The Digital Markets, Competition and Consumers Act 2024 will introduce groundbreaking new rules to regulate digital markets in the U.K. It aims to boost competition by controlling the conduct of the largest digital firms,...more
6/3/2024
/ Antitrust Provisions ,
Competition ,
Consumer Protection Laws ,
Digital Marketplace ,
Digital Markets Strategy ,
EU ,
Merger Controls ,
Pending Legislation ,
Regulatory Agenda ,
Technology Sector ,
UK ,
UK Competition and Markets Authority (CMA)
The Digital Markets, Competition and Consumers Act 2024 has finally been enacted. It introduces significant changes to U.K. merger control and antitrust rules, establishes a new consumer protection regime and introduces a...more
6/3/2024
/ Antitrust Division ,
Competition Act ,
Consumer Protection Laws ,
Digital Markets Strategy ,
EU ,
Investigations ,
Merger Controls ,
Mergers ,
New Rules ,
Online Platforms ,
Regulatory Agenda ,
Regulatory Reform ,
Technology Sector ,
UK ,
UK Competition and Markets Authority (CMA)
Overview -
- The European Court of Justice (CJEU) brought back to life an old theory which allows acquisitions, which fall below EU and national merger control thresholds, to be challenged post-completion under abuse of...more
On 18 May 2022, the European General Court rejected Canon’s appeal against a €28 million fine imposed by the European Commission in 2019 for its breach of EU gun-jumping rules, just a few months after a similar judgment,...more
The U.K. Competition and Markets Authority (CMA) is expected to be granted wider jurisdictional powers for merger control enforcement in legislative proposals mentioned in today’s Queen’s Speech. The powers derive from the...more
In her first speech upon being reappointed as Competition Commissioner, Commissioner Vestager announced that a review would be undertaken of the Commission’s Market Definition Notice (the “Notice”); the consultation on that...more
10/12/2020
/ Antitrust Investigations ,
Antitrust Litigation ,
EU ,
EU Merger Directive ,
European Commission ,
European Merger Control Regulation ,
Merger Controls ,
Mergers ,
UK ,
UK Brexit ,
UK Competition and Markets Authority (CMA)
The first wave of discussion about the impact of COVID-19 on EU merger control was very much on the practical and procedural. What, impact if any, will the response to this crisis have on the substantive assessment of mergers...more
Welcome to the 2019 Shearman & Sterling Antitrust Annual Report.
Our seventh edition focuses on the contrasting use by regulators of antitrust laws with respect to the FANGs, and how antitrust is being enforced in the U.S....more
7/24/2019
/ Acquisitions ,
Antitrust Investigations ,
Antitrust Litigation ,
Competition ,
Competition Authorities ,
Corporate Counsel ,
Criminal Liability ,
Department of Justice (DOJ) ,
Digital Marketplace ,
Digital Media ,
Enforcement Actions ,
EU ,
Extraterritoriality Rules ,
Federal Trade Commission (FTC) ,
FinTech ,
Hiring & Firing ,
Leniency Programs ,
Merger Controls ,
Mergers ,
No-Poaching ,
Recruitment Policies ,
State Aid ,
Trump Administration ,
UK Brexit
On 27 June 2019 the European Commission imposed a fine of €28 million on the Japanese imaging and optical products manufacturer Canon for “gun-jumping” by using a warehousing structure in its 2016 acquisition of Toshiba...more
7/9/2019
/ Acquisitions ,
Breach of Competition Law ,
Canon ,
Competition ,
Corporate Counsel ,
EU ,
European Commission ,
European Merger Control Regulation ,
Gun-Jumping ,
Merger Controls ,
Mergers ,
Toshiba ,
Warehouses
The “standstill obligation” under Article 7 of the Regulation 139/2004 on Merger Control (EUMR) prevents parties from implementing their transaction before receiving merger clearance from the European Commission (EC). Failure...more
In China, where foreign investments used to be subject to a case-by-case evaluation, the screening process for acquisitions of local businesses by foreign investors is being simplified and becoming more industry-focused. This...more
4/12/2018
/ CFIUS ,
China ,
Cross-Border Transactions ,
EU ,
European Commission ,
Foreign Acquisitions ,
Foreign Investment ,
Germany ,
Italy ,
Merger Controls ,
Mergers ,
MOFCOM ,
National Security Review Proceedings ,
UK
Shearman & Sterling’s 2017 Antitrust Annual Report reflects our lawyers’ experience and insights on key antitrust risks affecting our clients’ businesses.
...more
3/22/2017
/ American Express ,
Antitrust Investigations ,
Antitrust Violations ,
Big Data ,
Cartels ,
E-Commerce ,
EU ,
Extraterritoriality Rules ,
FTAIA ,
Merger Controls ,
State Aid ,
UK Brexit