As the UK departs the European Union, the CMA – the UK competition regulator – is facing a transformation in its mandate. White & Case considers how the CMA will approach its workload during and after the Transition Period...more
2/1/2020
/ Anticompetitive Behavior ,
Antitrust Investigations ,
Cartels ,
Competition Authorities ,
Court of Justice of the European Union (CJEU) ,
EU ,
EUMR ,
European Commission ,
Expiration Date ,
Merger Controls ,
Mergers ,
Parallel Proceedings ,
Transitional Arrangements ,
Treaty on the Functioning of the European Union (TFEU) ,
UK ,
UK Brexit ,
UK Competition and Markets Authority (CMA) ,
Withdrawal Agreement
National security interventions have largely been confined to defense-related transactions -
Since mid-2018, there have been a number of important changes (actual and proposed) to legislation permitting intervention by...more
1/9/2020
/ Acquisitions ,
Defense Sector ,
Dual Use Goods ,
Enterprise Act 2002 ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Investment ,
Intervention Notices ,
National Security ,
Proposed Amendments ,
Public Interest ,
Secretary of State ,
UK ,
UK Competition and Markets Authority (CMA)
In BritNed v ABB, the English Court of Appeal substantially reduced the UK's first award of damages in a so-called cartel damages claim brought for breach of European competition law. In so doing, the Court rejected calls for...more
11/11/2019
/ Antitrust Violations ,
Appeals ,
Breach of Competition Law ,
Burden of Proof ,
Calculation of Damages ,
Cartels ,
Compensatory Damages ,
Compound Interest ,
Damage Caps ,
Damages ,
Electricity ,
European Commission ,
Infringement ,
Lost Profits ,
Power Grid ,
Punitive Damages ,
Remittitur ,
Treaty on the Functioning of the European Union (TFEU) ,
UK
CMA investigation into Amazon/Deliveroo and Paypal/iZettle deals highlights the regulator's increased interest in technology transactions....more
7/15/2019
/ Acquisitions ,
Amazon ,
Digital Markets Strategy ,
Initial Enforcement Order (IEO) ,
Killer Acquisitions ,
Merger Controls ,
Mergers ,
PayPal ,
Technology Sector ,
UK ,
UK Competition and Markets Authority (CMA) ,
UK Regulatory Reforms
On 3 July 2019, the Competition & Markets Authority ('CMA') announced a new Digital Markets Strategy, which sets out the watchdog's new "road map" for policy development in a bid to keep pace with a rapidly developing digital...more
7/10/2019
/ Abuse of Power ,
Advertising ,
Anticompetitive Behavior ,
Consumer Information ,
Consumer Protection Laws ,
Digital Marketplace ,
Digital Markets Strategy ,
European Commission ,
Marketing ,
Monetization ,
Online Platforms ,
Targeted Digital Advertising ,
UK ,
UK Competition and Markets Authority (CMA)
In a landmark decision on 21 February 2019 (the "Decision"), marking the first use of its enforcement powers under the Competition Act 1998 ("CA 1998"), the Financial Conduct Authority ("FCA") imposed fines on three asset...more
5/30/2019
/ Anti-Competitive ,
Asset Management ,
Bids ,
Competition Act ,
Enforcement Actions ,
Enforcement Authority ,
Financial Conduct Authority (FCA) ,
Fines ,
Immunity ,
Information Sharing ,
Initial Public Offering (IPO) ,
Investors ,
Leniency Programs ,
Offering Price ,
Precedential Opinion ,
Securities ,
UK
This Alert provides an update with respect to foreign direct investment ("FDI") regimes in certain key jurisdictions since the Firm's comprehensive FDI Guide, National Security Reviews 2018, was published in November 2018....more
4/29/2019
/ Australia ,
CFIUS ,
China ,
EU ,
European Council ,
Export Control Reform Act (ECRA) ,
Federal Pilot Programs ,
FIRB ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Germany ,
Japan ,
Mergers ,
National Security Review Proceedings ,
U.S. Commerce Department ,
UK ,
United States
Competition authorities around the world typically place considerable weight on parties' internal documents when assessing the potential effects of a merger. Such documents, many of which can pre-date the companies' decision...more