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Articles by Gavin Bushell
Five Key Themes Businesses Should Be Aware of in 2027
The M&A market is expected to become more active in 2027 — but also more complex. Businesses will need to navigate continuing geopolitical volatility, growing regulatory scrutiny, evolving deal structures and the increasing role of AI. Drawing on insights shared by our experts at the M&A 26/27 – State of the Market and Beyond event, we have identified five themes likely to shape the year ahead and highlights how businesses can prepare to transact with confidence.
European Union: Shaping the Future of EU Merger Control
In brief We welcome the draft Guidelines as a serious effort to modernise merger control for an economy that has evolved significantly in the last two decades. While the legal framework remains unchanged, the draft does expand the Commission's analytical toolkit. Our principal concern is ensuring this greater flexibility does not come at the expense of the predictability businesses need to transact with confidence.
European Union: The Commission's Proposed Merger Guidelines
In brief The European Commission has published its long awaited draft Merger Guidelines, which will replace the 2004 Horizontal and 2008 Non Horizontal Merger Guidelines with a single framework. The text is still in consultation and will likely evolve at the margins, but the Commission’s overall direction of travel is clear.
Europe: Simplification and Modernization of European Union Merger Control
In brief From 1 September 2023, new procedural merger control rules apply in the European Union. New notification forms will need to be used. More merging parties will be able to avail themselves of the Simplified Procedure. On 20 April 2023, the European Commission (the “Commission”) adopted a new legislative package including a new Implementing Regulation, a new Notice on Simplified Procedure and a Communication on the transmission of documents (the “Simplification Package”).
European Commission Proposes New Regulation on Foreign Subsidies
On 5 May 2021, the European Commission ("Commission") published a proposed Regulation, along with an impact assessment report, aiming to address potential distortions caused by foreign subsidies in the Single Market ("Proposed Regulation"). This Proposed Regulation will create substantial new obligations for companies if adopted in its current form.
EU Merger Control: A New Policy enables post-closing reviews of deals even where no national filing thresholds are met | Lexology
1. Executive Summary The European Commission (Commission) has issued new guidance on when it will accept referrals of merger control reviews from EU national competition authorities. The new guidance was published on 26 March 2021 with immediate effect. In a change of policy, the Commission will accept merger control referrals from a Member State even if the transaction falls below that Member State's filing thresholds.
European Commission Publishes White Paper Suggesting New EU Filing Obligations for Companies That Have Received Non-EU Subsidies | Lexology
In brief The European Commission ("Commission") published a White Paper proposing to create three new review mechanisms aimed at addressing the potential distortive effects caused by foreign subsidies in the Single market generally; in acquisitions of EU companies; and during EU public procurement procedures. A public consultation is now open until 23 September 2020 during which stakeholders can provide their views on the options set out in the White Paper.
European Commission Publishes White Paper Suggesting New EU Filing Obligations for Companies That Have Received Non-EU Subsidies
The European Commission ("Commission") published a White Paper proposing to create three new review mechanisms aimed at addressing the potential distortive effects caused by foreign subsidies in the Single market generally; in acquisitions of EU companies; and during EU public procurement procedures. A public consultation is now open until 23 September 2020 during which stakeholders can provide their views on the options set out in the White Paper.
COVID19: Navigating Global Merger Control in Times of Crisis
Like many private and governmental organisations, authorities have seen their capacity impacted due to the confinement of their staff. They also have had to adjust priorities and focus on policing abuses in the supply of essential products, and assuring businesses about legitimate competitor cooperation. In the EU, the Commission's workload has increased with the review of emergency subsidy schemes (see our commentary on such activities in this alert and this alert).
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