Africa Merger Control Tool

Our informative and interactive guide on the current state of competition merger regulation across Africa is now available.  The Africa Merger Control Tool includes information on national and regional merger control regimes across the continent, with key information on thresholds for notification of mergers, filing fees payable for merger investigations and the timing of merger investigations.  This … Read more

Illumina’s acquisition of Grail blocked by the EU Commission

On 6 September 2022 the EU Commission adopted a decision under the EU merger Regulation (EUMR) prohibiting the completed acquisition by Illumina of GRAIL.  This is the first time the Commission has examined a transaction below the EUMR thresholds and all national EU Member State thresholds which was referred to it pursuant to its revised … Read more

Consortia and Competition Law

The European Commission’s draft revision of the horizontal cooperation guidance published on March 1, 2022, for the first time includes a specific section on the assessment of consortia agreements. Up to now, there has been very limited guidance in case law and in the existing horizontal cooperation guidelines. Members of our Brussels office have recently … Read more

General Court endorses Commission’s revised approach to review transactions below EU and national mergers thresholds via Article 22 EUMR referrals

In its judgment of 13 July 2022 the General Court endorsed the EU Commission’s revised approach to Article 22 EU Merger Regulation (EUMR) referrals as set out in its March 2021 Guidance.  The case relates to an appeal brought by Illumina against the Commission’s decision to accept the referral by the French competition authority of … Read more

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

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

HSF Asia-Pacific Competition Law Guide 2022 – now online

The sixth edition of Herbert Smith Freehills’ Asia-Pacific Competition Law Guide is now available, which provides a comprehensive overview of common antitrust-related issues across the region, including: antitrust risks in horizontal cooperation agreements and vertical supply arrangements; actions that can be taken if a potential competition infringement is detected; potential penalties for competition infringements; the … Read more

GCR EMEA Antitrust Review 2023 – HSF’s EU Merger Control update now available online

Members of the Brussels competition team have written their annual chapter as a contribution to the latest edition of the highly-regarded Global Competition Review (GCR) EMEA Antitrust Review, which provides a comprehensive summary of key recent EU merger control developments. The chapter covers key jurisdictional, procedural and substantive developments in EU merger control from June … Read more

More changes to come: China consults on amendments to six antitrust guidelines

Hot on the heels of the passing of the amendments to China’s Anti-Monopoly Law (Amended AML) last Friday (24 June 2022), China’s competition regulator (the State Administration for Market Regulation, or SAMR) has launched a public consultation on 27 June 2022 in relation to amendments to six substantive regulations.  The proposed amendments are wide ranging, … Read more

CRTea Podcast Series – Episode 3: EU and UK merger control – the evolving landscape and shifting sands

In our latest episode focusing on merger control in the EU and UK, Marcel Nuys (Partner, Dusseldorf), Francesca Morra (Partner, Milan), Peter Rowland (Of Counsel, Brussels) and Natalia Rodriguez (Of Counsel, London) explore key developments of interest to businesses engaged in M&A activity. They discuss updates to the European Commission’s substantive and procedural guidance in … Read more