When, why, and on what evidence can a competition regulator in one jurisdiction push for divestments in global deals? An increasingly active UK Competition and Markets Authority (“CMA”) has been making its presence known, not least in technology mergers. This blog post will review core questions from Meta/Giphy relevant to advising on UK merger clearance…
In the last couple of months alone, the Serbian national competition authority (NCA) has started as many as three new gun-jumping investigations. The investigations relate to transactions which parties failed to notify in Serbia even though the Serbian merger filing thresholds were apparently exceeded. On surface, this may indicate an increased risk for parties who…
On November 17, 2022, Canada’s federal Minister of Innovation, Science and Industry formally announced that the federal government is launching a comprehensive review of the Competition Act (Act) and Canadian competition policy. This announcement follows through on the Minister’s previous indications that significant reforms were in the works, and comes after the government enacted more…
In the last edition of the International Law Talk Podcast, I had the pleasure to interview Jay Modrall on the Illumina/Grail saga. Jay talks us through the whole case with all its interesting aspects: external and internal dimensions, article 22 referrals, gun-jumping, phase II, court proceedings, substantive issues with competition innovation and much more. Listen…
Advocate General Kokott has found [1] that the General Court erred in law in requiring the European Commission to show anti-competitive effects of a merger with “strong probability” and that the scope of its judicial review was overly broad, notably in relation to economic evidence. Key takeaways This case will give the Court of…
Advocate General Juliane Kokott has proposed that the EU Court of Justice should find that competition authorities have the power to apply Article 102 TFEU to corporate transactions that are not reportable and test under that provision whether the transaction as such constitutes an abuse of a dominant position. However, a competition authority cannot in…
Introduction The substantial rules of the Turkish merger control are taken from the corresponding EU provisions. The amendments to the Turkish Competition Law in 2020 introduced the SIEC test to improve the concentration control regime and harmonize it with the EU rules even further. The amended Merger Communique in 2022 revised the thresholds as a…
Background Amazon.com Inc. recently approached the Supreme Court against the decision of the National Company Law Appellate Tribunal (NCLAT), where the Tribunal affirmed the ruling of the Competition Commission of India (CCI). The impugned decision of the Tribunal upheld the penalty order against Amazon.com, on the basis of non-disclosure and suppression of material information in…
As in most jurisdictions, the Portuguese Competition Act (‘PCAct’) provides for an ex-ante merger control regime, according to which concentrations above certain thresholds are subject to mandatory pre-notification. Three alternative thresholds apply i) a turnover threshold, ii) a standard market share threshold and iii) a de minimis market share threshold (see Article 37 of the PCAct)….
According to Wikipedia, the term “filicide” refers to a deliberate act of a parent killing their own child. As awful as that sounds, in corporate life it is pretty common for undertakings to divest, diminish, or discontinue entire product lines, services, distribution chains, or complementary divisions of work. This is often done as a response…
