The judgment rejects the European Commission’s expansive re-interpretation of the European Union Merger Regulation, stressing the need for legal certainty in line with the EU legislature’s intent....more
9/9/2024
/ Antitrust Provisions ,
Competition Authorities ,
Court of Justice of the European Union (CJEU) ,
EU ,
European Commission ,
European Merger Control Regulation ,
Jurisdiction ,
Jurisdictional Thresholds ,
Member State ,
Merger Controls ,
Merger Reviews ,
Mergers ,
Threshold Requirements
The European Commission (EC) has published draft antitrust guidelines on exclusionary abuses (the Draft Guidelines) and is conducting a public consultation to gather feedback....more
9/5/2024
/ Antitrust Provisions ,
Competition ,
Consultation ,
Draft Guidance ,
Enforcement ,
Enforcement Priorities ,
EU ,
European Commission ,
Exclusionary Authority ,
Global Market ,
Multi-Factor Test ,
Treaty on the Functioning of the European Union (TFEU)
On 5 July 2024, the final text of the Corporate Sustainability Due Diligence Directive (CSDDD) was entered into the Official Journal of the EU. The CSDDD will enter force on 25 July 2024. This marks the final key step in the...more
7/15/2024
/ Climate Change ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
EU ,
EU Directive ,
Member State ,
Reporting Requirements ,
Supply Chain ,
Sustainability ,
Sustainable Business Practices
The FCA found that wholesale data markets can be improved, but has ruled out a significant intervention.
The FCA has published the findings of its wholesale data market study (MS23/1.5), which examined competition in the...more
3/8/2024
/ Asset Class ,
Benchmarks ,
Competition ,
Credit Ratings ,
Data Collection ,
Enterprise Act 2002 ,
Financial Conduct Authority (FCA) ,
Financial Markets ,
FSMA ,
Information Reports ,
UK ,
Wholesale
Political Agreement Reached on Corporate Sustainability Due Diligence Rules -
On 14 December 2023, the European Council (Council) and European Parliament (Parliament) reached a political agreement on the Corporate...more
Corporates and deal teams should pay careful attention to drafting non-competes and other restrictive arrangements as UK, EU, and US regulators step up enforcement.
Regulators on both sides of the Atlantic are placing...more
9/29/2023
/ Acquisitions ,
Anti-Competitive ,
Department of Justice (DOJ) ,
Employment Contract ,
EU ,
Federal Trade Commission (FTC) ,
Mergers ,
New Guidance ,
No-Poaching ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Proposed Rules ,
Restrictive Covenants ,
Risk Mitigation ,
Strategic Enforcement Plan ,
UK ,
UK Competition and Markets Authority (CMA) ,
Wage-Fixing
Whilst not a sea of difference apart, the two regimes present notable distinctions for companies operating on both sides of the Channel to navigate. Upon its expiry on 31 May 2022, the 2010 Vertical Block Exemption...more
The latest proposals show the direction of travel in the increasingly expanding web of consumer protection regulation on sustainable products and initiatives.
Background -
The European Green Deal, presented by the...more
The EU’s latest initiative to enhance ESG disclosures will expand the requirements of earlier initiatives and bring considerably more companies within its scope.
On 5 January 2023, the Corporate Sustainability Reporting...more
This 13th edition of The Technology, Media and Telecommunications Review provides updated overviews of legal and policy constructs and developments in the TMT arena across 18 jurisdictions around the world. As in years past,...more
1/13/2023
/ Broadband ,
Coronavirus/COVID-19 ,
Digital Markets Strategy ,
Media ,
OFCOM ,
Public Policy ,
Regulatory Oversight ,
Technology ,
Technology Sector ,
Telecommunications ,
UK ,
UK Competition and Markets Authority (CMA)
Latham lawyers highlight key takeaways and developments in the sustainability space from the second half of the year.
...more
12/22/2022
/ Antitrust Provisions ,
Climate Change ,
Consultation ,
Corporate Governance ,
Corporate Social Responsibility ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
EU ,
European Commission ,
European Securities and Markets Authority (ESMA) ,
Forced Labor ,
Greenhouse Gas Emissions ,
Investment Funds ,
Sustainability
EU Parliament and Council reach agreement on CSRD -
European Parliament and European Council | 21 June 2022 -
The European Parliament and European Council reached a provisional political agreement on the terms of the...more
8/18/2022
/ Antitrust Provisions ,
Blocked Mergers ,
Corporate Governance ,
Due Diligence ,
EU ,
EU Directive ,
European Commission ,
European Parliament ,
Exemptions ,
Natural Gas ,
Nuclear Power ,
Reporting Requirements ,
Sustainability ,
Sustainable Business Practices ,
Sustainable Finance ,
Unfair or Deceptive Trade Practices
On 10 May 2022, the European Commission (EC) adopted the new Vertical Block Exemption Regulation (VBER), accompanied by the new Guidelines on Vertical Restraints (Vertical Guidelines). The new rules are the result of a...more
5/27/2022
/ Antitrust Provisions ,
Competition ,
EU ,
European Commission ,
Exemptions ,
Most-Favored Nations ,
New Guidance ,
Online Platforms ,
Safe Harbors ,
Sales & Distribution Agreements ,
Treaty on the Functioning of the European Union (TFEU) ,
Vertical Block Exemption Regulation (VBER)
PE investors may like the sound of music deals but complex issues remain.
Music deals, particularly the acquisition of rights to songs and recordings by popular music artists, continue to be attractive investments for...more
Truly Green? CMA Continues to Evolve Guidance and Metrics for Companies’ Environmental Claims -
The Competition and Markets Authority’s (CMA’s) Green Claims Code (the Code) and final guidance (the Guidance) on...more
12/22/2021
/ Climate Change ,
Coronavirus/COVID-19 ,
Disclosure Requirements ,
EU ,
Green Marketing ,
Net Zero ,
New Guidance ,
Regulation Technical Standards (RTS) ,
Sustainability ,
Taxonomy ,
UK ,
UK Competition and Markets Authority (CMA)
Businesses must review the Green Claims Code and accompanying guidance to determine whether their environmental claims are in compliance.
Background: The need for a Green Claims Code -
The Competition and Markets...more
The European Commission continues to explore how competition policy can support the bloc’s increased focus on sustainability and progression towards climate neutrality by 2050.
On 10 September 2021, Inge Bernaerts,...more
Delivering the European Green Deal | Fit for 55 package -
The European Commission has put forward Fit for 55, a package of legislative proposals to make its policies fit for delivering the updated 2030 greenhouse gas...more
The proposals include certain notable changes, while also mirroring the current UK framework and the European Commission’s planned approach in many respects.
The UK Competition and Markets Authority (CMA) has proposed...more
The package focuses on material sustainability reporting and disclosure obligations, as the EU looks to direct capital toward sustainable activities.
On 21 April 2021, one day prior to Earth Day and a US-led global...more
6/14/2021
/ AIFM ,
Carbon Emissions ,
Climate Change ,
Disclosure Requirements ,
Environmental Policies ,
EU ,
European Commission ,
Fiduciary Duty ,
Green Finance ,
Greenhouse Gas Emissions ,
MiFID ,
MiFID II ,
Net Zero ,
Reporting Requirements ,
Sustainability ,
UCITS
The new rules follow coordinated regulatory and antitrust scrutiny of overcharging loyal customers. On 28 May 2021, the FCA published a policy statement setting out new pricing practices rules for insurers and insurance...more
The European Commission (EC) has published new guidance on the application of the referral mechanism set out in Article 22 of the EU merger regulation (EUMR) allowing for mergers falling below national merger thresholds to be...more
4/1/2021
/ Acquisitions ,
Administrative Procedure ,
Competition Authorities ,
Enforcement Authority ,
EU ,
European Commission ,
European Merger Control Regulation ,
Member State ,
Merger Controls ,
Mergers ,
New Guidance ,
Pharmaceutical Industry ,
Technology Sector
The CMA’s new programme of work will examine whether algorithmic systems can be used in ways that create anti-competitive effects and consumer detriment.
Key Points:
..The CMA’s research will focus largely on...more
The European Commission is seeking feedback on introducing regulations or guidance to ensure that EU competition law rules do not prevent self-employed workers from collectively bargaining.
On 6 January 2020, the European...more
The CMA’s efforts to make dynamic, forward-looking assessments of parties’ overlaps will only increase post-Brexit.
Dealmakers must be alert to the increasingly interventionist approach of the UK’s Competition and Markets...more