Merger control

Antitrust, Digital economy, European Commission, European Court of Auditors, European Union, Merger control

(Loyens & Loeff, Netherlands) and (Loyens & Loeff)/ /Leave a comment

The Court of Auditors believes that the introduction of new instruments should go hand in hand with stricter enforcement of existing instruments In a Special Report published on 19 November 2020, the European Court of Auditors (the ‘Court’) makes a plea for more stringent enforcement of EU competition policy. The Special Report comes at a…

Brexit, European Union, Merger control, United Kingdom

(Baker McKenzie, Belgium)/ /1 Comment

On 2 December 2020, the European Commission published a Notice to Stakeholders on Brexit and EU competition law.[1]  It essentially reflects the UK position as set out in CMA guidance published on 1 December 2020.[2] These papers are equivalent to the divorce papers governing the children’s custody. Who has the kids and when over the…

Ecuador, Merger control, Restriction by object

(Pérez Bustamante & Ponce)/ /Leave a comment

Last week (November 17, 2020), Ecuador’s Executive Branch issued the second package of reforms to its competition regime this year (Executive Decree 1193). The two main changes have to do with merger control and with restrictions ‘by object’. Following last April’s implementation of an expedited concentration procedure, the new reform now seeks to reduce the…

European Commission, European Court of Auditors, European Union, Merger control, Merger fees

(Baker McKenzie, Belgium)/ /1 Comment

The European Court of Auditors’ Special Report published on 19 November 2020 is an interesting read for a dark COVID winter evening: “The Commission’s EU merger control and antitrust proceedings: a need to scale up market oversight“.[1] In respect of merger control, the Report (and the European Commission’s Response to the ECA contained in it)…

Competition proceedings, Georgia, Legislation, Merger control

(University of Oxford)/ /Leave a comment

Recently, after almost 15 months of discussions, the Parliament of Georgia adopted a comprehensive set of amendments to the Law on Competition (hereinafter – “LC”). Prepared within the framework of the EU-funded technical assistance project “Support to the Georgian Competition Agency”, these amendments are aimed at enhancing the effectiveness of Georgia’s competition framework and thereby…

Merger control, Merger Thresholds, Turnover thresholds, Ukraine

, (Redcliffe Partners)/ /Leave a comment

On 28 October 2020, the Antimonopoly Committee of Ukraine (the “AMC“) submitted to the Ukrainian Parliament the proposed amendments to the draft law introducing new merger filing thresholds in Ukraine. The amendments have been developed by the AMC in co-operation with competition law experts from the EU and the USA. According to the public statements…

Foreign direct investment, Merger control, National competition authorities (NCAs), Romania

(University of Macau)/ /Leave a comment

EU FDI Screening Regulation: separating security from competition The Regulation 2019/452 establishing a framework for the screening of foreign direct investments into the Union (EU FDI Screening Regulation) was adopted on 19 March 2019 and became fully operational on 11 October 2020. Its adoption was prompted by the concerns of various stakeholders alleging the existence…

European Union, General Court of the European Union, Joint ventures, Market definition, Merger control, Remedies, Turnover thresholds

(Latham & Watkins LLP)/ /1 Comment

The judgment provides useful jurisdictional clarifications for deals involving joint ventures (JVs) acting as an acquirer. The General Court (GC) confirms that when the true players behind the transaction are the parent companies, rather than the JV — because they did the deal valuation, negotiated the transaction structure, and determined the purchase price — the…

Foreign direct investment, Merger control, National competition authorities (NCAs), Poland

(University of Macau)/ /Leave a comment

EU FDI Screening Regulation: separating security and competition concerns Regulation 2019/452 establishing a framework for the screening of foreign direct investments into the Union (EU FDI Screening Regulation) was adopted on 19 March 2019 and will enter into force on 11 October 2020. Its adoption was prompted by the concerns of various stakeholders alleging the…

Austria, Gun jumping, Merger control, National court, Turnover allocation, Turnover thresholds

(E+H Attorneys-at-Law) and (EISENBERGER & HERZOG Rechtsanwalts GmbH)/ /Leave a comment

Antitrust lawyers often work under time pressure when assessing the relevant thresholds to determine where a merger filing must be submitted. They usually keep the requests concerning turnover to a minimum, because turnover is generally attributed to where the customer is located. However, if the parties are not familiar with the geographic allocation rules under…