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

Giorgio Motta

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

Giorgio Motta joined the Brussels office of Skadden, Arps in 1999. Mr. Motta has a wide-ranging experience in European Community (EC), Italian and international antitrust merger control and cartel enforcement. Mr. Motta advises clients on antitrust aspects of mergers, acquisitions and joint ventures. He has worked on numerous transactions requiring international antitrust merger control approvals both in Europe and on a worldwide basis, for clients including Activision in a $18.9 billion combination with French media conglomerate Vivendi and its wholly owned subsidiary Vivendi Games; American Express Company in its approximately $1.1 billion sale of its American Express Bank to Standard Chartered PLC; Oakley Inc. in its $2 billion acquisition by the Luxottica Group; Abbott Laboratories in the $8.1 billion sale of its laboratory testing unit and blood analysis division to General Electric Company; Guidant Corporation in its $23.9 billion acquisition by Johnson & Johnson and its subsequent $27 billion acquisition by Boston Scientific Corporation; and Fisher Scientific International in its $12.8 billion merger with Thermo Electron Corporation. Mr. Motta also deals with cartels as well as EC and Italian competition law issues relating to vertical restraints and dominance. He has represented clients in Article 101 (formerly 81) 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. In the cartel enforcement area, Mr. Motta has assisted clients in leniency proceedings before the European Commission, and he has advised clients on antitrust compliance issues. Prior to joining Skadden, Mr. Motta worked as a legal trainee in the financial services unit of the Directorate General for Competition of the European Commission. Mr. Motta is a member of the Brussels bar and the Catania bar in Italy.

Distinctions

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

Articles

7590 Bulletin

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

185

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

161

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)

234

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)

248

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)

197

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

568

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

179

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

433

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

280

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

31

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

349

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

353

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

392

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

90

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

151

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

148

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

76

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 (...)

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

131

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

139

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

82

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)

125

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)

337

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, 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)

181

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)

780

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

382

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)

870

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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