Norway ∙ The Norwegian Supreme Court Overturns the Prohibition of an Acquisition Below the Merger Thresholds in a Digital Market journal article Haakon Rønn Stensæth European Competition and Regulatory Law Review, Volume 7 (2023), Issue 4, Page 245 - 250
Estonia ∙ Failing Firm Defence: There Is a First Time for Everything journal article Martin Mäesalu European Competition and Regulatory Law Review, Volume 6 (2022), Issue 3, Page 244 - 247
Illumina v Commission – Confirmation of the European Commission's Renewed Approach to Referrals under Article 22 EUMR (T-227/21 Illumina v Commission) journal article Jussi Koivusalo, Emilia Rosenblad European Competition and Regulatory Law Review, Volume 6 (2022), Issue 3, Page 284 - 289 Case T-227/21 Illumina, Inc. v European Commission, Judgment of the General Court (Third Chamber, Extended Composition) of 13 July 2022 The General Court held that the European Commission may accept a referral to investigate a concentration that is not subject to national merger control rules even when the referring Member State has introduced a merger control regime of its own. It also held that a concentration is 'made known' to a Member State pursuant to the second subparagraph of Article 22(1) EUMR only when sufficient information enabling a preliminary assessment of the conditions laid down in the first subparagraph of the same Article is actively submitted to it.
A New Era for European Merger Control: journal article An Increasingly Fragmented and Uncertain Regulatory Landscape Salomé Cisnal de Ugarte, Mélanie Perez, Ivan Pico European Competition and Regulatory Law Review, Volume 6 (2022), Issue 1, Page 17 - 23 The third decade of the 21st century promises to look very different for European merger control. After several very successful acquisitions by Big Tech companies, competition law enforcers are increasingly concerned that their merger control regimes might not capture transactions that may have anticompetitive effects in the long run. As a consequence, European regulators are taking various initiatives which make the merger control landscape increasingly fragmented and complex, ranging from the introduction of value-based jurisdictional thresholds and a new referral policy that can catch mergers post-closing, to ground breaking regulatory initiatives in the digital sphere, changes relating to the substantive assessment of mergers in dynamic markets and foreign direct investment and subsidies screenings. This results in decreasing legal certainty for companies engaging in cross-border M&A and increased transaction costs. Keywords: merger control, Digital Markets Act, referrals, Article 22 EUMR, foreign subsidies, dynamic competition
Ireland ∙ Implementation of the ECN+ Directive in Ireland: An Overhaul of the Domestic Competition Law Regime journal article Ronan Dunne, Daniel Hanrahan European Competition and Regulatory Law Review, Volume 6 (2022), Issue 2, Page 134 - 137
Norway ∙ Norwegian Start-Up Acquisition Blocked to Protect Competition on Digital Platforms journal article Pernille Edh Hasselgård European Competition and Regulatory Law Review, Volume 5 (2021), Issue 1, Page 44 - 48
Implementation of the ECN+ Directive ∙ Austria: A Missed Opportunity for Fundamental Rights, but (Finally) Changes to the Merger Thresholds journal article Heinrich Kühnert, Elisabeth König European Competition and Regulatory Law Review, Volume 5 (2021), Issue 3, Page 216 - 220
Marine Harvest v Commission: Separate Fines for a Double False Start (C-10/18 P Mowi ASA v European Commission) journal article Georgia Tzifa, Marilena Nteve, Lukas Šimas European Competition and Regulatory Law Review, Volume 4 (2020), Issue 3, Page 223 - 230 Case C-10/18 P Mowi ASA v European Commission, Judgment of the Court of Justice of the European Union of 4 March 2020 The Court upholds the imposition of separate fines for an infringement of the notification and standstill obligations under EU merger control
Ireland ∙ Merger Control Update – Introduction of Simplified Merger Notification Procedure journal article Ronan Dunne European Competition and Regulatory Law Review, Volume 4 (2020), Issue 3, Page 202 - 204
Ireland ∙ Merger Control Update: Simplification Ahead and Gun-Jumping Prosecutions journal article Ronan Dunne European Competition and Regulatory Law Review, Volume 4 (2020), Issue 1, Page 33 - 35
Theories of Harm in the Implementation of the Foreign Subsidies Regulation Adina Claici, Peter Davis, Gerhard Dijkstra