Jia Liu, Author at Kluwer Competition Law Blog

European Commission, European Court of Justice, General Court of the European Union, Gun jumping, Merger control, Merger notification, Merger regulation, Merger Thresholds, Mergers

Gun-Jumping in M&A – ECJ Confirms the Possibility of Two Separate Fines for Gun-Jumping and the European Commission’s Broad Interpretation of What Constitutes Gun-Jumping (Altice)

Michael Engel, Tilman Kuhn, Jia Liu (White & Case)/November 30, 2023November 29, 2023 /Leave a comment

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 PT Portugal, but lowered the fine for failure to notify by €3.1 million. The European Union (EU) merger control…

European Commission, European Union, Foreign subsidies, Foreign Subsidy Regulation, Merger notification, Mergers

Five Things Funds Need to Know About the Foreign Subsidies Regulation

James Killick, Axel Schulz, Strati Sakellariou-Witt, Irina Trichkovska, Marc Israel, Jérémie Marthan, Jean-Luc Champy, Kate Kelliher, Nina Frie, Jia Liu (White & Case)/July 26, 2023July 21, 2023 /Leave a comment

The EU Foreign Subsidies Regulation took effect on 12 July 2023 to much fanfare. We take a look at the top five things PE funds need to know when considering acquisitions with a European footprint. The Foreign Subsidies Regulation (“FSR”) is the European Commission’s attempt to level the playing field for M&A deals by creating…

Advocate General, Gun jumping, Merger control, Merger regulation, Mergers

ECJ Advocate General Supports the European Commission’s Broad Interpretation of Gun-Jumping and The Importance of Deterrence in Fine Setting

Tilman Kuhn, Jia Liu (White & Case) and Peter Citron (Editor) (White & Case, Belgium)/May 16, 2023May 15, 2023 /2 Comments

Advocate General Anthony Michael Collins has proposed that the European Court of Justice upheld the General Court’s Altice judgment. In his Opinion, he considered that entering into certain types of pre-closing covenants by an acquirer may constitute gun-jumping, regardless of the absence of the transfer of shares. AG Collins emphasised the importance of deterrence when…

Digital markets, European Commission, Evidence, Innovation, Market definition, Platforms

New and Signficantly Expanded EU Guidance on Market Definition – The European Commission Launches a Consultation on its Draft Revised Market Definition Notice

Jérémie Marthan, Tilman Kuhn, Giulio Preti, Jia Liu (White & Case)/November 25, 2022November 25, 2022 /Leave a comment

On 8 November 2022, the European Commission launched a public consultation on its draft revised Market Definition Notice. The new Notice provides detailed explanatory guidance based on the recent case law of the European Commission and the European Court of Justice. It takes into account the latest market developments, in particular, competition on non-price elements…