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

EU proposal to address foreign subsidies

On 5 May 2021, the European Commission issued its much anticipated proposed regulation on foreign subsidies distorting the EU market, which we summarised in our earlier blog post. If adopted in its current form, the proposed regulation could have a transformative impact and significantly increase the regulatory risk and burdens for foreign companies operating or … Read more

Cross-sector merger control in Malaysia: getting closer

Like most competition law regimes around the world, Malaysia’s Competition Act 2010 contains provisions prohibiting anti-competitive practices and abuses of dominance. However, it does not currently include the third “pillar” of competition law that is common to many other regimes, namely, cross sector merger control rules. Such rules enable competition authorities to review transactions and … Read more

US Court of Appeals affirms first-ever divestment order by private antitrust plaintiff

On March 22, 2021, the US Court of Appeals for the Fourth Circuit upheld its earlier decision ordering the divestiture of a corporate acquisition in a private antitrust lawsuit, where US merger control authorities had previously cleared the transaction.  The decision represents the first time a transaction approved by the US Department of Justice’s Antitrust … Read more