Merger control

European Commission, Foreign direct investment, Foreign investment, Hungary, Merger control, Mergers

(Pérez-Llorca, Spain) and (Pérez-Llorca)/ /Leave a comment

Background The recent proliferation of foreign direct investment regimes (“FDI”) in Europe baffles practitioners and deal makers alike.  Why is my acquisition of, say, a developer of grapes in Spain potentially subject to CFIUS-like rules?  Can my carefully crafted leveraged buyout of a niche Polish producer of NFTs derail out of national security concerns because…

European Union, Merger control

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

On 13 July 2022, the General Court of the European Union confirmed the European Commission’s jurisdiction to review the Illumina/Grail transaction following a referral pursuant to Article 22 EUMR. The judgment is an important endorsement of the EC’s recent change in its Article 22 referral policy, and may embolden the EC to call in for…

Competition law, ECN, Gun jumping, Ireland, Leniency, Merger control

(DLA Piper Ireland)/ /Leave a comment

On 29 June 2022, Ireland enacted major reforms to its Competition Act.  These changes will impact on all sectors across the Irish economy, with potential target industries such as Life Sciences, Energy, Technology and Consumer Goods facing increased scrutiny – particularly as Ireland is a key HQ location for EMEA operations.  While the reforms belatedly…

European Union, General Court of the European Union, Gun jumping, Merger control

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

On 18 May 2022, the EU General Court (the “GC”) upheld the European Commission’s (the “EC”) €28 million fine imposed on Canon for gun-jumping in the context of a (somewhat unique) so-called warehousing structure. The judgment confirms that structures such as the one at issue are not allowed under EU law without an express derogation…

Exemptions, Gun jumping, Merger control, Russia, Ukraine

, (Arzinger) and (E+H Attorneys-at-Law)/ /Leave a comment

On 24 February 2022, the Parliament of Ukraine, in connection with the large-scale military aggression of the Russian Federation against Ukraine, approved a decree of the President of Ukraine on the imposition of martial law in the country. The military aggression has significantly affected the activities of most public authorities in Ukraine, including the Ukrainian…

European Union, Foreign subsidies, Merger control, State aid, State owned enterprise (SOE), Subsidies, Trade Law

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

Exactly one year after the European Commission (Commission) proposed the Anti-Subsidy Regulation (the Regulation) (discussed on KCLB already here and here), on May 5, 2022, EU legislators launched their “trilogue” negotiations to reach an agreement on the final text. The Regulation is a global first. It combines elements of traditional merger control, EU State aid review…

Abuse of dominance, Canada, Cartels, Competition law, Merger control

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

In February 2022, Canada’s Minister of Innovation, Science and Economic Development announced that the Canadian government was evaluating ways to improve the operation of Canada’s Competition Act (Act). The Minister said that changes would be made in multiple stages, with some initial amendments to be proposed in the following months that would have “an immediate…

Diversity, Merger control, South Africa

(Werksmans)/ /Leave a comment

One of the purposes of the South African Competition Act is stated in the Act to be to “promote a greater spread of ownership, in particular, to increase the ownership stakes of historically disadvantaged persons”. The term “historically disadvantaged persons” (“HDPs”) is effectively defined in the Act as non-white South Africans and firms which are…

Competition law, ECN, European Union, Exemptions, Merger control, Russia, State aid, Ukraine

(College of Europe)/ /Leave a comment

On 24 February 2022, Russia invaded the territory of Ukraine and triggered the largest European war since 1945. The war has led to unprecedented loss of human lives and the biggest refugee crisis since World Word II, according to the UNHCR. At this stage, the economic impact of the war is difficult to predict. Some…

Competition Law 2021, Damages, Digital economy, Dominance, Enforcement, Germany, Horizontal, Judicial review, Litigation, Merger control, Online platforms, Price fixing, Rebates, Uncategorized

(Heinz & Zagrosek Partner mbB, Germany)/ /Leave a comment

The following is a selection of some of the most important developments in German competition law and policy in 2021.  It has been a busy year for the Federal Cartel Office (“FCO”), inter alia because the new rules for digital companies took effect.  The following covers cases under these new rules, abuse of dominance, merger…