Merger control

China, Gun jumping, Merger control

(University of Macau)/ /Leave a comment

On 12 March 2021, the State Administration for Market Regulation (SAMR), China’s competition authority responsible for the enforcement of the Anti-Monopoly Law (AML), has announced ten decisions imposing maximum fines for the failure to notify economic concentrations under the applicable merger control rules. The sanctions targeted China’s leading tech companies, which have been recently subjected…

Gun jumping, Merger control, Turnover allocation, Ukraine

, (Asters)/ /Leave a comment

On 21 January 2021, the Ukrainian Supreme Court (Supreme Court) annulled one of the highest fines of the Antimonopoly Committee of Ukraine (AMC) for gun-jumping. The judgement upheld the lower courts’ decisions, which in turn quashed the AMC’s 2019 decision to impose approx. EUR 1.9 million on a Ukrainian group subsidiary for the acquisition of…

European Union, Four-to-three Merger, Merger control, Telecommunications

(White & Case)/ /Leave a comment

The General Court’s judgment in CK Telecoms[1] annulling the European Commission’s (“Commission”) 2016 prohibition decision of the UK mobile merger raised quite a bit of interest beyond the Brussels competition bar, particularly with European telecom companies, who have long argued that the Commission has taken a far too strict stance on in-country market consolidation. Mobile…

Anticompetitive agreements, Competition policy, European Commission, European Union, Germany, Greece, Green Deal, Merger control, Netherlands, OECD, State aid, Sustainability

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

A February 4 conference on competition policy and the Green Deal sponsored by the European Commission’s (the Commission’s) Directorate-General for Competition (DG COMP) highlighted the divergences of opinions among antitrust officials and other stakeholders on how competition policy should support sustainability objectives.  DG COMP aims to take a leading role on sustainability issues; its October-November…

Brexit, Foreign direct investment, Merger control, Merger Thresholds, Mergers, Podcast

(University of Vienna, Austria)/ /Leave a comment

We are continuing with our competition law issues of the International Law Talk Podcast. Two weeks ago, I talked to Oliver Bretz, founding partner at Euclid Law and a merger expert, about the fragmentation of EU merger control. We focused particularly on the changes in the EU one-stop-systems through Brexit, the increasing use of EU…

Ireland, Merger control

, (McCann FitzGerald)/ /Leave a comment

5 Key Takeaways More Deals Take Longer More deals than ever before involved extended CCPC reviews.  Of 42 deals notified, 10 involved merger review delays of at least 3 months.  Two “Phase 2” reviews, both on going as of 15/01/2021, have each taken 11 months already.  According to the CCPC, this trend reflects “the complex…

Abuse of dominance, Antitrust, Cartels, Competition, Competition enforcement, Competition Law 2020, Competition policy, Concentrations, COVID-19, Damages, Digital competition, Germany, Merger control

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

Despite the pandemic, 2020 has been a very busy year for the Federal Cartel Office (“FCO”) and courts in the field of competition law in Germany.  The following is merely a selection of interesting developments.  It does not include the recently adopted reform of the Competition Act, which merits its own blog. Generally, the FCO…

Brexit, Merger control, United Kingdom

(Norton Rose Fulbright, Belgium)/ /1 Comment

The December 24 announcement that the European Union (EU) and the United Kingdom (UK) had reached an agreement in principle on a new Trade and Cooperation Agreement (the TCA) was greeted with sighs of relief on both sides of the Channel.  For competition lawyers and parties engaged in M&A activities, however, the work of clarifying…

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…