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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

UK Court Confirms No Higher Bar Applies for Domestic Search Warrants

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

UK Court of Appeal Signals Greater Scrutiny of CMA Merger Decisions

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

UK Reforms Phase 2 Merger Review Process

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

Proposed UK Reforms to Merger Process Offer Wider Small Market Exception and Better Engagement With Senior Officials on Merits and...

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

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

Supporting Net Zero: UK CMA Consults on Draft Sustainability Guidance

On February 28, 2023, the UK Competition and Markets Authority (CMA) issued for consultation its long-awaited draft guidance on environmental sustainability agreements (Draft Guidance). The CMA first foreshadowed the...more

UK Competition Regulator Cannot Compel Foreign Companies To Respond to Information Requests

On February 8, 2023, the UK Competition Appeal Tribunal (CAT) and the High Court held in a joint ruling that the Competition and Markets Authority (CMA) does not have the power under section 26 of the Competition Act 1998...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

CMA Announces Fine for Breaching an Order To Hold Separate an Acquisition Target

The UK’s Competition and Markets Authority (CMA) fined Facebook £50.5 million for breaching an order to hold separate its acquisition target, Giphy, pending the CMA’s review of the merger....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

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

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

Merger Review Procedures Undergo Global Modifications

The global spread of the novel coronavirus has disrupted everyday life all over the world and imposed significant difficulties on the business community. Antitrust merger reviews — and the authorities who conduct those...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

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