the disclosing party...more

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European Union › Antitrust Provisions › Corporate Counsel

New Trump Administration Files First Merger Lawsuit Seeking to Block HPE/Juniper

Call in the Merger Cavalry – How new intervention powers are transforming merger control

New UK Competition Regime Comes Into Force 1 January 2025

European Antitrust Bimonthly Bulletin – September/October 2024

Illumina/Grail: EU Court Overturns Below-Threshold Merger Review Policy

Illumina/Grail: Court Opinion Could See an End to the EU Commission’s Expansive Merger Review Policy

New Excessive and Unfair Pricing Provisions in Force in Canada’s Competition Act: Risk and Compliance Considerations

Global Cartel Enforcement Report 2023

Interoperability a Key Concern for Competition Authorities Around the Globe

ECJ’s “gun jumping” ruling reminds merging parties of the importance of EU merger control compliance

ECJ Antitrust Ruling Not Likely to Jump-Start EC Deal Challenges in "Gap Cases"

New EU Foreign Subsidies Regime Goes Live, with Slightly Simplified Requirements

Sustainability Initiatives Get a Green Light in European Commission’s Revision of Rules on Collaboration Among Competitors

Global antitrust enforcement report - March 2023

Private Enforcement: The Court of Justice of the European Union Clarifies the Conditions Under Which a National Court May Order...

Global trends in merger control enforcement (UPDATED)

European Court Expands Legal Professional Privilege in the EU

Hungary – Changes to merger control rules from 2023

Dutch Court Holds Former Director Personally Liable for EU Cartel Fine

Antitrust and Private Enforcement: A Recent Judgment by EU’s Top Court Requires Defendants to Produce New Documents That Can Be...

EU Court Opinion: Competition Authorities May Consider Data Protection Breaches in Their Investigations

European Commission Publishes Cartel Leniency FAQs

General Court Judgment in Canon – A Victory for Commission Gun-Jumping Enforcement

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel - Q1 2022

EU Adopts New Rules to Significantly Limit the Power of Tech Platforms

European Union › Antitrust Provisions › Corporate Counsel

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