Amendments introduced to the proposed EU Foreign Subsidies regime: a stricter and more effective framework?

In 2021, the European Commission issued a proposal for a far-reaching new Regulation on foreign subsidies distorting the EU market (the “proposed Regulation“). The proposed Regulation has now passed a key procedural milestone on the path to adoption. On 25 April 2022, the EU Parliament’s Committee on International Trade (“INTA Committee”) unanimously voted in favour … Read more

Wide ranging reforms to UK competition and consumer protection regimes unveiled

On 20 April 2022 the UK government published its response to the consultation launched in July 2021, proposing a wide range of far-reaching changes to the UK competition and consumer protection regimes (see our blog post on the consultation here). Taking into account the feedback received from stakeholders on the various proposals, the government has … Read more

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

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

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

Global Competition Review EMEA Antitrust Review 2022 – HSF’s EU Merger Control chapter now available online

Members of the HSF 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 … Read more

CAT confirms CMA’s broad approach to share of supply test in Sabre/Farelogix appeal

In its judgment of 21 May 2021 the Competition Appeal Tribunal (“CAT”) upheld the CMA’s approach in applying the share of supply test to assert jurisdiction over Sabre’s acquisition of Farelogix, (with the CMA ultimately prohibiting the transaction following an in-depth investigation). The CAT confirmed that the CMA has a broad discretion when applying the … Read more