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European Union › European Merger Control Regulation › Mergers

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... more +
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 -
WilmerHale

AI and EU Merger Control

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Global investment in AI surged to approximately USD 252 billion in 2024, representing a thirteen-fold increase since 2014. As AI technologies become deeply embedded across key economic sectors such as finance, manufacturing,...more

Baker Botts L.L.P.

European Commission Approves Liberty Media’s Acquisition of MotoGP

Baker Botts L.L.P. on

On 23 June, the European Commission (“Commission”), following a Phase II investigation, unconditionally approved the acquisition by Liberty Media Corporation (“Liberty Media”) of Dorna Sports, S.L. (“Dorna”) (Case M.11539,...more

A&O Shearman

Merger control reviews speed up (at least for straightforward cases)

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Speeding up review periods remained a priority for antitrust authorities outside the U.S. They did this through formal rule changes or adjustments in practice. But the increasing complexity of the issues raised by some deals,...more

A&O Shearman

Global trends in merger control enforcement report- 2025

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Merger control and foreign investment hurdles contributed to a challenging 2024 for M&A. 2025 looks more promising, with pro-business agendas and regulatory easing in key jurisdictions expected to fuel a surge in dealmaking -...more

BCLP

Commission's First Decision Under the Foreign Subsidies Regulation Authorising a Concentration Subject to Conditions

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On 24 September 2024, the European Commission adopted its first decision under the Foreign Subsidies Regulation (“FSR”)....more

Hogan Lovells

Five takeaways from the European Commission’s first commitments case under the Foreign Subsidies Regulation

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For the first time, the European Commission has accepted commitments in a merger case reviewed under the EU Foreign Subsidies Regulation. What can we learn from the Commission’s announcement to clear the deal? We set out...more

Latham & Watkins LLP

European Court of Justice Curtails European Commission’s Expansion of Its Merger Control Powers

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The judgment rejects the European Commission’s expansive re-interpretation of the European Union Merger Regulation, stressing the need for legal certainty in line with the EU legislature’s intent....more

Goodwin

In a Landmark Judgment, Top European Court Curbs European Commission’s Ability to Review “Killer Acquisitions”

Goodwin on

On 3 September 2024, the European Court of Justice (ECJ) ruled that the European Commission (Commission) cannot encourage or accept referrals for below-threshold deals from national competition authorities if those...more

WilmerHale

Two Negatives Don’t Make a Positive: European Court Rules that European Commission Cannot Review Mergers That Are Not Reportable...

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In a landmark decision, the European Court of Justice (ECJ) has limited the European Commission’s (EC) ability to review mergers that fall outside thresholds at the EC level and in the Member States seeking to refer the...more

White & Case LLP

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

White & Case LLP on

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

WilmerHale

The EU Updates the Way It Defines Markets

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On February 8, 2024, the European Commission (Commission) adopted its revised Market Definition Notice (Notice), replacing a version that was nearly 30 years old. The Notice is not binding, but it provides guidance on how the...more

McDermott Will & Emery

International Legal Highlights | Winter 2023

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THE EUROPEAN COMMISSION PUBLISHES FINAL IMPLEMENTING REGULATION ON PROCEEDINGS PURSUANT TO THE FOREIGN SUBSIDIES REGULATION - On July 10, 2023, the European Commission (the “Commission”) published its final regulation for...more

White & Case LLP

Is Planet Merger Control becoming uninhabitable? - Observations on the increasingly shaky statics of international merger control

White & Case LLP on

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

WilmerHale

Unprecedented European Commission Order to Unwind an Acquisition

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On October 12, 2023, the European Commission (EC) ordered Illumina to unwind its already completed acquisition of the cancer-test provider GRAIL Inc. This is the first time that the EC has ordered a reversal of an...more

Skadden, Arps, Slate, Meagher & Flom LLP

Mandatory Notification Obligations Under the EU’s Foreign Subsidies Regulation Kick In: Are You Ready?

Skadden, Arps, Slate, Meagher & Flom LLP on

Starting today, October 12, 2023, the mandatory notification requirements under the EU’s Foreign Subsidies Regulation (FSR) apply. M&A deals involving businesses that (i) have been granted certain levels of financial support...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Informed Board Podcast | Will the EU’s Focus on Foreign Subsidies Make It More Difficult To Acquire European Businesses?

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Newly effective EU rules impose another layer of review for acquisitions in Europe. They empower the European Commission to investigate whether either the acquirer or target has received non-EU government subsidies that...more

WilmerHale

EU Foreign Subsidies Regime: Publication of Final Implementing Regulation

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The EU’s Foreign Subsidies Regulation (FSR) was adopted in late 2022. Its stated aim is to combat the effects of competitive distortions caused by foreign subsidies in the EU internal market and thereby level the playing...more

McDermott Will & Emery

The European Commission Publishes Final Implementing Regulation on Proceedings Pursuant to the Foreign Subsidies Regulation

McDermott Will & Emery on

Last Step Towards a New Regulatory Framework for M&A Transactions Within the European Union - On July 10, 2023, the European Commission (the “Commission”) published its final regulation for implementing the Foreign...more

Latham & Watkins LLP

The FSR Will Soon Apply: What Companies Need to Know

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The EU’s new regime for tackling foreign subsidies will kick in on 12 July 2023. On 10 July 2023, the European Commission (Commission) published the final text of the Implementing Regulation (Final IR) on proceedings...more

McDermott Will & Emery

EU Commission Adopts New Merger Simplification Package

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The EU Commission has adopted a legislative package to further streamline the simplified merger control procedures within the European Union - On April 20, 2023, the EU Commission (Commission) adopted and published a...more

A&O Shearman

European Commission streamlines merger review process

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The European Commission (EC) has been considering procedural amendments to the EU merger control rules since August 2016. It wants to simplify the review process for deals that are unlikely to raise antitrust concerns and to...more

WilmerHale

Keeping It Simple? EC Adopts Package to “Simplify” Merger Review

WilmerHale on

On 20 April 2023, the European Commission (EC) adopted a package of measures to “simplify” its merger control procedures. The reform expands the scope of the EU’s simplified merger control procedure, introduces a new...more

BCLP

The year ahead in Brussels - the European Commission’s expanding scrutiny of M&A

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As we enter 2023, the European Commission is redoubling its efforts to scrutinise transactions on a variety of bases. The focus has been on the digital sector for some time, but the impact of the Commission’s expanding...more

Morgan Lewis

Final Approval of the Foreign Subsidies Regulation

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The European Union’s Foreign Subsidies Regulation (FSR), published on December 23, 2022, entered into force on January 12, 2023. The FSR will apply with most of its provisions six months after its entry into force—i.e., on...more

Latham & Watkins LLP

European Scrutiny of Foreign Subsidies to Impact PE Deals

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A new regulation to control foreign subsidies could entail more complex, costly, and time-consuming deal clearances. European M&A is set to become more complex after the entry into force of the Foreign Subsidies...more

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