Art. 22

Art. 22, Competition policy, European Commission, Guidance, Killer acquisitions, Merger control, Mergers

(Norton Rose Fulbright, Belgium) and , (Analysis Group)/ /Leave a comment

With the new European Commission (Commission) confirmed, European Union (EU) competition policy will be directed through 2029 by Teresa Ribera Rodríguez as the Executive Vice President (EVP) for a Clean, Just and Competitive Transition from December 2024. EVP Ribera would have her hands full simply continuing the work started by outgoing EVP Vestager, including the…

AI, Art. 22, Italy, Killer acquisitions, Mergers

(University of Antwerp) and (Bocconi University)/ /Leave a comment

Introduction The European Commission is assessing the acquisition of Israeli startup Run:ai by the US tech giant Nvidia upon referral from the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, AGCM) under Art. 22(1) EUMR. The case is of particular interest, as it raises question of both legal and policy nature. On the…

Art. 22, Competition policy, Killer acquisitions, National competition authorities (NCAs)

(College of Europe)/ /Leave a comment

Introduction Following the CJEU Illumina/Grail ruling the case here is made for the Commission to negotiate with the national competition authorities (NCAs) to adopt a common approach to dealing with so-called ‘killer acquisitions’ both substantively and procedurally. The concept here would be for the Commission and the NCAs to negotiate a common network notice which…

Art. 22, European Commission, Guidance, Innovation, Market definition, Merger control, Merger regulation, Merger Thresholds, Sustainability

(Norton Rose Fulbright, Belgium)/ /Leave a comment

Many of the most challenging transactions reviewed under the EU Merger Regulation (EUMR) in recent years involved their likely effects on non-price competitive factors: innovation; quality and product differentiation; data protection and privacy; sustainability; and capacity and reliability of supply.  These topics are discussed briefly, or not at all, in the Commission’s guidelines on the…

Advocate General, Art. 22, Merger regulation, Merger Thresholds, Mergers

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Introduction On March 21st Advocate General Emiliou handed down his Opinion in Joined Cases C-611/22P and C-625/22P, respectively Illumina Inc. v. European Commission and Grail LLC, and Illumina Inc. v. European Commission. One can argue that the Emiliou Opinion is an exercise in throwing the proverbial kitchen sink at the position of the European Commission…