2024 was a significant year for merger enforcement worldwide. In the United States, the Biden administration continued the aggressive approach reflected in the revamped Merger Guidelines issued in December 2023. In Europe,...more
The Situation:Â On September 10, 2024, the UK government published the third National Security and Investment Act 2021 Annual Report ("2023/2024 Annual Report"), revealing longer processing times for foreign direct investment...more
The Situation: The UK Competition and Markets Authority ("CMA") recently secured undertakings from fashion brands ASOS, Boohoo, and George at Asda to address allegedly misleading environmental claims. The CMA has also...more
5/22/2024
/ Advertising ,
Advertising Standards Authority ,
Competition ,
Corporate Counsel ,
Environmental Claims ,
Environmental Policies ,
EU ,
Federal Trade Commission (FTC) ,
FTC Act ,
Green Energy ,
Greenwashing ,
Section 5 ,
UK ,
UK Competition and Markets Authority (CMA)
The UK Competition and Markets Authority ("CMA") has successfully appealed a decision of the UK Competition Appeals Tribunal (the "Tribunal") rejecting its application for a warrant to search domestic premises—paving the way...more
In recent years, the world has witnessed heightened sensitivity surrounding foreign investments, leading to increased regulatory scrutiny of foreign direct investments ("FDI") on the basis of national security concerns. The...more
The UK Competition and Markets Authority ("CMA") has identified "fundamental concerns" in the housebuilding sector and has made a series of recommendations for the UK, Scottish, and Welsh governments to consider, rather than...more
The UK Competition and Markets Authority ("CMA") launched a market study on 20 February 2024 into baby formula, the latest development in a broader focus on the food and grocery sector....more
2/27/2024
/ Antitrust Investigations ,
Baby Products ,
Competition ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
Grocery Stores ,
Manufacturers ,
Price Inflation ,
Suppliers ,
UK ,
UK Competition and Markets Authority (CMA)
The Development: On January 24, 2024, the European Commission ("EC") unveiled a package of five fresh initiatives aimed at strengthening the European Union's ("EU") economic security (the "Package"). This will likely increase...more
The Development: The Screening of Third Country Transactions Act 2023 (the "STCT Act") was signed into law on October 31, 2023, introducing a new investment screening regime in the Republic of Ireland ("Ireland") with a...more
In Short -
The Background: Luxembourg has introduced a new foreign direct investment regime with a suspensory mandatory notification requirement in relation to investments in a broad range of sectors....more
In Short -
The Development: The Court of Justice of the European Union ("ECJ") annulled a General Court ("GC") ruling that had adopted a high standard of proof for the European Commission ("EC") to block transactions in...more
8/15/2023
/ Antitrust Provisions ,
Competition ,
Corporate Counsel ,
EU ,
EU Merger Directive ,
European Commission ,
European Court of Justice (ECJ) ,
Horizontal Mergers ,
Judicial Review ,
Merger Controls ,
UK
To minimize antitrust risk, dual distribution requires caution in coordination between a supplier and retailers.
The UK's Competition and Markets Authority ("CMA") will fine Leicester City Football Club ("LCFC") up to...more
In Short -
The Development: The new Belgian foreign direct investment screening law ("FDI Regime") imposes preclosing filing requirements on non-EU investments into various industry sectors in Belgium, including energy,...more
In Short -
The Development: On 1 June 2023, the Security Screening of Investment, Mergers and Acquisitions Act (Wet Veiligheidstoets investeringen, fusies en overnames) ("the FDI Act") entered into force, introducing a...more
The UK Competition and Markets Authority ("CMA") announced a review of competition and consumer protection considerations in the development and use of artificial intelligence ("AI") models....more
In Short -
The Development: The Court of Justice of the European Union ("ECJ") held that national competition authorities ("NCA") may investigate and block an M&A transaction that violates Article 102 of the Treaty on the...more
Since the United Kingdom implemented the National Security and Investment Act in January 2022 ("NSI Regime"), there has been a significant increase in state intervention in, and review of, business transactions in the United...more
This Jones Day Global Merger Control Update highlights significant recent developments and changes in merger control regimes. In this Update, we review: (i) key changes to merger regimes in Austria, Belgium, Bulgaria,...more
The European Parliament ("EP") and Council formally adopted the Digital Markets Act ("DMA") in July 2022, imposing new behavioral obligations on large digital platforms qualifying as "gatekeepers." The final agreement...more