Skadden, Arps, Slate, Meagher & Flom (Brussels)

Giorgio Motta

Skadden, Arps, Slate, Meagher & Flom (Brussels)
Partner

Giorgio Motta is a partner at Skadden. He has more than 20 years of experience in EU, Italian and international antitrust merger control and cartel enforcement. Mr. Motta advises clients on antitrust aspects of mergers, acquisitions and joint ventures. He has been involved in some of the most high-profile and complex merger control cases in numerous transactions requiring international antitrust merger control approvals, both in Europe and on a worldwide basis, for companies in the energy, telecommunications, financial services, pharmaceutical, consumer goods and many other industries. Mr. Motta also advises clients in state aid, cartels, as well as EU and Italian competition law issues relating to vertical restraints and dominance. He has represented clients in Article 101 investigations in relation to cartels, trade association membership, strategic alliances, distribution arrangements and other vertical agreements, both before the European Commission and the Italian Competition Authority. Mr. Motta has been repeatedly included in Who’s Who Legal: Competition. He also has been recognized by Best Lawyers for his work in Competition/Antitrust and European Union Law. Mr. Motta serves as a non-governmental adviser for the activities of the International Competition Network, as well as a visiting professor at the University of Lille, where he teaches a course on EU Merger Control Law.

Distinctions

Linked authors

Skadden, Arps, Slate, Meagher & Flom (London)
Skadden, Arps, Slate, Meagher & Flom (London)
Skadden, Arps, Slate, Meagher & Flom (London)
Skadden, Arps, Slate, Meagher & Flom (New York)
Skadden, Arps, Slate, Meagher & Flom (Brussels)

Articles

8947 Bulletin

James Anderson, Bill Batchelor, Nathaniel Carden, Alex Jupp, Giorgio Motta, Paul W. Oosterhuis, Niels Baeten, Tom R. Selwyn Sharpe The EU Court of Justice annuls the Commission’s expansive interpretation of State aid in a Luxembourg tax rulings case (Fiat Chrysler)

74

On November 8, 2022, the Court of Justice of the European Union (CJEU), overturning the first instance EU General Court (General Court), annulled the European Commission’s (EC’s) decision that a Luxembourg tax ruling on Fiat’s intragroup financing transactions “did not reflect economic reality” and (...)

Bill Batchelor, Frederic Depoortere, Aurora Luoma, Giorgio Motta, Ingrid Vandenborre, Niels Baeten, Angelos Vlazakis The EU Parliament steps up enforcement against foreign state-backed companies

128

If you (i) receive some form of financial support from foreign (non-EU) governments, and (ii) have activities or are planning to acquire a business in the EU, then you will want to read on. Following political agreement among legislators, the European Union (EU) Foreign Subsidies Regulation (...)

Bill Batchelor, Frederic Depoortere, Aurora Luoma, Giorgio Motta, Ingrid Vandenborre, Thorsten Goetz, Antonio Adriano Cammalleri, David Maximilian GOLDBLATT, Melissa Healy The EU Commission and UK Parliament revamp antitrust rules on distribution arrangements in new Vertical Block Exemption Rules

70

EU and UK Revamp Antitrust Rules on Distribution Arrangements* Significantly updated antitrust rules governing common distribution practices took effect in both the European Union and U.K. on June 1, 2022. These constitute a significant change in policy and provide greater clarity to companies (...)

Bill Batchelor, Aurora Luoma, Giorgio Motta, Ingrid Vandenborre, Frederic Depoortere The UK Parliament revamps antitrust rules with broader jurisdictional reach, tougher penalties and more flexible procedure for merger control

326

On April 20, 2022, the U.K. government announced amendments to the U.K. competition and consumer law regimes. Changes to merger control include: Expanded conditions for killer acquisitions, which will eliminate the need for a U.K. overlap in acquirer and target activities intended to cover (...)

Bill Batchelor, Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre The EU Commission proposes for public comment its new competitor cooperation guidelines which are tougher on information sharing but provide scope for sustainability agreements

229

The European Commission (Commission) is accepting public comment on its proposed revisions to European Union regulations and guidance on common competitor cooperation arrangements, which are due to expire on 31 December 2022. Cooperation agreements among existing or potential competitors (i.e., (...)

Bill Batchelor, Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, Geraldine De Vasconcelos Lopes, Adriano Di Curzio, Vikram J. Pandit The EU General Court annuls the Commission’s decision that a semiconductor chip manufacturer had abused its dominant position and the Commission’s imposition of a €1.06 billion fine (Intel)

292

On January 26, 2022, the EU General Court (the Court) annulled the European Commission’s (the Commission) decision that Intel had abused its dominant position regarding its x86 central processing unit (CPU) computer chips and the imposition of a €1.06 billion fine. The judgment demonstrates that (...)

Bill Batchelor, Frederic Depoortere, Ingrid Vandenborre, Stéphane Dionnet, Geraldine De Vasconcelos Lopes, Giorgio Motta The EU General Court upholds the Commission’s decision to fine a telecommunications company for gun jumping but grants a limited 5% reduction of part of the €124.5 million fine imposed (Altice / PT Portugal)

263

On September 22, 2021, the European General Court issued its judgment upholding the decision by the European Commission (Commission) to fine Altice for gun-jumping in the acquisition of Portugal Telecom (PT) in 2015. The General Court did grant Altice a limited 5% reduction of part of the €124.5 (...)

Bill Batchelor, Frederic Depoortere, Ingrid Vandenborre, Stéphane Dionnet, Geraldine De Vasconcelos Lopes, Giorgio Motta The EU General Court issues its judgment upholding the Commission’s decision to fine a telecommunications company for gun jumping (Altice / PT Portugal)

229

On September 22, 2021, the European General Court issued its judgment upholding the decision by the European Commission (Commission) to fine Altice for gun jumping in the acquisition of Portugal Telecom (PT) in 2015. The General Court did grant Altice a limited 5% reduction of part of the €124.5 (...)

Bill Batchelor, Frederic Depoortere, Ingrid Vandenborre, Aurora Luoma, Nick Wolfe, Giorgio Motta The UK Government publishes consultations on far-reaching reforms to competition and consumer laws which would substantially expand the powers of the Competition Authority and reduce procedural protections

612

The U.K. government is consulting on far-reaching reforms to U.K. competition and consumer laws, which would substantially expand the powers of the Competition and Markets Authority (CMA) and reduce procedural protections. Key proposals include: Merger control jurisdiction enlarged: The CMA (...)

Bill Batchelor, Ingrid Vandenborre, Frederic Depoortere, Giorgio Motta The EU Commission and UK Competition Authority propose modifications to their antitrust rules on distribution agreements which diverge significantly, creating legal challenges for agreements caught by both sets of rules

213

1. Summary The European Union and the United Kingdom have each proposed modifications of their antitrust rules on distribution. The proposals diverge significantly on common distribution practices, creating legal challenges for distribution agreements caught by both sets of rules. Dual (...)

Bill Batchelor, Frederic Depoortere, Andrew L. Foster, Giorgio Motta, Ingrid Vandenborre, Aurora Luoma, Niels Baeten The EU Commission proposes a new merger and public procurement control legislation to combat foreign subsidies

476

The European Commission (EC) has proposed legislation to curb M&A, public procurement and market conduct by foreign-subsidized companies that may distort the European Union’s internal market. New requirements include: Mandatory notification of acquisitions where the target’s EU turnover (...)

Bill Batchelor, Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, Niels Baeten The EU Commission releases the new Article 22 EU Merger Regulation Guidance, which creates legal uncertainty for merger control and a de facto killer acquisition review power

451

The new Article 22 EU Merger Regulation (EUMR) Guidance released by the European Commission (EC) enables the EC to review any acquisition, even those that do not qualify for notification under national (or EU) merger control rules. Summary The new guidance indicates that the EC will actively (...)

Bill Batchelor, Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, Alexander Kamp The EU Commission invites national regulators to refer certain transactions back to the Commission if they do not meet either national or EU thresholds for investigation

45

Takeaways More than 50 countries now have the discretion to conduct competition reviews of mergers below mandatory notification thresholds, and the European Commission, EU member states, the U.K. and others are using this authority more frequently. As a consequence, companies whose merger might (...)

Alexander Kamp, Aurora Luoma, Giorgio Motta, Frederic Depoortere, Bill Batchelor, Ingrid Vandenborre, Iacovos Antoniou The UK Competition Authority publishes the revised Merger Assessment Guidelines

364

The U.K.’s Competition & Markets Authority (CMA) has released new merger assessment guidelines that confirm the U.K. regulator’s intensified approach to merger control. The guidelines largely codify the CMA’s recent output, which includes record-high numbers of prohibitions and deal (...)

Bill Batchelor, Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, Aurora Luoma, Nick Wolfe, Alexander Kamp, Tom R. Selwyn Sharpe The UK Parliament issues an independent report which calls for streamlining and enhanced legal predictability in the national antitrust regime

359

Commissioned by the U.K. government to review its antitrust regime, Conservative Member of Parliament John Penrose’s “Power to the People” report proposes streamlined, modest changes rather than wholesale reform to the current regime. The report’s recommendations are outlined below: Merger reviews (...)

Nick Wolfe, James Anderson, Bill Batchelor, Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, Aurora Luoma, Alexander Kamp The EU Commission and the UK Government publish an agreement governing post-Brexit trade relations that includes provisions regulating antitrust enforcement and cooperation

429

The European Union (EU)-U.K. Trade and Cooperation Agreement (TCA) governing post-Brexit trade relations between the U.K. and the EU includes provisions regulating EU/U.K. antitrust enforcement and cooperation effective January 1, 2021: Anticompetitive practices and mergers. The TCA provides (...)

Bill Batchelor, Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, Aurora Luoma, Nick Wolfe, Tom R. Selwyn Sharpe The UK Competition Authority launches consultation on revised merger assessment guidelines

104

Following its review of a series of global deals in the digital markets space, the U.K.’s Competition & Markets Authority (the CMA) has launched a consultation on revised merger assessment guidelines (the draft guidelines) codifying its evolving practice in the digital sector and addressing (...)

Bill Batchelor, Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, Aurora Luoma, Aristeidis Demiroglou, Caroline Janssens The EU Commission calls for contributions on the fundamental question of how competition rules and sustainability policies interact with each other, and what can be done better

171

Sustainability issues are increasingly high on the list of competition policy priorities both at the European Union and member state levels. The European Commission (EC) and national competition authorities are actively rethinking how competition policy can better support the transition to (...)

Niels Baeten, Ingrid Vandenborre, Giorgio Motta, Frederic Depoortere, Bill Batchelor The EU Commission proposes new powers of investigation, sanction, control on mergers, market conduct, and public contracts to combat foreign subsidies

167

The European Commission (EC) has proposed far-reaching new powers to investigate and sanction foreign subsidies that have allegedly distortive effects on the European Union’s (EU) internal market. The proposals include: (i) mandatory notification of acquisitions, including potentially minority (...)

Bill Batchelor, Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, Niels Baeten The EU Commission proposes a merger control legislation for the acquisition of foreign-subsidized companies

93

The European Commission’s (EC) June 2020 white paper proposing wide-ranging controls over foreign-subsidized companies’ access to Europe’s internal market has received fresh impetus. In a report issued earlier this month, the European Union’s (EU) audit body faulted the EC for a hitherto (...)

Johannes Frey, Niels Baeten, Ingrid Vandenborre, Giorgio Motta, Alex Jupp, Bill Batchelor, James Anderson The EU Commission makes clear that public support measures available to all companies do not fall under State aid control following the COVID-19 outbreak and issues a temporary framework

31

In this series, “Critical Thinking in the Time of COVID-19,” our European tax practice examines the next stage of analysis for corporates that have begun digesting the economic and legal impact of COVID-19 on their businesses. This edition covers the area of European fiscal state aid. EU State (...)

Ingrid Vandenborre, Bill Batchelor, Frederic Depoortere, Giorgio Motta The EU Commission delays merger notifications until further notice and develops emergency State aid response to the COVID-19 outbreak

145

As the COVID-19 pandemic spreads rapidly around the world, and countries take unprecedented measures to contain the spread of the disease, businesses are increasingly struggling with the economic impact of this crisis. While airlines, tour operators and event businesses have been among the (...)

Karen M. Lent, Giorgio Motta, Tara L. Reinhart, Clifford H. Aronson, Steven C. Sunshine, David P. Wales The US DoJ publishes a statement cautioning that the antitrust laws remain in effect and agreements among competitors that set commercial terms may be illegal

165

Antitrust-Related Considerations Collaborations With Competitors Companies seeking to collaborate with competitors in response to the COVID-19 crisis must keep in mind, as the Department of Justice has recently cautioned, that the antitrust laws remain in effect, and agreements among (...)

Alexander Kamp, Bill Batchelor, Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, Nick Wolfe The UK Competition Authority publishes its guidance on its functions under the withdrawal agreement setting out the regulator’s approach during the Brexit transition period

99

The U.K. Competition and Markets Authority (CMA) has published “Guidance on the Functions of the CMA Under the Withdrawal Agreement” (Guidance), which sets out the regulator’s approach to merger and competition cases during the Brexit transition period that will run until at least through December (...)

Melissa Healy, Ingrid Vandenborre, Giorgio Motta, Frederic Depoortere, Bill Batchelor The UK Competition Appeal Tribunal confirms a deferential standard for the Competition Authority in its merger prohibitions (Tobii)

178

A recent decision by the Competition Appeal Tribunal (CAT), Tobii AB (publ) v. Competition and Markets Authority, confirms a deferential standard for the U.K. Competition and Markets Authority (CMA) in its merger prohibitions. The CMA is widely regarded as a thought leader among merger control (...)

Nathaniel Carden, Paul W. Oosterhuis, Niels Baeten, Giorgio Motta, Alex Jupp, James Anderson The EU General Court delivers two judgments providing guidance on the application of the arm’s length principle in the context of State aid investigations (Fiat / Starbucks)

363

Introduction On September 24, 2019, the EU General Court (General Court) issued its long-awaited judgments in relation to the appeals brought against two European Commission (EC) decisions of 2015 concluding that tax rulings granted by The Netherlands and Luxembourg conferred illegal state aid (...)

Bill Batchelor, Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, Thorsten Goetz The EU Commission publishes a report authored by three prominent advisers which recommends vigorous enforcement and adjustments to established concepts in the digital sector

36

On April 4, 2019, the European Commission published a report prepared by three special advisers (the Advisers) appointed by EU Competition Commissioner Margrethe Vestager to explore how EU competition policy should evolve in the digital age. In the report, the three authors, all academics, (...)

Bill Batchelor, Frederic Depoortere, Giorgio Motta, Thorsten Goetz, Ingrid Vandenborre The UK FCA issues its first antitrust decision and fines several companies for sharing strategic information during an initial public offering (Hargreave / Newton / RAMAM)

193

The U.K. Financial Conduct Authority (FCA) has issued its first antitrust decision since obtaining competition law powers four years ago. The decision is a controversial one. It sets the FCA up as a strict enforcer on the type of information that competing investors can share when making (...)

Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, Michael J. Frese, Simon Baxter The EU Court of Justice deals a blow to the EU Commission’s power to close antitrust investigations with commitment decisions by ruling that they do not preclude national courts from examining whether agreements comply with antitrust rules (Gasorba / Repsol)

802

On November 23, 2017, the Court of Justice of the European Union (Court of Justice) dealt a blow to the European Commission’s (Commission) power to close antitrust investigations with commitment decisions, with its ruling in Case C-547/16 Gasorba et al. v. Repsol. The Court of Justice ruled that (...)

Alex Jupp, Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, James Anderson, Jonathon J. Egerton-Peters, Niels Baeten The EU Commission opens an in-depth investigation into UK statutory rules exempting some financing incomes earned by foreign subsidiaries

406

On 26 October 2017, the European Commission (the Commission) opened an in-depth investigation into UK statutory rules that exempt certain financing income earned by foreign subsidiaries of UK corporate taxpayers from UK tax. The Commission’s investigation will focus on whether the UK Controlled (...)

Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, Simon Baxter The EU Court of Justice quashes a judgment of the General Court that upheld a fine of €1.06 billion for an abuse of dominance due to implementing loyalty rebates based on exclusivity agreements (Intel)

902

On September 6, 2017 ,the Court of Justice of the European Union (CJEU) quashed the 2014 judgment of the General Court (GC) that upheld a fine of €1.06 billion ($1.5 billion) on Intel Corporation Inc. (Intel) for abusing a dominant market position by implementing loyalty rebates based on (...)

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