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New U.K. digital markets regime

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

U.K. consumer enforcement overhaul

The Digital Markets, Competition and Consumers Act 2024 will result in a landmark overhaul of the U.K. consumer protection regime. It will dramatically increase the Competition and Markets Authority (CMA's) enforcement powers...more

U.K. antitrust regime revamp

The Digital Markets, Competition and Consumers Act 2024 will in the main start to take effect in stages later in 2024 and will bolster the powers of the Competition and Markets Authority (CMA) to enforce U.K. antitrust rules....more

U.K. finalizes new consumer antitrust and digital markets regime

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

UK Almost Triples Spending on Subsidies Since Leaving the European Union

Shearman & Sterling advises on many of the most significant subsidy matters in the UK and European Union. As part of this work, we have seen the increasing role that subsidy has played in the policy choices made by...more

UK Supreme Court Rules that Litigation Funding Agreements are ‘Damages-Based Agreements’

In a decision of major importance for litigation in the UK, the UK Supreme Court has held that litigation funding agreements (“LFAs”) under which a litigation funder receives a percentage of any damages recovered by the...more

Damages Claims in the Competition Appeal Tribunal – Where Have We Come From And Where to Next?

Will 2022 be seen as the year in which the gates finally opened for damages claims in the Competition Appeal Tribunal (CAT)?...more

CMA Merger Control Jurisdiction to be Expanded Further

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

Intel v. Commission: Victory for Companies, Loss for Commission

On 26 January 2022 the General Court (GC) issued its latest judgment in the Intel case, faulting fundamental aspects of the Commission’s original decision almost 13 years prior. The judgment’s findings are promising for...more

UK Supreme Court Judgement in Servier Competition Damages Litigation

Holds Findings Made by European Courts Cannot Be Relied on in Different Context in Other Proceedings - On November 6, 2020 the U.K. Supreme Court handed down a judgment relating to the Servier U.K. competition damages...more

The UK National Investment and Security Bill is published

On 11 November 2020, the U.K. Government announced long-awaited and extensive reforms to the U.K. foreign investment regime. The reforms proposed are more significant than anticipated and include a mandatory notification...more

Shearman & Sterling Responds to the EC Market Definition Notice Consultation

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

Navigating Systemic Risk: Protecting Financial Institutions form Avoidable Losses

COVID-19 has acted as an accelerator, bringing into play scenarios which were previously only contingencies and making contingencies of (and requiring planning for) situations which were previously barely imaginable. The debt...more

CMA Signals New Path for UK Clamp Down on Big Tech

On 1 July 2020, the U.K. Competition and Markets Authority (CMA) published a statement outlining a series of regulatory initiatives aimed at Google and Facebook, focussed on digital advertising. This follows the release of...more

7/7/2020  /  Facebook , Google , UK

UK Supreme Court Gives Important Judgment in the Visa/Mastercard ‘Interchange Fee’ Litigation

The U.K. Supreme Court has handed victory to a group of British retailers (the “respondents”) in a long-running dispute with Mastercard and Visa Europe (the “appellants”) finding that the default “multilateral interchange...more

6/24/2020  /  MasterCard , UK , UK Supreme Court , Visas

The Court’s Quash of the European Commission’s UK Mobile Merger Prohibition Will Have Consequences Far Beyond the Telco Sector

Under the leadership of Margrethe Vestager, the European Commission has taken an increasing interventionist stand across all areas of antitrust enforcement, in particular in merger control. The EU’s General Court dealt that...more

Competition Litigation Update

The English Courts will continue this year to consider several issues that will shape the future of private damages actions for infringements of competition law....more

5/13/2020  /  Competition , European Commission , UK

Blacklines Comparison of the New UK/EU Withdrawal Agreement Terms

Yesterday, the EU and U.K. in principle agreed new terms for the withdrawal agreement giving effect to the U.K.’s exit from the European Union. These include a revised political declaration and protocol concerning Northern...more

Excessive Pricing, ‘Pay-For-Delay’ and Rebates: A New Era of Enforcement in the Pharmaceutical Industry

The European Commission (EC) and other national competition authorities (NCAs) have traditionally shied away from investigating allegations of excessive pricing and appearing as price regulators. Commissioner Vestager warned...more

An Update on Brexit and (Current) Implications on Trade

It has been a year since Article 50 was triggered on March 29, 2017, and if no extension is given, the U.K. will leave the European Union (EU) on March 29, 2019. This means that negotiations are now at the half-way point, but...more

Foreign Investment Control: Trade Protectionism or Reasonable Control Over a Nation’s Industries?

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

Brexit State Aid Implications

State aid control is unusual internationally. State aid is entirely a matter of EU law and is administered by the EU. Unlike other areas of competition law, such as antitrust and merger control, there are no national rules or...more

Brexit Q&A: Business Implications

On Thursday 23 June 2016, the UK electorate voted to leave the European Union. While this vote was advisory in nature, we expect that ultimately the UK Government and Parliament will respect the outcome and serve notice to...more

Brexit: What Does the Vote Mean for Business?

Today, it was announced that the UK public has voted to leave the European Union. There will now be a negotiation of a new relationship between the UK and Europe. The fact of the vote itself has no legal effect on the laws of...more

Brexit: Options for and Impact of the Possible Alternatives to EU Membership

The UK is holding a referendum on 23 June 2016 to decide whether or not to remain a member of the European Union. There seems to be a disconnect between some aspects of public discourse on the vote and the actual effect of an...more

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