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UK Revamps Merger Control, Expanding CMA’s Jurisdiction and Making Procedures More Flexible

The United Kingdom’s Digital Markets, Competition and Consumers Act (the Act) received royal assent on 24 May 2024. The Act introduces wide-ranging amendments to the UK competition and consumer law regimes that expand the...more

UK Enacts a New Digital Regime Regulating the Conduct of Major Tech Platforms

The Digital Markets, Competition and Consumers Act (DMCC or the Act), adopted on 24 May 2024, empowers the Competition and Markets Authority (CMA) to regulate the conduct of major tech platforms....more

EU and UK Consider First Stand-Alone Disparagement Cases

The development of case law on disparagement has, to date, been driven mainly by the French competition authority, or has been addressed under consumer protection or other national laws. The European Commission’s (EC’s) and...more

EU and UK Merger Regulators Look Beyond Horizontal and Vertical, With Digital ‘Ecosystems’ a New Focus

Key Points - - EU competition regulators are increasingly considering “ecosystems” of products and services in their analysis of the competitive impact of mergers — a framework that often does not fit with the historical...more

New UK Law Will Give CMA Broad Powers To Boost Competition in Digital Markets

On April 25, 2023, the UK Government published its long-awaited Digital Markets, Competition and Consumers Bill (Bill) which, among other things, introduces a new ex ante regulatory regime for digital markets. The Bill...more

UK To Revamp Merger Control, Expanding CMA’s Jurisdiction and Making Procedures More Flexible

On 25 April 2023, the UK government published the Digital Markets, Competition and Consumers Bill (Bill), which will introduce wide-ranging amendments to the UK competition and consumer law regimes that expand the powers of...more

EU Merger Control and Digital Markets

On 31 May 2022, Skadden, Compass Lexecon and Concurrences convened for a fireside chat to discuss developments in merger control and digital markets, followed by a panel discussion on a range of issues, including the...more

Deal Uncertainty Increases as Merger Control Authorities Gain Discretionary Powers of Review

Takeaways - More than 50 countries now have the discretion to conduct competition reviews of mergers below mandatory notification thresholds, and the European Commission, EU member states, the U.K. and others are using...more

UK Antitrust Shakeup Would Increase Merger Scrutiny, Broaden Investigative Powers and Create New Oversight of Big Tech

The U.K. government is consulting on far-reaching reforms to U.K. competition and consumer laws, which would substantially expand the powers of the Competition and Markets Authority (CMA) and reduce procedural protections....more

Distribution Duel: UK and EU Competition Reforms Threaten To Create Conflicting Rules on Parity Clauses and Dual Distribution

The European Union and United Kingdom have each proposed modifications of their antitrust rules on distribution. The proposals diverge significantly on common distribution practices, creating legal challenges for distribution...more

Merger Control Reviews: Spotlight on Internal Documents

In a webinar held on March 25, 2021, Skadden antitrust/competition partners Kenneth Schwartz and Ingrid Vandenborre joined Charles River Associates vice presidents Andrew Dick and Oliver Latham to discuss the important role...more

Revised Merger Assessment Guidelines Codify UK Interventionist Approach to Dynamic Markets

The U.K.’s Competition & Markets Authority (CMA) has released new merger assessment guidelines that confirm the U.K. regulator’s intensified approach to merger control.1 The guidelines largely codify the CMA’s recent output,...more

‘Power to the People’: Long-Awaited UK Report Calls for Streamlining and Enhanced Legal Predictability in UK Antitrust Regime

Commissioned by the U.K. government to review its antitrust regime, Conservative Member of Parliament John Penrose’s “Power to the People” report proposes streamlined, modest changes rather than wholesale reform to the...more

EU-UK Antitrust Enforcement and Cooperation

The Trade and Cooperation Agreement (TCA) governing post-Brexit trade relations between the UK and the EU includes provisions regulating EU-UK antitrust enforcement and cooperation effective 1 January 2021....more

Trends and Key Issues in Fintech M&A

In a webinar held on 10 December 2020, Skadden partners Sonia Nijjar, Simon Toms and Ingrid Vandenborre were joined by Charles River Associates (CRA) Senior Adviser and Deputy Chair of the Bank of England’s Enforcement...more

Antitrust and the EU-UK Trade and Cooperation Agreement

The European Union (EU)-U.K. Trade and Cooperation Agreement (TCA) governing post-Brexit trade relations between the U.K. and the EU includes provisions regulating EU/U.K. antitrust enforcement and cooperation effective...more

Digital Deals — Navigating CMA Scrutiny

The U.K. Competition & Markets Authority (CMA), which is on the cusp of becoming an independent merger regulator post-Brexit, is already known for its readiness to investigate global digital deals, issue freezing orders and...more

UK Competition and Markets Authority Has Proposed Updates to Merger Assessment

Following its review of a series of global deals in the digital markets space, the U.K.’s Competition & Markets Authority (the CMA) has launched a consultation on revised merger assessment guidelines (the draft guidelines)...more

Antitrust Planning During the Countdown to Brexit

December 31, 2020, is the last day of the Brexit transition period under the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland From the European Union and the European Atomic Energy...more

Europe and the UK Race To Protect Businesses Impacted by the Coronavirus Pandemic: Foreign Investment, State Aid and Antitrust...

State measures to combat the spread of COVID-19 have brought many countries across Europe to a standstill. While health care systems struggle to respond, the pandemic has also provided “a major shock for our economies.”1...more

The UK Court of Appeal Overturns CAT and Imposes Agency Discretion on Excessive Price Benchmark

On March 10, 2020, the England and Wales Court of Appeal (CoA) handed down its judgment in the appeals by the U.K. Competition and Markets Authority (CMA) and Flynn Pharma Ltd. against a June 2018 Competition Appeal...more

Competition Law Litigation in the UK

On December 4, 2019, Skadden hosted a discussion with Sir Marcus Smith QC, a Justice of the High Court and a chair of the Competition Appeal Tribunal (Tribunal). Sir Marcus has presided over leading cases in the U.K. on...more

Competition Appeal Tribunal Sets Deferential Standard for CMA Merger Control Review

A recent decision by the Competition Appeal Tribunal (CAT), Tobii AB (publ) v. Competition and Markets Authority, confirms a deferential standard for the U.K. Competition and Markets Authority (CMA) in its merger...more

Planning for Merger Reviews and Antitrust Investigations Under the Brexit Withdrawal Agreement

The U.K. Competition and Markets Authority (CMA) has published “Guidance on the Functions of the CMA Under the Withdrawal Agreement” (Guidance), which sets out the regulator’s approach to merger and competition cases during...more

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