What does EU Merger mean? EU merger, in practice, refers to a transaction subject to EU merger control — i.e., a concentration between undertakings (merger, acquisition of control or creation of a full‑function joint venture) reviewed by the European Commission under Council Regulation (EC) No 139/2004 (the EU Merger Regulation, EUMR). While “EU merger” is descriptive, the defined term in legislation is “concentration”. Such deals trigger mandatory, suspensory notification when the EUMR turnover thresholds for an EU dimension are met, engaging the one‑stop shop and the Commission’s exclusive jurisdiction, subject to referral mechanisms (Articles 4(4), 4(5) and 22). Key features include the standstill obligation (no...
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As of 12 January 2023, Regulation 2022/2560 on Foreign Subsidies (FSR) came into force. With this instrument, the Commission aims to tackle potential distortions to competition within the EU arising from significant financial support granted by non-Member States. The FSR imposes compulsory notifications for concentrations and public procurement procedures that cross specified thresholds, and also authorises the Commission to open ex-officio inquiries into foreign subsidies in other settings.
For mergers, from 12 October 2023, the FSR requires a separate, standalone filing—on top of any required Merger control notification—for deals meeting the following criteria: (i) the target, joint venture, or at least one merging party is established in the EU and achieves an aggregate EU turnover of no less than €500m; and (ii) all undertakings concerned (that is, the merging parties, the acquirer and target, or the joint venture and its parents) have received from third countries combined aggregate...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...