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The EC’s review of the Illumina/Grail transaction was based on referrals from member states where the transaction did not meet the applicable. By: Skadden, Arps, Slate, Meagher & Flom LLP
The Court of Justice of the EU (the Court) has overturned the General Court’s judgment in Illumina/Grail, effectively putting an end to the EC’s revised Article 22 policy approach for below-threshold mergers.
E252: How Issac Qureshi Built an E-Commerce Empire: Mergers, Acquisitions, and Leveraged Buyouts - Watch Here About the Guest(s): Issac Qureshi : Issac Qureshi is the founder and owner of Bauer, a mergers and acquisitions (M&A) firm specializing in e-commerce. The beauty is that it doesn't cost us anything.
Spotlight on below-threshold merger reviews: doubts over European Commission’s powers while in depth probes launched in Italy - Last month, we reported on the landmark Advocate General (AG) opinion in Illumina/GRAIL. He advised the EU’s top court to rule that the EC does not. By: A&O Shearman
James Stevens, co-leader of Troutman Pepper Lockes Financial Services Industry Group, was quoted in the March 5, 2025 Banking Dive article, FDIC Withdraws Merger Policy, Brokered Deposits Proposal.. By: Troutman Pepper Locke
In this article from The Threshold, the authors recap a panel on theories of labor harm in mergers, sponsored by the Mergers and Acquisitions Committee of the American Bar Association Section of Antitrust Law. By: Cornerstone Research
We had previously questioned whether the new approach to Article 22 EUMR followed by the EC would herald a new era in EU merger control, leading to an increased number of deals being reviewed, and more importantly an increased number of significant investigations. By: Dechert LLP
The European Court of Justice (the ECJ), the EU’s highest court, has fully rejected the European Commission’s (the Commission) policy of interpreting Article 22 of the EU Merger Regulation (EUMR)[1] in a way that would allow the Commission to review transactions falling beneath EU and Member State merger control thresholds.
Applying its recent re-interpretation of Article 22 of the European Union Merger Regulation (“EUMR”), which enables Member States to refer to the European Commission (the “Commission”) transactions that do not reach either EU or national merger control thresholds, the Commission reviewed and prohibited in 2023 the acquisition by genomic sequencing (..)
ComplexDiscovery’s Editor’s Note: This article provides a detailed analysis of the July 2024 HSR transaction data and key economic indicators, emphasizing their impact on the eDiscovery sector. The insights are particularly valuable for legal professionals navigating the complex landscape of mergers and acquisitions (M&A) and regulatory.
The AG is of the view that the European Commission (EC) has no ability to review transactions under Article 22 of the EU Merger Regulation (EUMR) that do not meet EU or national merger control thresholds. If the ECJ follows the opinion, the EC’s authority to scrutinise below-threshold mergers – and in particular.
The Court of Appeal has upheld a High Court decision regarding the interplay between potentially conflicting provisions in a company’s articles of association. The provisions in question related to the conversion of shares and variation of class rights.
After challenging years of post-Brexit CMA merger reviews, this Fried Frank article points to some promising trends for merger reviews in the UK in the last few months. With a renewed political focus on positioning the UK as open for business, the government has signalled an appetite to recalibrate the CMAs approach.
On September 3, 2024, the EU’s highest court, the European Court of Justice (ECJ), ruled that the European Commission (EC) had no jurisdiction to review Illumina’s acquisition of Grail, overturning the EU’s revised Article 22 policy.
In this article we examine recent developments in Europes largest economies including the UK, Germany, and France where significant. This in turn will have a significant impact on both investment activity in the defence supply chain and how these products and services are procured. By: Hogan Lovells
Many acquisitions, especially privatisations, are structured as a statutory merger, and in this article, we provide a brief overview of Cayman Islands (“Cayman”) mergers and consolidations and the general requirements for each under Cayman law. By: Conyers
As discussed in that article, the court concluded that the allegations concerning the destruction of such data sufficed to state a claim for conversion. County Mar. By: Freiberger Haber LLP
A recent PitchBook article addresses this, highlighting data that shows young startups were much more likely to be the targets of acquisitions last year, a trend that looks to continue into 2024. We know 2023 was not a great year for M&A activity, but seed- and early-stage startups fared much better than their later-stage counterparts.
billion merger with Albertsons Companies, Inc., On August 19, 2024, Kroger fired back, suing the FTC in a Cincinnati federal court to block the regulator from reviewing the Albertsons merger. In February of this year, the Federal Trade Commission (FTC) brought an administrative complaint to block Kroger Company’s $24.6
Alex Barrage, a partner with Troutman Pepper Locke, was quoted in the January 9, 2025 American Banker article, CFPB Rules, M&A Standards Most Likely CRA Repeal Targets.. By: Troutman Pepper Locke
With its eagerly-awaited Illumina/Grail judgment on 3 September 2024, the Court of Justice of the European Union (“ECJ”) closed a transatlantic saga and rejected the European Commission's ("Commission") extended interpretation of Article 22 of the EU Merger Control Regulation ("EUMR") by finding that the Commission had no right to receive referrals (..)
We’ve blogged quite a bit about the FTC & DOJ’s aggressive approach to merger enforcement and the agencies’ willingness to adopt novel theories in litigation. However, a recent article in The […]
Pursuant to Article 45-A of the Public Health Law (PHL) (referred to in the FAQs as the "Material Transactions Law"), "health care entities" (HCEs) involved in a "material transactions" are obligated to provide written notice to DOH at least 30 days prior to the closing of the transaction.
As part of our series on trademarks as critical assets for businesses, this article discusses the importance of selecting and clearing a new or altered trademark for use and registration in the United States.
In a spectacular turn, on September 3, 2024, the Court of Justice (CJEU), constituted as the grand chamber, overturned the ruling of the General Court (GC) and annulled the decision made by the Commission to accept requests from national competition authorities to review the contemplated concentration under article 22 of the EU Merger Regulation.
While it is undisputed that a talented corporate transaction attorney is critical to the success of a deal, it is also imperative that an integral member of the transaction team include a seasoned employment attorney, particularly on the buyer-side of a merger or acquisition. By: Maynard Nexsen
US Corporate Article - The American Bar Association’s (ABA) Business Law Section has released its 2023 Private Target Deal Points Study (the “Study”), the flagship product of the Market Trends Subcommittee of the Mergers and Acquisitions Committee. private companies.
b' E149: Bill Snow: From Sales to Mergers and Acquisitions Expert - Watch Here rn rn Here is what my team and I learned from this interview: (These are notes from team members, writers, sometimes AI, and even listeners who submitted what i learned loosely edited and shared here) - If it seems a bit unrefined, you're reading our notes, so.
This article discusses compliance “Buy America” provisions in federal procurement laws and how the Federal Acquisition Regulations (FAR) implement some of those commitments in government contracts.
b' E210: Strategic Real Estate: Mergers, Acquisitions, and Business Roll-Ups for Maximum Return - Watch Here rn rn About the Guest(s): rn Dan Taylor is an experienced professional specializing in real estate strategies that set him apart from conventional practices. then sell those businesses without the real estate."
In this article, we set out how competition law considerations may be relevant to the development and utilisation of AI systems by market participants and examine how competition authorities are anticipating and preparing to address the new challenges posed by the widespread adoption of AI systems.
b' E169: Bakari Akil: Mastering the Art of Deal Sourcing and Structuring in Mergers and Acquisitions - Watch Here rn rn Sponsor: rn rn Reconciled provides industry-leading virtual bookkeeping and accounting services for busy business owners and entrepreneurs across the US. rn "I actually don't put up a lot of money.
I began writing about Nevada Corporate Law more than three decades ago with an article entitled "The Nevada Corporation: Is It A Good Bet?". In the ensuing decades, I have published several more articles, numerous blog posts, and treatises on Nevada corporate law under three different publishers.
Mergers and acquisitions (M&A)—combining two companies into one or acquiring and absorbing a new entity—are strategic moves that drive business growth. In this article, we’ll tackle the spectrum of these implications so you can respond and act on them accordingly. Also Read: What is Merger and Acquisition?
b' E170: Financial Modeling and Analysis in Mergers and Acquisitions with Paul Barnhurst - Watch Here rn rn Sponsor: rn rn Reconciled provides industry-leading virtual bookkeeping and accounting services for busy business owners and entrepreneurs across the US. Their team is experienced in M&A, and they hire the best talent available.
We recently shared an article covering the many possible cost synergy benefits of mergers and acquisitions, but it’s important to remember that cost synergies differ from revenue and financial synergies. Let’s delve into the differences between the latter two.
We also include links to our articles, blogs, and webinars with more analysis in these areas. Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). By: Wiley Rein LLP
In any merger or acquisition, the buyer and seller anticipate synergy will be crucial. We will delve into those topics in upcoming articles. Synergy in M&A can manifest in several forms, but cost synergy is one of these critical areas. It is essential to note that cost synergy is not the same as revenue or financial synergy.
COMPETITION - Action brought on 10 January 2025 - Nvidia Vs. Commission (Case T-15/25) Re: annulment of Commissions decision on the request for referral by Italy to the Commission pursuant to Article 22(1) of the EUMR and Article 57 of the EEA Agreement, in Case M.11766, 11766, NVIDIA / Run:ai. By: Mayer Brown
rn Visit [link] rn _ rn About The Guest(s): Steven Kuhn is a mergers and acquisitions expert, turnaround expert, and coach. rn Summary: Ronald Skelton interviews Steven Kuhn, a mergers and acquisitions expert and turnaround expert. Reconciled sets the standard for consistency and quality that you can count on.
This article is part of a monthly column that considers the significance of recent Federal Trade Commission announcements about antitrust issues. In this installment, we discuss notable takeaways from the agency's recent enforcement action on "gun jumping." Originally published in Law360 - February 5, 2025. By: Proskauer Rose LLP
The newsletter is a curation of published articles and news, and contains original content developed by AGGs Bankruptcy, Creditors Rights, & Financial Restructuring attorneys. AGGs Restructuring Roundup newsletter is a monthly update of legal issues and news affecting or related to commercial litigation and bankruptcy.
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