Antitrust Concerns from Partial Ownership Interest Acquisitions: New Developments in the European Union and the United States

Samuel Miller, Marc Raven, David Went, Jan 10, 2012

This article will focus on recent developments in the European Union and the United States relating to antitrust issues arising from the acquisition of partial ownership interests in an entity. An important distinction exists in the treatment of partial ownership acquisitions between the European Union and the United States. While the European Commission (the “EC”) does not (currently at least) have competence under its merger control rules to review partial ownership acquisitions that do not confer control on the purchaser, the U.S. authorities (and certain EU Member States) have broader jurisdiction.

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