Tag: european commission

The latest in pharma antitrust – and lessons for other industries

The pharmaceutical industry is a traditional focus for antitrust scrutiny, with regulators around the globe cracking down on practices that they think stifle competition and keep prices high. This post delves into recent developments in several jurisdictions, highlighting the different ways companies can get into antitrust trouble and summarising key lessons for businesses in all … Continue reading The latest in pharma antitrust – and lessons for other industries →

Outbound investments into AI to be screened in line with updated matchday calendar

OK, the title was only meant to catch your attention. And to foreshadow three – albeit separate – topics of this post: AI and antitrust, a screening regime for outbound investments, and a hefty antitrust sports battle. New developments on all of these topics warrant attention. Rise of the machines: A global approach to AI … Continue reading Outbound investments into AI to be screened in line with updated matchday calendar →

Protecting competition in a changing world? Here you go:

Under the headline "Protecting competition in a changing world", the European Commission has examined the development of competition over the last 25 years. The report is meant to provide a basis for the further development of competition law and to contribute insights for enforcers and policymakers. Here are some key takeaways and an outlook. The … Continue reading Protecting competition in a changing world? Here you go: →

The Foreign Subsidies Regulation in practice

The European Commission's "FSR brief" highlights the initial 100 days of the Foreign Subsidies Regulation's implementation. Key points include engagement with 53 parties, the application of merger control, and practical guidance for notifications. The brief also offers specific advice for investment funds and mentions the first in-depth investigation involving a Chinese rail company and a Bulgarian government contract.

USD 1.2 billion – What tech deal failures have cost acquirers in recent months

Several high-profile tech deals, including Amazon's acquisition of iRobot, were thwarted by merger control scrutiny, resulting in hefty break fees totaling approximately USD 1.2 billion. Break fees, also known as reverse break fees or termination fees, are imposed on acquirers who fail to close pre-agreed acquisitions. The cases underscore the significant costs and complexities of M&A transactions, emphasizing the need for careful assessment of break fees during negotiations.

European Commission orders unbundling

The saga of Illumina/Grail has written its next chapter: Yesterday, the European Commission ordered Illumina to divest Grail and restore the situation prior to the acquisition. This post takes a look at the prerequisites for such an order and its implications. As a quick reminder, in September 2020, US biotechnology company Illumina agreed to acquire … Continue reading European Commission orders unbundling →

EU Commission already under pressure to investigate foreign subsidies?

The EU’s Foreign Subsidies Regulation started to apply about a month ago. Most observers expected the regulation’s strongest impact to be on M&A transactions, not least because the European Commission does not exactly seem to have an abundance of staff to deal with the new rules. Yet, the regulator received at least two complaints against … Continue reading EU Commission already under pressure to investigate foreign subsidies? →

Politics in antitrust – Look no further

Anyone who still doubted that politics play an increasing role in antitrust should by now be convinced of the opposite: The recent appointment of the new Chief Economist at the European Commission is another instance where antitrust made it to the mainstream press across Europe. This post provides a short summary of what happened and … Continue reading Politics in antitrust – Look no further →