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European Commission Acquisitions Corporate Counsel

Axinn, Veltrop & Harkrider LLP

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

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

Wilson Sonsini Goodrich & Rosati

European Antitrust Bimonthly Bulletin – September/October 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

K&L Gates LLP

Encouraging Signs From the European Commission's First Conditional Clearance of an Acquisition Under the Foreign Subsidies...

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The Foreign Subsidies Regulation that entered into full effect late in 2023, added a third layer of regulatory scrutiny for large European Union (EU) Mergers and Acquisitions, in addition to merger control and foreign...more

White & Case LLP

The EC sheds light on the key concept of distortion under the EU Foreign Subsidies Regulation

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The European Commission (EC) has issued preliminary clarifications concerning the distortion test under the new Foreign Subsidies Regulation (FSR). These preliminary clarifications come only a year after the FSR came into...more

Morgan Lewis

EU Launches Two More In-Depth Investigations Under Foreign Subsidies Regulation

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Just months after its first investigation under the Foreign Subsidies Regulation of Chinese train maker CRRC Corp. (see our LawFlash here), the European Commission has targeted two more companies participating in an EU...more

Wilson Sonsini Goodrich & Rosati

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

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

Sheppard Mullin Richter & Hampton LLP

The EU Commission Gets Serious About Foreign Direct Investment Screening

As part of its European Economic Security Package, the European Commission (‘Commission’) has recently proposed a number of legislative proposals and White Papers intended to better protect Europe’s strategic interests...more

Morgan Lewis

Global Cartel Enforcement Report 2023

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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

White & Case LLP

Gun-jumping in M&A – ECJ confirms the possibility of two separate fines for gun-jumping and the European Commission’s broad...

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On 9 November 2023, the European Court of Justice ("ECJ") confirmed that the European Commission ("EC") was right to impose two separate fines on Altice for breaching standstill rules and failing to notify its acquisition of...more

Wilson Sonsini Goodrich & Rosati

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

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

Hogan Lovells

Shots fired – AG Opinion supports enforcement of record EU ‘gun-jumping’ fine

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An EU Advocate General has advised that an appeal brought by Altice should be dismissed in its entirety – in effect confirming the validity of a 2018 European Commission decision imposing a record fine on Altice for breaching...more

White & Case LLP

The EU adopts the long-awaited Foreign Subsidies Regulation

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On 28 November 2022, the EU adopted the Foreign Subsidies Regulation, giving the European Commission powers to intervene to tackle foreign subsidies distorting competition in the EU internal market. The FSR, due to apply by...more

Morrison & Foerster LLP

The EU Digital Markets Act – The Holy Grail of Big Tech Regulation?

On July 18, 2022, the European Council formally adopted the “Regulation on contestable and fair markets in the digital sector”, also referred to as the “Digital Markets Act” or “DMA”. This marks the final step for this new...more

White & Case LLP

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

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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

A&O Shearman

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

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On 18 May 2022, the European General Court rejected Canon’s appeal against a €28 million fine imposed by the European Commission in 2019 for its breach of EU gun-jumping rules, just a few months after a similar judgment,...more

McDermott Will & Schulte

Digital Markets Act Now Firmly on its Way

On March 24, 2022 the Council of the EU and the European Parliament reached political agreement on the “Regulation of the European Parliament and of the Council on contestable and fair markets in the digital sector” (Digital...more

Skadden, Arps, Slate, Meagher & Flom LLP

Revised Merger Assessment Guidelines Codify UK Interventionist Approach to Dynamic Markets

The U.K.’s Competition & Markets Authority (CMA) has released new merger assessment guidelines that confirm the U.K. regulator’s intensified approach to merger control.1 The guidelines largely codify the CMA’s recent output,...more

TransPerfect Legal

Trends in Merger Control and Competition: The In-House Perspective

TransPerfect Legal on

On 26 January, 2021, TransPerfect Legal Solutions (TLS) kicked off a virtual conference on EU and UK competition regulation. This article is the third of a three-part series highlighting the major takeaways from each session...more

BCLP

EU M&A Regulation is getting tougher – what you need to know in 2020 and beyond

BCLP on

The COVID-19 pandemic has made 2020 a difficult year for many companies looking to do deals. Competition agencies and other government regulators have in many cases slowed down their timeframes or even refused to accept...more

Skadden, Arps, Slate, Meagher & Flom LLP

Crisis Prompts European Countries To Step Up Protections Against Foreign M&A

The coronavirus pandemic has weakened European economies and companies. EU and national governments have expressed concern that foreign investors may opportunistically take advantage of the crisis to acquire domestic...more

White & Case LLP

A Re-awakening of the Failing Firm Defence in the EU in the Aftermath of COVID-19?

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White & Case LLP argued the last successful fully-fledged "failing firm defence" case in Aegean/Olympic II in 2013. Our lawyers Assimakis Komninos and Jan Jeram, who acted in that case, with the help of Iakovos Sarmas1,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Planning for Merger Reviews and Antitrust Investigations Under the Brexit Withdrawal Agreement

The U.K. Competition and Markets Authority (CMA) has published “Guidance on the Functions of the CMA Under the Withdrawal Agreement” (Guidance), which sets out the regulator’s approach to merger and competition cases during...more

Latham & Watkins LLP

Protect Your Antitrust Privilege — Why M&A Dealmakers Must Take a Strategic Approach to Privilege

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Companies must mitigate risks to antitrust privilege posed by cross-border megadeals and increased regulatory demand for documentation. A strong M&A market has driven a high volume of megadeals across the globe in recent...more

A&O Shearman

European Commission Imposes Fine on Canon for Gun-Jumping

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On 27 June 2019 the European Commission imposed a fine of €28 million on the Japanese imaging and optical products manufacturer Canon for “gun-jumping” by using a warehousing structure in its 2016 acquisition of Toshiba...more

Wilson Sonsini Goodrich & Rosati

Another Shot Across the Bows: EC Levies $32 Million Gun-Jumping Fine on Canon

As the time taken to secure merger control clearances for global transactions lengthens, the parties and their advisers may be tempted to explore alternative deal structures that might allow a transaction to close sooner than...more

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