The EU Foreign Subsidies Regulation (FSR) gives the European Commission (the Commission) broad powers to investigate and remedy distortions of the European Union (EU) internal market caused by non-EU subsidies and subjects significant acquisitions and public tenders to a new EU notification and approval regime. The Commission’s publication of an implementing regulation (the Implementing Regulation)…

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…

            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…

The long-awaited European Court of Justice’s judgment in Towercast confirmed that national competition authorities (and national courts) can apply abuse of dominance rules to mergers that did not trigger EU and national merger control thresholds and were not referred to the European Commission under Article 22 of the EU Merger Regulation. However, uncertainties still remain….

Introduction On 24 March 2023, China’s antitrust authority – the State Administration for Market Regulation (“SAMR”) – issued four regulations implementing the recently amended Anti-Monopoly Law (“AML”): Regulation Prohibiting Monopoly Agreements (“Agreements Regulation”); Regulation Prohibiting Conduct Abusing a Dominant Market Position (“Abuse of Dominance Regulation”); Regulation on the Review of Concentrations between Business Operators (“Merger…

Are big companies necessarily bad? If they are, how can we ensure that companies do not become too big and too bad? How can markets remain free, fair and competitive? Competition law has tried to answer these questions for centuries, with the most recent debates revolving around the alleged anti-competitive conduct of large tech companies….

The European Union’s (EU’s) new Foreign Subsidies Regulation (FSR), entered into force on January 12, 2023.  The FSR creates a unique new quasi-antitrust regime to combat distortions of competition in the EU internal market caused by subsidies multinationals receive outside the EU.  It imposes new mandatory notification and approval requirements for acquisitions of significant EU…

In Turkey, a Phase II review takes 228 days on average, almost eight months from the day of merger notification. Although the Turkish Competition Authority (“TCA”) has prohibited only five proposed transactions during its 25-year tenure, both behavioural (11 cases) and structural remedies (15 cases) were imposed. The TCA conducted merger simulations in four cases,…

The European Commission has published a Frequently Asked Questions and Answers (“Q&A”) document which aims to provide practical information with respect to the application of its recently revised Article 22 referral policy. The Q&A in particular addresses how transaction parties can approach the EC for “early indications” whether a transaction is a candidate for referral…