Non-notifiable M&A deals can be reviewed under abuse of dominance rules: does heightened regulatory intervention in deal-making lie ahead?

24 March, 2023
INTRODUCTION On 16 March 2023, the Court of Justice of the European Union (CJEU) issued its keenly anticipated judgment in Towercast1(Judgment), following a request for a preliminary ruling by the Court of Appeal, Paris (Court of Appeal). The Judgment clarifies that acquisitions by dominant companies that do not meet the EU or national merger control … Read more

EU Foreign Subsidies Regulation Adopted – Draft Implementing Regulation to be Published Beginning of 2023

21 December, 2022
The EU has now formally adopted its new Foreign Subsidies Regulation (“FSR”), which will start to apply from mid-2023. The European Commission will shortly be publishing a draft Implementing Regulation, which will set out what must be included in notifications under the FSR and further procedural details. This should help companies focus the due diligence … Read more

EU Reaches Agreement on Foreign Subsidies Regulation – New Regime to Enter into Force Next Year

06 July, 2022
The EU has reached political agreement in relation to the much-anticipated foreign subsidies regulation (the “Regulation”), which should become operational next year. The Regulation essentially creates a new subsidy control regime for third country subsidies affecting the EU market and has the potential to significantly increase the regulatory risk and burdens for foreign companies operating … Read more