On September 6, 2022, the European Commission (Commission) announced that it had prohibited the acquisition by Illumina Inc., a U.S company supplying sequencing- and array-based solutions for genetic and genomic analysis, of Grail LLC, another U.S. company that develops blood tests for the early detection of cancers, under the EU Merger Regulation (EUMR).  Grail has…

Regulation 2019/452 (as amended, the FDI Regulation) inserted the European Commission (the Commission) into a hitherto jealously guarded area of EU Member State authority – screening of foreign direct investment (FDI) for threats to security and public order.  The FDI Regulation sets out minimum requirements for Member States’ FDI screening regimes and a mechanism for…

On June 30, in the final hours of the French Presidency, the European Council and the European Parliament announced agreement on a regulation on distortive foreign subsidies (the Foreign Subsidy Regulation, or FSR).  The FSR creates a unique new antitrust regime to combat distortions of competition in the European Union (EU) caused by subsidies multinationals…

Exactly one year after the European Commission (Commission) proposed the Anti-Subsidy Regulation (the Regulation) (discussed on KCLB already here and here), on May 5, 2022, EU legislators launched their “trilogue” negotiations to reach an agreement on the final text. The Regulation is a global first. It combines elements of traditional merger control, EU State aid review…

In the coming years, data collected by vehicles will be subject to a new EU regulatory regime consisting of horizontal rules applicable across many industries and vertical rules designed specifically for the automotive sector.  In February 2022, the EU Commission adopted a proposal for a new Data Act, which is currently working its way through…

On 23 February 2022, the EU Commission published its long-awaited Data Act, the last major building block of the Commission’s February 2020 Data Strategy.  The Data Act Is an ambitious piece of legislation with implications for consumers and businesses across the economy, not limited to the technology sector.   The act aims to facilitate access to…

Regulation 2019/452 (as amended, the FDI Regulation) inserted the European Commission (the Commission) into a hitherto jealously guarded area of EU Member State authority – screening of foreign direct investment (FDI) for threats to security and public order.  The FDI Regulation set out minimum requirements for Member States’ FDI screening mechanisms and a mechanism for…

In many jurisdictions, antitrust authorities enforce not only antitrust and competition laws, but also consumer protection rules, which may apply to similar conduct.  Not so in the European Union (EU).  The European Commission’s (Commission’s) Directorate-General for Competition (DG COMP) enforces EU antitrust rules alongside Member State authorities, coordinating their activities through the European Competition Network…

The European Union (EU) is readying revolutionary new powers for the European Commission (the Commission) to combat distortions of competition resulting from subsidies from non-EU governments.  The new regime, laid out in a proposed regulation (the Anti-Subsidy Regulation) published in May 2021, could be in effect as soon as mid-2023.  The regulation includes new mandatory notification…

The European Commission’s 254-page decision approving Google’s acquisition of Fitbit (the “Decision”) offered the Commission a so-far unique opportunity to apply the 2019 report on “Competition policy for the digital era’s” (the “Digital Era Report’s”) recommendation to assess acquisitions by “gatekeeper platforms” of much smaller companies active in complementary markets using an “ecosystem” approach.  Google/Fitbit…