Work Area: Merger Control

EU common ownership report struggles to assess impact on competition

The European Commission has released a 336-page report on common ownership, calling for more research to “disentangle the various effects” that the growing phenomenon might have on competition and prices – but lawyers say much more robust analysis is now needed.

01 October 2020

Finland calls for rare merger block

Finland’s competition enforcer has challenged a three-to-two tie-up in the private healthcare sector, as it seeks to prohibit a deal for only the fifth time in its history.

30 September 2020

Traditional hospital definition ‘rapidly changing’, Jefferson chief executive says

Jefferson Health’s chief executive Stephen Klasko on Tuesday denounced the Federal Trade Commission’s “eagerness” to block his company’s acquisition of Albert Einstein Healthcare Network, arguing that the traditional definition of a hospital is “rapidly changing”.

30 September 2020

US FTC wins injunction against coal deal

A Missouri federal court has granted the US Federal Trade Commission’s request to block a proposed joint venture between Peabody Energy and Arch Coal following a trial challenging the deal earlier this summer.

29 September 2020

EU enforcers dispute role of antitrust in achieving green goals

Officials from several European antitrust agencies have clashed over whether – and to what extent – competition policy should help foster sustainable development and green initiatives.

28 September 2020

CMA need not consider coronavirus in merger reviews, counsel claims

The UK’s competition enforcer was entitled to disregard the potential effects of the covid-19 pandemic when it blocked JD Sports’ purchase of Footasylum because it received “wholly unilluminating” evidence from the retailers, the authority’s counsel has argued.

24 September 2020

Chile seeks first merger infringement fines under new regime

Chile’s antitrust enforcer has asked the country’s competition tribunal to fine the Walt Disney Company €3.5 million for providing false information during a probe into its acquisition of 21st Century Fox and for breaching the remedies that were imposed.

23 September 2020

JD Sports/Footasylum block was unreasonable, UK court told

The UK competition authority’s decision to block JD Sports’ acquisition of Footasylum was irrational because it failed to consider the coronavirus pandemic and did not give enough weight to the power that Nike and Adidas hold over retailers, counsel to JD Sports has argued.

23 September 2020

Conner: Section 2 gives FTC better chance to block anticompetitive mergers

Relying on the Sherman Act’s anti-monopolisation rules as well as the traditional merger control laws can give the Federal Trade Commission a better chance to stop potentially anticompetitive deals, the director of the agency’s competition bureau has said.

23 September 2020

FTC and DOJ seek more information on ownership stakes in merger filings

The US antitrust agencies are seeking to change rules for self-reporting mergers to require parties to disclose more information about their affiliated entities and exempt more transactions from antitrust review.

22 September 2020

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