Mergers & Acquisitions

On September 3, 2024, in a landmark decision, the European Court of Justice – the EU’s highest court – ruled in favor of Illumina in its challenge to the EC’s unprecedented assertion of jurisdiction over a transaction that met no notification thresholds at either EU or Member State level.

On August 19, 2024, the French Competition Authority (“FCA”) unconditionally cleared Bouygues Telecom’s acquisition of sole control of La Poste Telecom (together “the Parties”) through the acquisition of La Poste Group’s 51% stake. SFR owned the remaining 49% of La Poste Telecom and had a right of first refusal on La Poste Group’s shares that were for sale, as well as a right of approval over the buyer of those shares.[1] The acquisition was completed on November 15, 2024.[2]

On June 17, 2024, the German Federal Cartel Office (“FCO”) unconditionally cleared the acquisition of Olink Holding AB (publ) (“Olink”) by Thermo Fisher Scientific Inc. (“Thermo Fisher”) following the FCO’s first in-depth investigation of a case caught by the transaction value threshold.[1]

On 27 May 2024, the German Federal Cartel Office (“FCO”) gave the green light for Johnson & Johnson’s (“J&J”) 13.1 billion US dollar acquisition of Shockwave Medical (“Shockwave”).[1]  The decision follows an in-depth investigation into the acquisition’s potential impact on competition and innovation, particularly in the burgeoning field of cardiovascular disease treatment, one of the fastest‑growing global med-tech markets.

UK Becomes Fourth Jurisdiction to Introduce Dedicated Digital Platform Regulation, with More Jurisdictions Likely to Follow

On 23 May, the UK Parliament passed the Digital Markets, Competition and Consumers (DMCC) Bill.  The new DMCC Act will bring about some of the most significant reforms to competition and consumer protection law in the UK in decades. Among other major reforms, it introduces a dedicated regime that provides for specific conduct rules for large digital platforms. The UK therefore becomes the fourth jurisdictionafter the EU with its Digital Market Act (DMA), Germany with its s.19A rules, and Japan with its new smartphone bill (also passed on 23 May)to introduce rules that target a handful of the largest digital firms.[1]