News & Analysis as of

Merger Controls Jurisdiction

A&O Shearman

UK merger control to see faster reviews and clarified jurisdictional tests

A&O Shearman on

The Competition and Markets Authority (CMA) has launched a consultation on proposed changes to its mergers guidance on jurisdiction and procedure (CMA2) and its mergers notice template....more

Morrison & Foerster LLP

Illumina Grail: European Court Limits Commission Jurisdictional Reach in Merger Cases

The European Court of Justice (the ECJ), the EU’s highest court, has fully rejected the European Commission’s (the Commission) policy of interpreting Article 22 of the EU Merger Regulation (EUMR)[1] in a way that would allow...more

Latham & Watkins LLP

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

Latham & Watkins LLP on

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...

WilmerHale on

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

Alston & Bird

European Court of Justice Quashes the European Commission’s Policy to Declare Jurisdiction over Below-Threshold Mergers

Alston & Bird on

Our EU Antitrust Team discusses the European Court of Justice’s decision that restricts the European Commission’s jurisdiction to review below threshold mergers....more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Revamps Merger Control, Expanding CMA’s Jurisdiction and Making Procedures More Flexible

The United Kingdom’s Digital Markets, Competition and Consumers Act (the Act) received royal assent on 24 May 2024. The Act introduces wide-ranging amendments to the UK competition and consumer law regimes that expand the...more

BCLP

The Year Ahead for M&A Regulation in Brussels - BCLP’s Top 5 Things to Watch in 2024

BCLP on

2024 is shaping up to be a year of significant change in Brussels. European Parliamentary elections in June will be followed by the appointment of a new Commission in the autumn....more

TransPerfect Legal

Key Considerations for Managing Multijurisdictional Merger Review Proceedings

TransPerfect Legal on

During TransPerfect Legal’s third annual Antitrust Clearance and Merger Enforcement conference, a panel of leading antitrust attorneys shared their strategies for overcoming the challenges presented by multijurisdictional...more

Morgan Lewis

Cross-Border Collaborations: Key Pitfalls for Asian Life Sciences Companies and How to Avoid Them

Morgan Lewis on

Against the backdrop of a slower M&A market, collaborations between biotech companies and pharma companies have remained robust, particularly those focusing on innovation and collaboration for value creation. According to a...more

Hogan Lovells

SAMR delegates merger review powers

Hogan Lovells on

Yesterday, on 29 August 2022, clearance for the FAW/Refire joint venture transaction was announced on one of the websites of the Chinese antitrust authority – i.e., the State Administration for Market Regulation. That...more

Latham & Watkins LLP

China Amends Rules for Merger Control Filing and Review

Latham & Watkins LLP on

China is implementing multiple changes to its merger control procedures, following recent amendments to the country’s Anti-Monopoly Law. China’s Standing Committee of the National People’s Congress has amended the...more

A&O Shearman

CMA Merger Control Jurisdiction to be Expanded Further

A&O Shearman on

The U.K. Competition and Markets Authority (CMA) is expected to be granted wider jurisdictional powers for merger control enforcement in legislative proposals mentioned in today’s Queen’s Speech. The powers derive from the...more

White & Case LLP

South America: Overview of merger regimes

White & Case LLP on

An interactive guide to merger control activity in South America - Merger control in South America is on the rise, with many new jurisdictions having adopted and started to enforce stricter pre-closing merger control laws...more

A&O Shearman

Covid–19 coronavirus: global merger review (updated 13 November 2020)

A&O Shearman on

Merger review processes are being impacted worldwide as merger control authorities adapt to take account of the consequences of Covid-19. While critical transactions are likely to be reviewed, as far as possible, in...more

Hogan Lovells

Brexit and the transition period – implications for the EUMR's one-stop-shop

Hogan Lovells on

The UK's departure from the EU on 31 January has initiated an 11 month transition period, during which the application of EU competition law in the UK will remain largely unchanged.  Thus the EU rules governing mergers will...more

Latham & Watkins LLP

Deal Planning After Brexit - Merger Control Aspects

Latham & Watkins LLP on

What does the UK’s exit from the EU on 31 January mean for parties’ deal planning? Key Points: ..On 23 January 2020, the UK passed legislation to leave the EU on 31 January 2020 under the terms of the Withdrawal Agreement...more

WilmerHale

UK Competition Law Enforcement Merger Control and Brexit: What to Expect in a Deal-Based and No-Deal Brexit

WilmerHale on

The UK is scheduled to leave the EU in less than two months. It is unclear whether this will happen under the terms of a deal negotiated with the EU (a “deal-based” Brexit) or without a deal (“no-deal” Brexit). Under a...more

Latham & Watkins LLP

Corporates Must Evaluate M&A Competition Strategy Ahead of Brexit

Latham & Watkins LLP on

As the UK Competition and Markets Authority (CMA) prepares to assume sole jurisdiction for UK competition reviews post-Brexit, M&A deal teams must evaluate the competitive consequences of deals bridging the Brexit period and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Planning for Merger Reviews and Antitrust Inquiries in Case of a 'No-Deal' Brexit

As the U.K.’s March 29, 2019, exit date from the European Union approaches, companies involved in merger reviews or antitrust investigations should pre-emptively address the risk of a “no-deal” Brexit....more

McDermott Will & Emery

Five Things To Know About German Merger Control

McDermott Will & Emery on

As reported previously, German competition law was recently amended. The amendments included with the introduction of a “size of transaction”-threshold a notable change with respect to German merger control. The following is...more

A&O Shearman

Merger Control In The EU: The European Commission Extends Jurisdiction Over Transactions Involving Chinese SOEs

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Speed read - The European Commission took into account the revenues of all Chinese SOEs active in the energy industry to establish jurisdiction for merger control of a transaction....more

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