Expert Analysis

• Dutch Merger May Promote Behavioral Remedies Across EU

  

  A Dutch tribunal's recent clearing of the Sanoma-Iddink deal might further encourage merging parties in the EU to offer — and government agencies to accept — behavioral remedies, which was rarer when more emphasis was put on divestments, says Robert Hardy at Greenberg Traurig.

• Proposed Foreign Subsidy Regulation Has Political Overtones

  

  The European Commission's proposed Foreign Subsidies Regulation aims to prevent subsidies that have a distortive effect on competition from being granted to foreign companies, but in directing it against governments that use companies to extend their influence in the EU, the implications are clearly political, say Lena Sandberg and Yannis Ioannidis at Gibson Dunn.

• Early Trends In UK National Security Reviews Of Transactions

  

  The U.K.'s move to block an intellectual property deal between Beijing Infinite Vision Technology and the University of Manchester — the first such prohibition under the recently implemented National Security and Investment Act — is part of a growing body of published decisions that provides useful lessons on achieving prompt security clearance, say attorneys at Arnold & Porter.

• Guidance Notes Offer Insight On UK National Security Regime

  

  The U.K. government recently published long-awaited market guidance notes that add a greater level of transparency regarding the national security and investment regime, providing welcome guidance to businesses and their legal advisers on submitting transaction notifications, say attorneys at Cooley.

• Ruling On EU Commission Merger Reviews Signifies U-Turn

  

  In validating the European Commission's new policy of using Merger Regulation Article 22 to review cases that do not qualify under the merger control rules of the requesting member state, the General Court has demonstrated that the EU is prepared to move the goal posts on well-established commission policy, say attorneys at King & Spalding.

• Where New UK And EU Vertical Agreements Rules Diverge

  

  The lack of alignment between new EU and U.K. rules on vertical agreements is likely to present challenges to multinational businesses, and it would be prudent for legal advisers and companies to bear in mind the most stringent obligations of both, says Robert Bell at Armstrong Teasdale.

• A Look Ahead At What The German M&A Market Holds In Store

  

  Despite signs of a possible recession, there is still significant M&A activity in the German market, with long-term strategic planning, private equity investors, multiparty involvement and even the state all playing an important role, says Michael Ulmer at Cleary.

• Tips For Handling Audio Data In E-Discovery Post-Pandemic

  

  The rise of remote meetings during the COVID-19 pandemic has boosted the volume and importance of audio data in e-discovery — so organizations in highly regulated industries must collect and process that data, and establish complex strategies to manage their audio records, says Jack Bullen at FTI Consulting.

• Agreement Among Litigants Key To Using E-Discovery Tech

  

  Parties are increasingly using e-discovery technologies to control costs, but as a New York federal court order in Actos Antitrust Litigation shows, a well-drafted, negotiated protocol allows them to address potential objections prior to use and helps protect against later claims of incomplete production, say attorneys at McGuireWoods.

• 4 Ways M&A Deals Are Changing

  

  There are signs that the market may be cooling, but recent trends in M&A transactions reflect more than just market strength and indicate that there has been a more general change in deal approach, say attorneys at DLA Piper.

• Opinion

  Law School Admissions Shouldn't Hinge On Test Scores

  

  The American Bar Association recently granted law schools some latitude on which tests it can consider in admissions decisions, but its continued emphasis on test scores harms student diversity and is an obstacle to holistic admissions strategies, says Aaron Taylor at AccessLex.

• How Market Challenges Are Affecting Deal-Making Trends

  

  As private equity investors adjust to a new period of volatility and uncertainty in the marketplace, various trends in deal making are emerging in order to bridge valuation gaps and address financing concerns, say Alvaro Membrillera and Anna Pollak at Paul Weiss.

• What Digital Asset Decisions Mean For Future Disputes

  

  Following a number of recent landmark decisions in the English courts, the law continues to develop in the sphere of digital assets, and several themes are emerging that will benefit both individuals and organizations, say Chris Recker at Duane Morris and Celso De Azevedo at The 36 Group.

• A Look At UK's 1st Report On Security Regime For Deals

  

  The U.K. government’s recent report on the National Security and Investment Act, covering its first three months since it came into force in January, suggests that the regime may not be leading to a surge in benign notifications and that the government is responding quickly, which is good news for businesses, say attorneys at Cooley.

• What EU Changes To Dual Distribution Mean For Franchises

  

  Following the European Commission’s adoption of the Vertical Block Exemption Regulation and accompanying vertical guidelines regarding dual distribution, which took effect this month, franchisors should examine their flow of information to and from franchisees to determine whether it must be restricted, say attorneys at Baker McKenzie.