Aerospace & Defense

On September 17, 2024, the President of the European Commission, Ursula von der Leyen, announced the structure of the new Commission and her nominees to serve as Commissioners for the upcoming 5-year term (2024-2029). Each of these nominees will be scrutinized and need to be confirmed by the EU Parliament in the coming weeks.

On September 14, 2024, China’s SAMR published streamlined notification and publicity forms for cases reviewed under its simplified merger review procedure (“Simple Cases”).  The revised forms will take effect as of October 12, 2024.

On September 5, 2024, the European Commission (“Commission”) published a Staff Working Document[1] summarizing the outcome of an evaluation of Regulations 1/2003 and 77/2004, which govern the procedural framework for enforcing EU competition rules under Articles 101 and 102 TFEU (“EU Antitrust Enforcement Framework”).  On the same day, the Commission adopted a report on the use of interim measures by National Competition Authorities (“NCAs”).[2]

On April 17, 2024, the former Italian Prime Minister, Enrico Letta, published a report outlining the future of the EU’s single market (the “Report”).[1]  Letta proposed significant reforms, including the addition of a fifth freedom to spur innovation, consolidation in key sectors to enhance global competitiveness, and a new framework for State aid governance.

On April 2, 2024, the European Commission published, in full, its May 2023 decision unconditionally approving the acquisition of Inmarsat by Viasat[1] (the “Transaction”), following an in-depth Phase II investigation.  The UK Competition and Markets Authority (“CMA”) had also unconditionally cleared the acquisition on May 9, 2023.[2]  The Transaction was approved in the context of a trend toward broader consolidation in an increasingly challenged European satellite operations market, with SES announcing its intention to acquire Intelsat just a week before the Commission published its Viasat decision.[3]

In the latest instalment of the Cleary Gottlieb Antitrust Review podcast, host Nick Levy is joined by Saverio Valentino, Board member of the Italian Antitrust Authority. The conversation covers Saverio’s first year in the role, the agency’s current priorities, merger control and FDI regulation, cartel enforcement, rights of defence, judicial review, and much more.

On February 27, 2024, the French Competition Authority (“FCA”) published its roadmap for 2024-2025 as every year,[1] outlining its enforcement priorities for the year ahead.  The FCA emphasized the need to take action in the same key areas of interest as in 2023[2]: (i) the digital economy, (ii) sustainability and the ecological transition, and (iii) the protection of purchasing power. 

More than one and half year after the amendments to China’s Anti-Monopoly Law (the “AML”) came into effect, the State Council of China approved on December 29, 2023 and published on January 26, 2024 revisions[1] to China’s merger control notification thresholds (the “State Council Order”).[2]