Merger control

Enforcement, European Commission, Foreign subsidies, Foreign Subsidy Regulation, Merger control, Mergers, State aid, Subsidies

, , (Simmons & Simmons)/ /Leave a comment

With the introduction of the Foreign Subsidies Regulation (FSR), the European Union (EU) embarked on a new regulatory era. This landmark regulation aims at addressing the distortive effects of subsidies granted by foreign – non-EU – countries to companies operating within the EU, and ensuring a level playing field and fair competition across the internal…

Digital, Digital competition, Digital economy, Digital markets, Merger control, Mergers, United Kingdom

, , (White & Case) and (White & Case, Belgium)/ /Leave a comment

After years of planning and debate, the UK’s Digital Markets, Competition, and Consumers Act will come into force on 1 January 2025. This landmark legislation provides expanded powers to the CMA in respect of merger control, digital markets, competition and consumer protection.   The DMCC The Digital Markets, Competition and Consumers Act (DMCC) is the final…

Conference, European Commission, Foreign subsidies, Foreign Subsidy Regulation, Geopolitics, Merger control, Merger notification, Merger Thresholds, State aid, State owned enterprise (SOE), Subsidies, Tender, Trade Law

(Simmons & Simmons) and (University of Antwerp)/ /Leave a comment

Adopted in November 2022, the Foreign Subsidies Regulation (FSR) is the latest arrival in the EU competition toolbox. Having just celebrated its second anniversary and with a few cases under its belt, the FSR is still the object of much discussion and curiosity from practitioners and stakeholders. To contribute to this debate, an expert panel…

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…

Competition policy, European Commission, European Union, Guidelines, Killer acquisitions, Merger control

(Norton Rose Fulbright, Belgium) and , (Analysis Group)/ /1 Comment

Executive Vice President Vestager’s momentous tenure as Commissioner responsible for EU competition policy is nearing its end. EVP Vestager will leave her successor with a full agenda, including the first full-scale revamp of the Commission’s basic antitrust procedural rules in over 20 years, finalizing the controversial guidelines on exclusionary abuses under Article 102 TFEU and…

Commitments, Merger control, Türkiye

, , , (Gentemizer)/ /Leave a comment

Introduction There have been some exciting developments in Turkish competition law recently, not least of which was the Turkish Competition Board’s (“Board”) first-ever judgment on non-compliance with commitments. To recap, the Board approved the merger between Luxottica Group S.p.A. and Essilor International S.A. back in 2018, subject to behavioural and structural commitments. To review the…

Malta, Market definition, Merger control

(WH Partners)/ /Leave a comment

Malta’s Office for Competition (“the Office”) has issued a press release, noting that on the 18 September 2024, it issued a decision prohibiting the acquisition by Lidl Immobiliare Malta Limited (“Lidl”) of property owned by Said Investments Limited and leases belonging to another major supermarket chain on the island (“Scott’s”) bringing a tentative end to…

Competition policy, Czech Republic, Legislation, Merger control, Merger notification, National competition authorities (NCAs)

(Schoenherr)/ /Leave a comment

Introduction In the past two years, the Czech Competition Authority (CCA) added several new tools to its arsenal for competition enforcement. This year the CCA and the Government of the Czech Republic proposed another significant set of updates to the Czech Act No. 143/2001 Coll., on the Protection of Competition (the Act). Arguably, the most…

Germany, Merger control, Merger Thresholds, Transaction Value Threshold

, (Noerr)/ /Leave a comment

In its decision of 17 June 2024, the German Federal Cartel Office (FCO) has cleared the takeover of Olink Holding AB (publ), Sweden (“Olink”) by Thermo Fisher Scientific Inc., USA (“Thermo Fisher”) after an extensive review period exceeding five months (press release). This case marks a significant milestone as it is the first time that…

Canada, Merger control, Minority shareholding

, (Davies Ward Phillips & Vineberg LLP, Canada)/ /Leave a comment

Introduction On April 23, 2024, the Canadian Competition Bureau (Bureau) issued its report (Report) on the proposed acquisition of Viterra Limited (Viterra) by Bunge Limited (Bunge), concluding that the transaction (Proposed Transaction) is likely to result in substantial anticompetitive effects in certain agricultural markets in Canada. Bunge and Viterra are both multinational agribusiness companies. In…