Our Curious Amalgam

#370 Is Any Deal Safe From Review in the EU? Implications of the "Towercast" Judgment

Our Curious Amalgam

Show Notes

M&A deals impacting the EU that are not caught by standard merger control thresholds can still be reviewed under general competition law rules. But how does this work? Frédéric Manin, lawyer at Advant Altana in Paris, joins Matthew Hall and James Hunsberger to discuss the implications of the 2023 European Court of Justice judgment in the "Towercast" case. Listen to this episode to learn more about the practical implications of this judgment for lawyers and dealmakers doing M&A that touches the EU. With special guest: Frédéric Manin, partner, Advant Altana

Related Links: France Autorité de la concurrence, press release, Doctolib case (6 November 2025) France Autorité de la concurrence, press release, meat-cutting case (15 May 2024) Belgium Autorité belge de la Concurrence, press release, Proximus/EDPnet case (6 November 2023) European Court of Justice, Case C-449/21 "Towercast" (16 March 2023)

Hosted by: Matthew Hall, McGuireWoods and James Hunsberger, Axinn, Veltrop & Harkrider

More from Our Curious Amalgam

Oct 19, 2026

State-level pre-merger notification requirements are becoming more popular. But what is happening in California? Heather Greenfield, partner at White & Case, joins Jaclyn Phillips and Puja Patel to discuss how California's law fits into an overall notification strategy. Listen to this episode to learn more about what to expect and how to prepare when the law becomes effective on January 1, 2027. With special guest: Heather Greenfield, Partner, White & Case

Oct 12, 2026

What does competition and litigation risk look like from inside a company operating at the intersection of financial markets, data, technology, and regulation? Kay Lynn Brumbaugh, Head of Litigation, Group Legal at London Stock Exchange Group plc (LSEG), joins Anora Wang and Matthew Hall to share an in-house perspective on managing disputes in a highly regulated global business. Listen to this episode to learn how issues involving data access, market infrastructure, AI, and overlapping regulatory regimes look from inside the client. With special guest: Kay Lynn Brumbaugh, Head of Litigation, Group Legal, London Stock Exchange Group plc

Oct 5, 2026

The Federal 340B Drug Pricing Program has grown from a modest drug discount program into a massive federal program involving pharmaceutical manufacturers, hospitals, pharmacies, insurers, and third-party administrators. But when can similar conduct by participants in this program suggest coordination or raise other competition concerns? Archan Ruparel, economist at Charles River Associates, joins Brian Auricchio and Jaclyn Phillips to discuss economic considerations when evaluating potential antitrust concerns relating to 340B. Listen to this episode to learn more about factors that can help analyze this conduct. With special guest: Archan Ruparel, Charles River Associates

Sep 28, 2026

What's ahead for the ABA Antitrust Law Section in 2026–2027? Section Chair Melanie Aitken and Counsel to the Chair Christina Skinner join Our Curious Amalgam to discuss Melanie's vision for the Section and her priorities for the coming year. Listen to this episode to learn how under Melanie's leadership, the Section plans to double down on its value to members, strengthen its leadership and processes, and remain a home for vigorous debate and a broad range of perspectives across the antitrust community.

Sep 21, 2026

The European Court of Justice's judgment in Google Android is one of the most consequential EU competition law judgments of the last decade. But why is it so important? Thomas Höppner, lawyer at Geradin Partners, joins Matthew Hall and Subrata Bhattacharjee to discuss the key issues raised and their relevance to abuse of dominance cases generally. Listen to this episode to learn more about counterfactual analysis, the relevance of context and the latest on the as-efficient-competitor test and principle. With special guest: Thomas Höppner, partner, Geradin Partners

See all episodes →