On 28 October 2020, the Antimonopoly Committee of Ukraine (the “AMC“) submitted to the Ukrainian Parliament the proposed amendments to the draft law introducing new merger filing thresholds in Ukraine. The amendments have been developed by the AMC in co-operation with competition law experts from the EU and the USA. According to the public statements…

EU FDI Screening Regulation: separating security from competition The Regulation 2019/452 establishing a framework for the screening of foreign direct investments into the Union (EU FDI Screening Regulation) was adopted on 19 March 2019 and became fully operational on 11 October 2020. Its adoption was prompted by the concerns of various stakeholders alleging the existence…

The judgment provides useful jurisdictional clarifications for deals involving joint ventures (JVs) acting as an acquirer. The General Court (GC) confirms that when the true players behind the transaction are the parent companies, rather than the JV — because they did the deal valuation, negotiated the transaction structure, and determined the purchase price — the…

EU FDI Screening Regulation: separating security and competition concerns Regulation 2019/452 establishing a framework for the screening of foreign direct investments into the Union (EU FDI Screening Regulation) was adopted on 19 March 2019 and will enter into force on 11 October 2020. Its adoption was prompted by the concerns of various stakeholders alleging the…

Antitrust lawyers often work under time pressure when assessing the relevant thresholds to determine where a merger filing must be submitted. They usually keep the requests concerning turnover to a minimum, because turnover is generally attributed to where the customer is located. However, if the parties are not familiar with the geographic allocation rules under…

On 23 July 2020, the French Competition Authority (FCA or Authority) published new merger control guidelines, which replace the previous guidelines dated 4 July 2013. In the new guidelines, the Authority clarifies and completes (i) the procedural rules and (ii) the rules relating to the substantive examination of a merger.   Key points The new…

A recent speech[1] by the European Commission’s (the Commission)’s Commissioner for Competition Margrethe Vestager (the Commissioner), on the 30th anniversary of the EU Merger Regulation (EUMR), praised it as having created “a better life for everyone”, “saved customers billions of euros each year” and, in “a matter of life and death”, ensured the continuation of…

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…

Introduction On 19 May 2020, the Act against undesired control in the telecom sector (“Act“) was adopted by the Dutch Parliament. The Act introduces a notification requirement applicable to anyone who has the intention to acquire ‘a controlling interest’ in a ‘telecom party’ if such interest results in ‘relevant influence’ in the telecom sector. If…

Under Swiss law, a proposed concentration triggers a mandatory pre-merger notification if one of the undertakings concerned was held dominant, irrespective of the statutory turnover thresholds. It was previously unclear whether this criterion had to be met at the time of signing or at the time of closing. The authority has now clarified this question….