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

Commission publishes guidance on Article 22 referrals for transactions falling below national thresholds – New approach can impact pharma, tech and other deals involving start-ups or innovators

On 26 March 2021 the EU Commission (Commission) published revised guidance on the referral mechanism set out in Article 22 of the EU Merger Regulation (EUMR), under which the Commission will now accept referrals from Member States for deals that fall below the domestic jurisdictional thresholds of the referring country, in order to capture more … Read more

Partial win for JD Sports in the CAT on Covid-19 grounds

JD Sports has partially won its appeal against the CMA’s prohibition decision of its acquisition of  Footasylum, on a number of grounds which relate to the CMA’s failure to adequately take into account the impact of Covid-19 on the transaction. Read more

CMA imposes record fine for breach of IEO in JD Sports/Footasylum merger

On 5 August 2020 the CMA published a penalty notice imposing a fine of £300,000 (the highest fine to date for a single breach of an initial enforcement order (IEO)) on JD Sports and its parent company Pentland Group, for breach of an IEO in the context of its completed acquisition of Footasylum. In October … Read more

CMA confirms unconditional clearance of Amazon’s acquisition of 16% stake in Deliveroo

Updated August 5, 2020 to add link to full report The CMA has today announced that it has unconditionally cleared Amazon’s acquisition of a 16% stake in Deliveroo (alongside other rights including board representation). Following an in-depth Phase 2 investigation, the CMA has concluded that the transaction will not substantially lessen competition. This confirms its … Read more

Global Competition Review EMEA Antitrust Review 2021 – HSF’s EU Merger Control chapter now available online

Members of the HSF Brussels competition team have written a comprehensive summary of key recent EU merger control developments as a contribution to the latest edition of the highly-regarded Global Competition Review (GCR) EMEA Antitrust Review. The chapter covers key procedural, jurisdictional and substantive merger control developments from June 2019 to April 2020, including: jurisdictional … Read more