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Oct 22, 2024 | 
jdsupra.com | Niels Baeten |Giorgio Motta
The EU’s Foreign Subsidies Regulation (FSR) allows the European Commission (EC) to investigate and remedy subsidies received from non-European countries that distort the EU internal market. As the FSR marks its inaugural year of application, this briefing reports on key trends emerging from the initial deployment of the tool. For a more detailed summary of the legislation, see our 17 July 2023 client alert “EU Foreign Subsidies Regulation Goes Live: Key Implications for M&A Transactions”.
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Sep 27, 2024 | 
jdsupra.com | James Anderson |Niels Baeten |Nathaniel Carden
On September 10, 2024, the European Court of Justice (ECJ or Court) sided with the European Commission (Commission) and ruled that two Irish subsidiaries of Apple Inc. received unlawful state aid from Ireland in the form of a tax advantage (Case C-465/20 P). Ireland has reported that it will now finalise the recovery of approximately €14.1 billion from Apple, representing unpaid taxes and interest, which has been escrowed for the greater part of the past decade.
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Sep 26, 2024 | 
lexology.com | James Anderson |Niels Baeten |Nathaniel Carden |Giorgio Motta |Vanessa Johnson |Ketevan Zukakishvili
On September 10, 2024, the European Court of Justice (ECJ or Court) sided with the European Commission (Commission) and ruled that two Irish subsidiaries of Apple Inc. received unlawful state aid from Ireland in the form of a tax advantage (Case C-465/20 P). Ireland has reported that it will now finalise the recovery of approximately €14.1 billion from Apple, representing unpaid taxes and interest, which has been escrowed for the greater part of the past decade.
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Sep 9, 2024 | 
jdsupra.com | Niels Baeten |Bill Batchelor |Frederic Depoortere
On September 3, 2024, the European Union’s Court of Justice (ECJ) issued its highly anticipated judgment in the Illumina/Grail case (C-611/22 P and C-625/22 P) concerning the European Commission’s (EC’s) power to review transactions based on a referral by national competition authorities in the EU pursuant to Article 22 of the EU Merger Regulation (EUMR).
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Sep 2, 2024 | 
concurrences.com | Niels Baeten |Marta Hernández
On September 3, 2024, the European Union’s Court of Justice (ECJ) issued its highly anticipated judgment in the Illumina/Grail case (C-611/22 P and C-625/22 P) concerning the European Commission’s (EC’s) power to review transactions based on a referral by national competition authorities in the (…)
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Jun 24, 2024 | 
jdsupra.com | Niels Baeten |Bill Batchelor |Frederic Depoortere
Key PointsAs a new policy statement from the European Commission (EC) treats wage-fixing and no-poach agreements as inherently anticompetitive (restriction of competition “by object”) with few possible defences, companies should consider: Ensuring their compliance tools reflect the risks of wage-fixing and no-poach agreements. Refraining from agreements and information exchanges on wages, compensation or benefits.
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May 29, 2024 | 
jdsupra.com | Niels Baeten |Bill Batchelor |Frederic Depoortere
The United Kingdom’s Digital Markets, Competition and Consumers Act (the Act) received royal assent on 24 May 2024. The Act introduces wide-ranging amendments to the UK competition and consumer law regimes that expand the powers of the UK’s competition authority — the Competition and Markets Authority (CMA) — and significantly alter the merger control and antitrust investigation processes.
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May 29, 2024 | 
jdsupra.com | Niels Baeten |Bill Batchelor |Frederic Depoortere
The Digital Markets, Competition and Consumers Act (DMCC or the Act), adopted on 24 May 2024, empowers the Competition and Markets Authority (CMA) to regulate the conduct of major tech platforms. The CMA can designate companies with "Strategic Market Status" (SMS) if: their turnover exceeds certain thresholds, their digital activity is linked to the UK, and they have substantial and entrenched market power and a position of strategic significance.
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May 23, 2024 | 
concurrences.com | Niels Baeten |Bill Batchelor |Frederic Depoortere |Aurora Luoma
The United Kingdom’s Digital Markets, Competition and Consumers Act (the Act) received royal assent on 24 May 2024. The Act introduces wide-ranging amendments to the UK competition and consumer law regimes that expand the powers of the UK’s competition authority — the Competition and Markets Authority (CMA) — and significantly alter the merger control and antitrust investigation processes. Key amendments include:Merger control: New filing thresholds “for killer acquisitions” of nascent busi...
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May 2, 2024 | 
concurrences.com | Niels Baeten |Bill Batchelor |Frederic Depoortere |Aurora Luoma
As a new policy statement from the European Commission (EC) treats wage-fixing and no-poach agreements as inherently anticompetitive (restriction of competition “by object”) with few possible defences, companies should consider: Ensuring their compliance tools reflect the risks of wage-fixing and no-poach agreements. Refraining from agreements and information exchanges on wages, compensation or benefits.
