The UK’s Competition & Markets Authority (CMA) is taking significant steps to evolve its approach to merger control, introducing a new Mergers Charter and launching a review of its merger remedies framework. These initiatives...more
Our latest edition explores the top merger control trends across the EU, US, UK, Middle East and Australia, and the outlook for 2025.
EU and US merger control enforcement: quo vadis?
In the EU, Executive Vice...more
1/20/2025
/ Acquisitions ,
Antitrust Division ,
Artificial Intelligence ,
Competition ,
Department of Justice (DOJ) ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Global Dealmaking ,
Member State ,
Merger Controls ,
Mergers ,
Technology Sector ,
UK
The UK's Competition and Markets Authority (CMA) has published a suite of guidance documents that set out how it intends to exercise its powers under the Digital Markets, Competition, and Consumers Act (Act). The Act, which...more
After years of planning and debate, the UK's Digital Markets, Competition, and Consumers Act will come into force on 1 January 2025. This landmark legislation provides expanded powers to the CMA in respect of merger control,...more
On 6 November 2024, the Department for Culture, Media & Sport ("DCMS") published a consultation on updating the media mergers regime for the digital age. This consultation comes amidst seismic shifts in the media sector, from...more
The third Annual Report on the UK's National Security and Investment Act provides some valuable insights into the review process and how it continues to develop. We explore some of the key metrics and trends and what they...more
Dealmaking in the global financial services sector posted an uptick in activity during the first quarter of the year. This rebound is especially significant given the market headwinds the sector has faced over the past few...more
On 22 April 2024, the UK High Court handed down its judgment that the Competition Appeal Tribunal had erred in law when it previously refused to grant the Competition & Markets Authority a warrant to search a domestic...more
5/2/2024
/ Cartels ,
Competition ,
Electronic Devices ,
Evidence ,
Investigations ,
Raids ,
Remote Working ,
Search Warrant ,
UK ,
UK Competition and Markets Authority (CMA) ,
UK Competition Appeal Tribunal (CAT)
In April 2024, the UK Government published its response to the Cabinet Office's 'call for evidence' on the National Security and Investment Act 2021. The call for evidence was an invitation to submit views on how the NSIA...more
In yet another twist in the Illumina/Grail saga, Advocate General Emiliou has challenged the European Commission's approach to calling-in certain non-reportable transactions for review. The final judgment will be delivered by...more
The UK's Competition and Markets Authority (the "CMA") has published a research report on competition and market power in labour markets. The report is likely to reinforce the CMA’s determination to use its competition law...more
In a heavy blow to the litigation funding industry, the UK Supreme Court has held that many litigation funding agreements are damages-based agreements and must comply with the relevant regulatory regime. Funders will be...more
The EU Foreign Subsidies Regulation took effect on 12 July 2023 to much fanfare. We take a look at the top five things PE funds need to know when considering acquisitions with a European footprint.
The Foreign Subsidies...more
The long-awaited Digital Markets, Competition and Consumers Bill has been published. Touted as a Bill to "stamp out unfair practices and promote competition in digital markets", the DMCC seeks to enhance consumer protection...more
The UK antitrust authority, the CMA, has recently published a guide for employers on how to avoid breaching UK antitrust law in labour markets. This publication signals the UK's intent to ratchet up antitrust scrutiny of...more
3/20/2023
/ Antitrust Division ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Employees ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
No-Poaching ,
Non-Compete Agreements ,
UK ,
UK Competition and Markets Authority (CMA) ,
United States
On 8 February 2023, the CAT upheld claims by both BMW and Volkswagen confirming that the CMA cannot compel responses to information requests from companies with no territorial connection to the UK. In March 2022, the CMA...more
4 January 2023 marked the one-year anniversary of the coming into force of the UK's National Security and Investment Act. We take a look at decisional practice to date and the lessons learned from the regime so far....more
On 1 September, the European Commission (EC) issued its Second Annual Report under Article 5(4) of the Foreign Direct Investments (FDI) Screening Regulation along with an EC Staff Working Document (SWD). The Report covers the...more
On 12 July 2022, the UK Competition and Markets Authority published final guidance for its new antitrust rules governing vertical agreements. The new rules provide additional flexibility for the design of distribution...more
On 20 July 2022, the Secretary of State for Business, Energy and Industrial Strategy issued the first prohibition under the National Security and Investment Act 2021. We consider the lessons learned from this milestone and...more
The Subsidy Control Bill (the "SCB"), first introduced by the Department of Business, Energy and Industrial Strategy (the "BEIS") on 30 June 2021, is making its way through the House of Lords ahead of expected adoption in...more
The National Security and Investment Act introduces a mandatory obligation to secure clearance for certain types of transactions -
On January 4, 2021, the long-anticipated National Security and Investment Act 2021 (NSIA)...more
The European Commission (EC) issued its first Annual Report pursuant to Article 5(3) of the Screening Regulation on foreign direct investment (FDI) in the EU on 23 November 2021. The Report provides transparency around the...more
11/29/2021
/ Annual Reports ,
Cross-Border Transactions ,
EU ,
EU Screening Regulation ,
European Commission ,
Foreign Direct Investment ,
Foreign Investment ,
Investors ,
Member State ,
Popular ,
Transparency
As the importance of sustainability and eco-friendliness grows among consumers worldwide, the UK Competition and Markets Authority (CMA) has concerns that an increasing number of businesses misleadingly market their products...more
Having received Royal Assent on 29 April 2021, the Secretary of State for Business Energy and Industrial Strategy ("SoS") has announced that the investment-screening regime envisaged by the National Security and Investment...more