Merger control

Artificial Intelligence, Digital, Digital competition, Digital markets, Digital Markets Act, European Champions, Merger control, Merger notification, Merger regulation, Mergers, OTA

(Open Markets Institute)/ /Leave a comment

Introduction On September 26th, the European Commission prohibited the acquisition of the online flight booking service eTraveli by Booking Holdings, the leading provider of online hotel bookings in the European Economic Area (EEA). The Commission argues that the acquisition would have strengthened Booking’s dominant position in the market for online hotel bookings by enabling it…

Merger control, Merger notification, Merger regulation, Merger Thresholds, Mergers, Morocco

(BREMER)/ /Leave a comment

Effective 24 May 2023 the Moroccan legislator introduced new, increased merger control notification thresholds. While the increase in notification thresholds is welcome, the more relevant change is that the new turnover thresholds always require that the parties have turnover in Moroccan. While this change does not entirely resolve existing problems with a lack of local…

India, Merger control, Merger fees, Merger notification, Merger regulation, Mergers

, , , (Khaitan & Co )/ /Leave a comment

The Indian merger control framework is governed by the Competition Act, 2002 (Act) and The Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011 (Combination Regulations). To re-align with evolving regulatory needs and streamline processes, Combination Regulations have been reformed periodically. Earlier this year, the Competition (Amendment)…

Competition, Competition enforcement, Dutch clause, Killer acquisitions, Merger control, Merger Thresholds

(College of Europe)/ /1 Comment

With the recent Autotalks referral request the European Commission’s new approach to the application of Article 22 of the EU Merger Regulation (EUMR) becomes ever more a regular feature of EU merger law. Nevertheless the Commission’s assertion of extended jurisdiction under Article 22 remains unlawful, unconstitutional, and ultimately unsustainable. Even though its new policy was…

Dutch clause, European Commission, Gun jumping, Merger control

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

The EC sets the highest possible fine of 10% of revenue on Illumina, and for the first time fines target (Grail), for gun-jumping, setting a precedent. On 12 July 2023, the European Commission imposed a fine of €432 million on Illumina (and €1,000 on Grail) for having implemented their merger before approval by the European…

Abuse of dominance, Concentrations, Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, Dutch clause, European Commission, Ex ante regulation, Merger control, Merger notification, National competition authorities (NCAs), Platforms

(University Villanueva, Spain)/ /Leave a comment

On 14 July 2023, the European Commission launched its second template relating to the gatekeeper’s compliance with Article 14 of the DMA (the Template), i.e., their obligation to inform about any intended concentration involving core platform services or any other services in the digital sector or enabling the collection of data (Article 14(1) of the…

Digital, Digital economy, Merger control, Merger regulation, Merger Thresholds, United Kingdom

(Arthur Cox)/ /Leave a comment

This article discusses how the CMA has reached a ‘tipping point’ in ‘Big Tech’ merger enforcement, what the Competition Appeals Tribunal could do in Microsoft v Competition and Markets Authority to recentre and refocus the CMA’s work, and why this all matters to digital markets, and beyond.                …

Digital competition, Digital economy, Digital markets, India, Merger control, Merger Thresholds

(Guru Nanak Dev University)/ /Leave a comment

India is the third largest start-up ecosystem in the world with multiple firms operating across different sectors in the country. In 2022, Indian start-ups raised nearly USD 24 billion, more than twice the funds raised in 2020 (USD 10.9 billion) and 2019 (USD 12.8 billion), despite the challenging market conditions. The top five sectors that…

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

, (White & Case) and (White & Case, Belgium)/ /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…

Competition law, European Union, Merger control, Mergers, Simplification package

, , (Kirkland & Ellis, Belgium)/ /1 Comment

            On 20 April 2023 the EU Commission adopted a new legislative package aimed at simplifying its procedures for reviewing transactions under EU merger control rules. Under the new rules the Commission seeks to assess more cases under the simplified procedure and reduce overall reporting requirements by 25%. The new…