On 29 June 2020, the European Commission (“EC”) adopted a third amendment to the Temporary Framework of 19 March 2020 (“Temporary Framework”) to extend the options available to Member State governments seeking to support their economies further. Specifically, the assistance covers aid for smaller companies as well as means of encouraging additional investment from the…

1.  Overview On 17 June 2020, the European Commission (“EC”) issued a White Paper consulting on “Levelling the Playing Field as regards Foreign Subsidies”. These are major new proposals to protect EU companies against perceived unfair advantage from companies benefitting from subsidies from non-EU States. Countries such as China and Russia have already reacted to…

By Paula Riedel, Thomas Wilson, Athina Van Melkebeke (Kirkland & Ellis)/12 June 2020 In May 2016, the European Commission (“Commission”) blocked CK Hutchison’s (“Hutchison”) £10.25 billion acquisition of Telefónica UK (“O2”).[1] The Commission had previously cleared a series of “4-to-3” telecoms mergers across Europe, subject to increasingly far-reaching remedies.[2] Specific features of the UK mobile…

The EU Commission (“EC”) has, for the second time, expanded its Temporary Framework of 19 March 2020 (“Temporary Framework”) to provide national governments with further guidance and additional tools to support distressed companies amidst the economic fallout of the COVID-19 crisis. As noted in our last blog post covering the first amendment to the Temporary…

Our previous blog post covered the EU Commission’s (“EC”) Temporary Framework of 19 March 2020 (“Temporary Framework”), which aims at enabling national governments to use the full flexibility of State aid rules to support the economy in the context of the COVID-19 outbreak. Since the adoption of the Temporary Framework a number of Member States…

Overview Given the unprecedented challenge faced by European businesses in the wake of the public health measures being adopted, the EU and its Member States are taking extraordinary measures to minimise the economic fallout from COVID-19. Over the coming weeks, Member States will make available billions in financial aid an in a speech on 13…

Most competition authorities have a preference for structural remedies in merger cases in the form of divestitures while behavioural remedies are used less frequently. The below blog post analyses whether the historical bias of behavioural remedies is still warranted or whether it is time that authorities take a more flexible and differentiated approach when considering…

In M&A transactions, the assessment of foreign investment filings routinely needs to be part of the diligence, including for industries that, at first glance, do not appear to be the most critical ones from a national security standpoint (e.g. consumer goods, dating apps, base chemicals and healthcare products). One of the challenges for companies and advisors is that new foreign investment regimes are…

Common ownership currently is one of the focus topics in the antitrust community. Einer Elhauge, a Harvard Law professor, has called it the “greatest anticompetitive threat of our times”. Others believe that there is no issue at all. The below gives an overview on the status of the debate and analyses the recent EU Commission…

Gun-jumping is a “hot topic” and increasingly on the radar of competition authorities in Europe and across the globe.  As part of the OECD roundtable discussions, the European Union (and a number of other countries) recently submitted a note on the suspensory effects of merger notifications and gun-jumping (Article 7 of the EU Merger Regulation…