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
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
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
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
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
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
The CAT is willing to consider strike-out seriously at the certification stage. The CAT considered striking out the claims of its own motion, and warned the proposed class representatives that they should consider...more
On April 20, 2022, the U.K. government announced amendments to the U.K. competition and consumer law regimes....more
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
After protracted challenges to class certification status, in Merricks v Mastercard the U.K. Competition Appeal Tribunal (CAT) granted its first collective proceedings order (CPO). The claim remains huge, comprising 46.2...more
9/16/2021
/ Class Action ,
Class Certification ,
Collective Actions ,
Competition ,
Compound Interest ,
Corporate Counsel ,
European Commission ,
Opt-Outs ,
UK ,
UK Competition Appeal Tribunal (CAT) ,
UK Supreme Court
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
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
4/19/2021
/ Acquisitions ,
Competition ,
Corporate Counsel ,
Digital Platforms ,
EU ,
European Commission ,
Guidance Update ,
Merger Controls ,
Mergers ,
New Guidance ,
UK ,
UK Competition and Markets Authority (CMA)
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
Takeaways -
- The TCA requires parties to maintain standards in nontrade-related policy areas, particularly social, labour and environmental.
- The provisions potentially may disrupt EU-UK trade disputes.
- It...more
Financial services, including insurance and reinsurance (together, (re)insurance), have effectively been omitted from the Trade and Cooperation Agreement (TCA), resulting in arguably the “hardest” Brexit for any key UK...more
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
1/14/2021
/ Antitrust Provisions ,
Cartels ,
Competition ,
EU ,
International Tax Issues ,
Member State ,
Merger Controls ,
State Aid ,
UK ,
UK Brexit ,
UK Competition and Markets Authority (CMA) ,
Withdrawal Agreement
On 11 December 2020, the U.K. Supreme Court (the Court) handed down its much-awaited ruling in Merricks v Mastercard, dismissing Mastercard’s appeal against the English Court of Appeal’s April 2019 decision in a 3-2 ruling....more
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