On 21 May 2024, the UK Government published updated guidance on the application of the National Security and Investment Act (NSIA). This includes:
The Merger Control Review, Ed. 14 – European Union
Cleary Gottlieb partner Nicholas Levy and associates Anita Magraner Oliver and Conor Opdebeeck-Wilson co-authored the “European Union” chapter in The
General Court Partially Annuls European Commission Decision in Google Android
In September 2022, the General Court partially annulled the European Commission’s 2018 Google Android decision, which fined Google €4.3 billion for abuses of dominance relating to apps it offers for its Android mobile operating system (“OS”).[1] The Court also found that the Commission’s investigation suffered from procedural errors. It reduced the fine by €200 million.
Illumina/GRAIL: EC Blocks Transaction Below EU and Referring Member State Merger Control Thresholds for the First Time
In a landmark decision announced on September 6, 2022 (“Decision”), the European Commission (“EC”) prohibited the acquisition by Illumina, a U.S. company specialising in genomic sequencing, of GRAIL, a U.S.-based start-up developing early cancer-detection tests (“Transaction”).[1]
Illumina/Grail: General Court Upholds EC’s Merger Referral Policy, Expanding EC Jurisdiction Over Non-reportable Transactions
In a significant judgment rendered on July 13, 2022 (“Judgment”), the EU’s General Court validated the position taken by the European Commission (“EC”) in a March 2021 Guidance Paper encouraging national competition authorities (“NCAs”) to use Article 22 of the EU Merger Regulation (“EUMR”) to refer transactions to the EC that do not meet national merger control thresholds, but which they believe may threaten to significantly affect competition within the EU.
The Merger Control Review, Ed. 12 – EU Merger Control
Cleary Gottlieb partners Nicholas Levy and Patrick Bock, and counsel Esther Kelly co-authored the “EU Merger Control” chapter in The Merger Control Review, ed. 12.
Chambers Merger Control 2021 Global Practice Guide: UK
Cleary Gottlieb partners Nicholas Levy, Paul Gilbert, and Jackie Holland, and associate Courtney Olden co-authored the “UK” chapter of the Chambers Merger Control 2021 Global Practice Guide.
The UK’s Proposed New National Security Regime: A Sledgehammer to Crack a Nut
Cleary Gottlieb partner Nicholas Levy, senior attorney John Messent, and associates Edward Dean and Chloe Hassard co-authored the article, “The UK’s Proposed New National Security Regime: A Sledgehammer to Crack a Nut,” which was published in the Competition Law Journal by Edward Elgar Publishing.