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UK Competition and Markets Authority Receives Enhanced Merger Control and Enforcement Powers

The Digital Markets, Competition and Consumers Act (DMCC), which became law on 24 May 2024, represents a major shift in UK digital, competition and consumer protection regulation....more

UK CMA Receives Enhanced Merger Control, Enforcement Powers Through Landmark Legislation

Shortly before the UK Parliament was prorogued on 30 May 2024, the long-awaited Digital Markets, Competition and Consumers Act (DMCC) received Royal Assent on 24 May 2024....more

Landmark UK Digital Markets, Competition and Consumers Act Becomes Law

Following introduction into the UK Parliament in 2023, the long-awaited Digital Markets, Competition and Consumers Act (DMCC) received Royal Assent on 24 May 2024. The legislation passed as part of the parliamentary ‘wash-up’...more

UK Government Publishes Response to Call for Evidence on National Security and Investment Regime

On 18 April 2024, the UK government published the response to its call for evidence consultation on the functioning, scope and performance of the UK National Security and Investment (NSI) Act. Please refer to our November...more

Cooley’s 2023 Tech M&A Year in Review: An AI-Generated Glass Half Full

2023’s much-discussed downturn in mergers & acquisitions – with global M&A volume and value down 6% and 17%, respectively, from 2022 – was largely driven by the slowdown in the tech sector, with global tech M&A volumes down...more

UK Government Consulting on National Security and Investment Regime

Just shy of two years since the UK National Security and Investment (NSI) Act entered into force, on 13 November 2023, the UK government published a Call for Evidence on the functioning, scope and performance of the regime....more

European Commission Publishes Third Annual Report on EU Foreign Direct Investments

On 19 October 2023, the European Commission (EC) published its Annual Report on the screening of foreign direct investments into the Union, covering the year 2022. This is the third annual report published by the EC since the...more

All Eyes on Critical Technology in the EU

The European Commission’s Recommendation on critical technology areas for the EU’s economic security, issued on October 3, 2023, kick-started an urgent risk assessment by policymakers and private sector stakeholders across...more

Court of Justice Sets Lightning Rod for EU Foreign Direct Investment Screening

On 13 July 2023, the Court of Justice of the European Union (CJEU) handed down its first ruling on the European Union Foreign Direct Investment Screening Regulation, which entered into force in October 2020. In short, the...more

Information Exchange With Competitors

There are many situations where you may need to share information with your competitors – for example, in the context of research and development agreements, joint commercialization agreements or joint bidding arrangements....more

UK Government Publishes Second Annual Report on National Security and Investment Regime

On 11 July 2023, the UK government published its second annual report on the operation of the UK’s National Security and Investment (NSI) regime. The report covers the period from 1 April 2022 to 31 March 2023, making it the...more

Further Guidance Published on UK National Security and Investment Regime

The UK government recently published its second edition of Market Guidance Notes on the National Security and Investment (NSI) regime, which includes new additions and amendments to the previously published guidance of 19...more

Regulating the Digital Sector, Transforming Consumer Protection Regulation – UK Government Proposes Significant Reforms With Draft...

We finally have sight of the long-awaited Digital Markets, Competition and Consumers Bill. Warning: It is a sizeable and ambitious piece of legislation, but the following is our summary take on the key competition and...more

Europe’s Top Court on Merger Review: No Deals Are ‘Off the Table’

The European Union’s top court recently confirmed that an M&A transaction that does not require mandatory pre-merger authorization may be investigated post-merger on suspicion that the transaction involved an ‘abuse’ of the...more

Considerations for Companies Seeking Competitor Collaborations

There are many legitimate reasons why your company may wish to collaborate with one of its competitors. You may, for example, want to enter into an agreement with your competitor to develop a new product. Collaboration...more

UK NSI Regime – A New Dawn for UK National Security?

More than 11 months have passed since the UK’s National Security and Investment Act 2021 (NSI Act) came into force, creating a stand-alone foreign direct investment review system in the UK for transactions in specified...more

The CAT and the Meerkat: A Tale of Most Favoured Nation Clauses

On 8 August 2022, the UK’s Competition Appeal Tribunal (CAT) unanimously set aside a £17.9 million fine imposed on the Compare The Market website (CTM) by the Competition and Markets Authority (CMA). The CAT held that the CMA...more

Misleading ESG Claims – Will They Wash?

‘Greenwashing’ is the practice of a company providing information on its environmental, social and corporate governance (ESG) policies, or its products and practices, with the intent to present an environmentally responsible...more

UK Government Publishes First Market Guidance Notes on NSI Act

On July 19, 2022, the UK government published its long-awaited Market Guidance Notes on the National Security and Investment (NSI) Act, based on an analysis of notifications received to date and feedback from stakeholders....more

UK Publishes First Annual Report on the National Security and Investment Regime

On June 16, 2022, the UK government published its first annual report on the operation of the UK’s National Security and Investment (NSI) regime, covering the first three months since the regime came into force on January 4,...more

Major Reforms Proposed for UK Merger Control: What Dealmakers Need to Know

On April 20, 2022, the UK government announced wide-ranging reforms to UK competition and consumer law policy, including significant threshold changes to the UK merger control regime. In particular, while the government aims...more

New UK National Security and Investment Regime: 10 Things You Need to Know

On January 4, 2022, the UK’s National Security and Investment Act 2021 (NSI Act) is set to come fully into force, with some provisions retroactively applying to November 2020. The NSI Act creates a stand-alone foreign direct...more

Alert - The Countdown Is On: UK National Security and Investment Act to Come Fully Into Force on January 4, 2022

On July 20, 2021, the UK government announced that the National Security and Investment Act 2021 (NSI Act) will come fully into force on January 4, 2022. From that date, certain investments or acquisitions of qualifying...more

Alert: UK National Security and Investment Bill Receives Royal Ascent

On 29 April 2021, the UK National Security and Investment Bill, which strengthens the UK government’s ability to investigate transactions on grounds of national security, was granted Royal Ascent. This marks the end of the...more

Alert - Brexit Readiness: Key Impacts of the UK-EU Brexit Deal

Since our last update in December, the UK and the EU have officially agreed on a Brexit deal. The agreement has brought with it a multitude of legislative changes across various areas of UK law. In support of understanding...more

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