Illumina challenges the European Commission’s new approach on merger case referrals: lessons for M&A deals

    The Illumina/GRAIL case saga continues.  As we reported in our previous briefing, the Illumina / GRAIL deal provides the first illustrative example of the European Commission’s (‘Commission‘) new approach to try and “catch” transactions using the referral mechanism in Article 22 EU Merger Regulation (‘EUMR‘) that would otherwise fall below the EUMR turnover thresholds. Under … Read more

    Africa competition law newsletter

    DEVELOPMENTS IN SOUTH AFRICA Burger King South Africa sale back on the table after revised conditions agreed upon New draft guidelines on small merger notification The Tribunal clears Coca-Cola of merger condition breach South African government encourages permitted collaboration to minimise impact of social unrest and strengthen the South African economy Constitutional Court rules on … Read more

    Behavioural remedies in merger cases at a crossroads: Higher Regional Court of Düsseldorf overturns FCO clearance for EWE/Telecom JV

    Last week the Higher Regional Court of Düsseldorf overturned a decision adopted by the German Federal Cartel Office (FCO) clearing a JV between Telekom Deutschland and EWE, a regional utility company. The JV partners were looking to cooperate in the development of fibre-optic networks in parts of Lower Saxony, North Rhine-Westphalia and Bremen. This is … Read more

    The European Commission sheds “greener” light on the relationship between Competition policy and the Green Deal objectives

    On 10 September 2021, the European Commission (“Commission”) published a competition policy brief in which it provides more detail on its policy approach in its upcoming sustainability guidance. Following a call for contributions last year and a conference bringing together relevant stakeholders in February 2021, the policy brief summarises the feedback received and outlines the … Read more

    Proposed merger reforms: ACCC seeks to increase power to block deals

    The Australian Competition and Consumer Commission (ACCC) has proposed radical changes to the way mergers are regulated in Australia recommending the introduction of a mandatory and suspensory merger review process with limited merits review by the Australian Competition Tribunal. We have three key takeaways: compared to the current process, parties will be required to meet … Read more

    First competition CPO granted by the CAT in Merricks

    On 18 August 2021 the Competition Appeal Tribunal (CAT) approved the first application for a collective proceedings order (CPO) under the UK’s competition class action regime introduced in 2015, in Walter Hugh Merricks CBE v Mastercard Incorporated and Others.  The application was initially turned down by the CAT in 2017 but was remitted to it … Read more