In the EU, the technology transfer block exemption regulation No 316/2014 of 21 March 2014 (TTBER) exempts certain technology transfer agreements from the prohibition against anticompetitive agreements set out in Article 101...more
10/20/2025
/ Anticompetitive Behavior ,
Antitrust Provisions ,
Competition ,
EU ,
European Commission ,
FRAND ,
IP License ,
License Agreements ,
Patent Pools ,
Popular ,
Safe Harbors ,
Standard Essential Patents ,
Technology Sector ,
Technology Transfer Agreements ,
Treaty on the Functioning of the European Union (TFEU)
Improper inducement or legitimate distribution fee? The UK Supreme Court’s landmark ruling clarifies the rules on intermediaries that are common to the supply chain of almost all financial services....more
8/15/2025
/ Anti-Bribery ,
Appeals ,
Bribery ,
Disclosure Requirements ,
Fiduciary Duty ,
Financial Services Industry ,
Insurance Brokers ,
Insurance Industry ,
Intermediaries ,
UK ,
UK Supreme Court
Antitrust enforcement against collusion in labor markets is intensifying across the transatlantic region. In this episode of "Fierce Competition," host Bill Batchelor and partners Jim Fredricks, Aurora Luoma and Margot Sève...more
8/6/2025
/ Antitrust Litigation ,
Antitrust Provisions ,
Antitrust Violations ,
Competition ,
Criminal Antitrust Litigation ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
International Labor Laws ,
No-Poaching ,
Wage and Hour ,
Wage-Fixing
- What is new: Merger control is becoming increasingly more complex as policy and geopolitical priorities shift across the globe.
- Why it matters: These developments increase the unpredictability of multijurisdictional...more
7/24/2025
/ Antitrust Provisions ,
Asia Pacific ,
Competition ,
Cross-Border ,
Economic Growth ,
EU ,
Geopolitical Risks ,
Investment ,
Jurisdiction ,
Merger Reviews ,
Mergers ,
Regulatory Agenda ,
Regulatory Requirements ,
Remedies ,
State Administration for Market Regulation (SAMR) ,
UK ,
UK Competition and Markets Authority (CMA) ,
United States
Is payment to an intermediary, not by its client but by the financial service provider, an illegal inducement or a legitimate distribution cost?
In Hopcraft, the UK Supreme Court will consider this perennial question. The...more
5/22/2025
/ Bribery ,
Competition ,
Disclosure Requirements ,
Fiduciary Duty ,
Financial Conduct Authority (FCA) ,
Insurance Industry ,
Insurance Litigation ,
Lenders ,
Popular ,
Remuneration ,
UK
On March 12, 2025, the UK’s Competition and Markets Authority (CMA) launched a consultation on its approach to merger remedies, asking whether the authority should permit more complex remedies in Phase I investigations and...more
3/20/2025
/ Acquisitions ,
Antitrust Division ,
Competition ,
Competition Authorities ,
Merger Controls ,
Merger Remedies ,
Merger Reviews ,
Mergers ,
Popular ,
Regulatory Reform ,
UK ,
UK Competition and Markets Authority (CMA)
The UK Competition Appeal Tribunal (Tribunal) has handed down a landmark judgment in Justin Le Patourel v BT, the first opt-out competition collective action which went to trial in the United Kingdom (UK). On 19 December...more
The United Kingdom’s Competition and Markets Authority (CMA) will, in the new year, launch a review of its approach to merger remedies which could lead to a shift away from its long-standing preference for structural...more
12/17/2024
/ Acquisitions ,
Antitrust Provisions ,
Competition ,
Competition Authorities ,
Digital Markets Strategy ,
EU ,
European Commission ,
Global Market ,
Investment ,
Investors ,
Merger Controls ,
Merger Remedies ,
Mergers ,
UK ,
UK Competition and Markets Authority (CMA)
The United Kingdom’s (UK’s) Digital Markets, Competition and Consumers Act 2024 (the Act) expands the Competition and Markets Authority’s (CMA’s) jurisdiction in merger control, regulates major tech platforms with “strategic...more
12/3/2024
/ Acquisitions ,
Antitrust Provisions ,
Competition ,
Competition Authorities ,
Corporate Counsel ,
Enforcement Actions ,
EU ,
Merger Controls ,
Mergers ,
UK ,
UK Competition and Markets Authority (CMA)
On September 3, 2024, the European Union’s Court of Justice (ECJ) issued its highly anticipated judgment in the Illumina/Grail case (C-611/22 P and C-625/22 P) concerning the European Commission’s (EC’s) power to review...more
In Nuctech Warsaw (T-284/24), the EU Court of Justice held that EU subsidiaries can lawfully be required to provide access to email accounts and data held by their overseas parent company. The ruling involved the following...more
8/26/2024
/ Appeals ,
Commercial Litigation ,
Corporate Counsel ,
Corporate Governance ,
Enforcement Actions ,
EU ,
European Commission ,
European Court of Justice (ECJ) ,
Extraterritoriality Rules ,
Foreign Corporations ,
Popular ,
Privacy Laws ,
UK ,
White Collar Crimes
In the latest episode of our “Fierce Competition” podcast, Skadden attorneys Bill Batchelor, Karen Lent and Vikram Pandit highlight differences — and similarities — in the handling of recent antitrust issues related to...more
As a new policy statement from the European Commission (EC) treats wage-fixing and no-poach agreements as inherently anticompetitive (restriction of competition “by object”) with few possible defences, companies should...more
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
5/29/2024
/ Anti-Competitive ,
Antitrust Provisions ,
Breach of Competition Law ,
Competition Act ,
Digital Markets Strategy ,
Enforcement ,
Investigations ,
Jurisdiction ,
Jurisdictional Thresholds ,
Merger Controls ,
Mergers ,
Misleading Statements ,
Penalties ,
Price Inflation ,
Safe Harbors ,
UK ,
UK Competition and Markets Authority (CMA)
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
5/29/2024
/ Appeals ,
Corporate Counsel ,
Digital Marketplace ,
Digital Markets Strategy ,
Enforcement ,
EU ,
European Commission ,
Noncompliance ,
Reporting Requirements ,
Technology Sector ,
UK ,
UK Competition and Markets Authority (CMA)
Dawn raids, or unannounced inspections, are possible at both business locations and homes. In response to the increase in remote work and electronic communication in recent years, competition authorities are making more use...more
For the first time in two decades, the UK Court of Appeal has ruled on the substantive standard of judicial review to be applied by the Competition Appeal Tribunal (CAT or Tribunal) in UK merger cases....more
On 25 April 2024, the UK Competition and Markets Authority (CMA) announced reforms to its in-depth merger control review process (the Phase 2 review). The updates include:
- An expanded de minimis exception. The CMA will...more
This episode of our “Fierce Competition“ podcast looks at trends across the pond in class actions in the U.K. and focuses on the country’s new tribunal that was created specifically to hear class actions....more
On November 20, 2023, the UK’s Competition and Markets Authority (CMA) announced proposed reforms to its in-depth merger control review process (the phase 2 review) that seek to provide more opportunities for engagement with...more
Starting today, October 12, 2023, the mandatory notification requirements under the EU’s Foreign Subsidies Regulation (FSR) apply. M&A deals involving businesses that (i) have been granted certain levels of financial support...more
On 12 July 2023, the EU’s Foreign Subsidies Regulation (FSR) entered into force. The FSR allows the European Commission (EC) to investigate and remedy subsidies received from non-EU countries that distort the EU internal...more
7/18/2023
/ Acquisitions ,
Disclosure Requirements ,
EU ,
European Commission ,
Filing Requirements ,
Financial Services Industry ,
Foreign Direct Investment ,
Foreign Subsidiaries ,
Investigations ,
Investment ,
Mergers ,
Pre-Merger Filing Requirements ,
Private Equity ,
Required Documentation ,
Subsidies
On June 1, 2023, the European Commission (EC) adopted a revised legal framework that block-exempts research and development (R&D) and specialisation agreements between competitors from the prohibition of anticompetitive...more
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
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