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Private Equity Deals in the Antitrust Spotlight

To date, private equity (PE) deals have seldom attracted serious scrutiny by the United Kingdom’s Competition and Markets Authority (CMA) and other antitrust regulators.  However, this looks set to change; in particular with...more

This Is Your (Antitrust) Captain Speaking: Fasten Your Seatbelts and Comply with Competition Law

An open letter was issued in January 2023 by the United Kingdom’s Competition and Markets Authority (CMA) and Civil Aviation Authority (CAA) in which the two watchdogs have reminded airport operators of their responsibilities...more

K&L Gates' Verticals Predictions for 2023: Top Trends, Opportunities, and Pitfalls

The start of 2023 marked six months since the new vertical distribution laws came into effect across the European Union (EU) and United Kingdom (UK) – see our earlier summary of the important changes here)....more

Ensure Your Discount Communications are Compliant Before You Hop on the Sales Season Omnibus!

As “Holiday Season” is increasingly synonymous with “Sales Season”, and with many sales already in full swing (Black Friday in particular), brands and traders should make sure that their discounting campaigns are compliant...more

CMA Blocks Meta/Giphy – It Might Be the Meta Universe but We're Living in the CMA's World

The United Kingdom Competition and Markets Authority (CMA) has reissued its order for Meta Platforms Inc. (Meta) (owner of Facebook) to divest the GIF (Graphics Interchange Format) platform, Giphy Inc. (Giphy). The decision...more

The UK National Security Regime Wets Its Feet: UK Government Publishes New Guidance

The National Security and Investment Act 2021 (NSI Act) came into force on 4 January 2022 and represented a brand new regime for the review of transactions with potential national security implications for the United Kingdom....more

It's All About Context: CMA Imposes £1.5 Million on Lighting Brand for Creating an Unwelcoming Environment for Product Discounts

In March 2022, the UK Competition and Markets Authority (CMA) fined the lighting products supplier, Dar Lighting Limited (Dar), £1.5 million for engaging in resale price maintenance (RPM), in breach of the UK prohibition...more

"Extra, Extra, Read All About It"—Final European and UK Brand Distribution Rules Published

On 10 May 2022, the European Commission (the Commission) finally published the official final version of the European Vertical Block Exemption Regulation (VBER) and guidelines (Vertical Guidelines). The new rules will come...more

Disapplying Competition Law - The New Fix?

Following the recent surge in consumer panic buying of fuel, the UK government announced on 27 September 2021 that it had suspended UK competition law to allow companies to share information so that fuel could continue to be...more

The UK National Security and Investment Act: Who, What, Where, When, Why?

In November 2020 the UK Government announced a new, much broader regime for the regulation of foreign investment for the protection of national security in the United Kingdom (the UK) under the National Security and...more

European Distribution Rules Latest: Dual Pricing, Shared Exclusivity in; MAP Policies Still Out

The European Commission has now published its proposed draft of the new EU rules, which will govern distribution agreements until 2032. These are set to replace the current EU Vertical Block Exemption Regulation (VBER) and...more

UK Bill Expands Scope for Foreign Investment Intervention

On 11 November 2020, the UK government announced the long-awaited and wide ranging reforms to the regulation and scrutiny of foreign direct investment. Introducing a mandatory notification system for affected transactions,...more

Enforcement of Customer-Competitor Infringements and Price Monitoring Tools Intensifies

Two recent developments in the European competition enforcement sphere provide a warning for brands when engaging with their retailers with whom they compete and when using price monitoring tools to monitor the third party...more

COVID-19: Will Today’s COVID-19 Distressed Businesses Become Tomorrow’s Antitrust-Cured Acquisition Targets?

Despite the unprecedented efforts and measures undertaken by governments across the world to mitigate the economic impact of the COVID-19 pandemic, it is an unfortunate but inevitable outcome that a number of businesses are...more

COVID-19: Beware Illegal Use of Price Monitoring Tools

It is increasingly common for brands to track the prices of their products online using electronic price monitoring tools. While the practice itself is unlikely to attract antitrust risk, as we have previously reported, in...more

Brexit Update

Our original political update was going to be more general in nature covering the turbulent state of British politics and the UK Prime Minister's "Do or Die" determination to leave the EU on 31 October with or without a deal....more

9/4/2019  /  EU , Member State , No-Deal Brexit , UK , UK Brexit

FCA to Impose Remedies in Asset Management Sector including Further Investigation into Investment Consulting

On 18 November 2016 the Financial Conduct Authority (“FCA”) published its highly anticipated interim report into competition in the asset management industry. The report finds that price competition is weak in a number of...more

All Foreign Takeovers of UK Companies to be Reviewed Following Brexit?

Recent statements by Theresa May and her staff uncover the first potential significant change to UK competition law as a result of Brexit. A Downing Street spokesperson has indicated that all “foreign takeovers” of UK...more

Significant Changes to UK Consumer Law

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”) come into force on 13 June 2014 and form the final stage of the UK’s implementation of the European Union...more

6/10/2014  /  Digital Goods , E-Commerce , Retailers , UK

Competition Commission stops short of requiring Mandatory Rotation of Auditors

As part of its ongoing investigation into the UK audit services market, the Competition Commission ("CC") has provisionally decided on a package of remedies that will require FTSE 350 companies to put auditing contracts out...more

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