At a time of marked geopolitical uncertainty, governments around Europe are committing to meaningful increases in defence spending, whilst also looking to private capital and investment to supplement public funds. This in...more
If the UK and China were friends on social media, their relationship status would be ‘it’s complicated’. China is integral to many integrated supply chains, globally as well as in the UK, and is also a significant source of...more
As 2025 begins, the foreign direct investment (FDI) landscape continues to evolve at a rapid pace. Driven by geopolitical shifts, technological advancements, and changing regulatory priorities, businesses must navigate an...more
In line with international and European developments, Ireland has introduced a new regime to provide for a process to allow for certain transactions that may present risks to the security or public order of the State to be...more
The UK Competition and Markets Authority (“CMA”) has published an “Update Paper” outlining its evolving views on AI foundation models as well as its approach to supporting Government consideration on possible regulation. This...more
During the course of 2023, the screening of foreign direct investment (FDI) continued to be an item at the top of the agenda when planning and executing global M&A transactions, as well as greenfield cross-border investments....more
Further to the UK CMA’s ‘Initial Review’ of AI foundation models back in May, the regulator has now published an ‘Initial Report’ setting out its evolving thinking on the regulation of AI. While there are no immediate...more
The UK Government has published its second Annual Report on the functioning of the National Security and Investment regime, providing high-level statistics on how the regime has functioned over the past year. The report...more
Following the publication of the UK Government’s AI White Paper in March 2023, the CMA is becoming increasingly active in considering publicly the direction of AI regulation in the UK in order to promote competition for the...more
The highly anticipated Memorandum of Understanding on scrutiny of the Investment Security Unit (“ISU”) between the Business, Energy and Industrial Strategy Committee (“BEIS Committee”) and the ISU (the “MoU”) agreed on 14...more
The increasing number and complexity of foreign direct investment (FDI) screening regimes requires careful navigation when planning and executing global M&A transactions, as well as greenfield cross-border investments. In...more
This year will likely be significant in setting the ambit and intensity in which the High Court reviews decisions made by Government under the National Security and Investment Act 2021 (the "NSIA"). In particular, the High...more
The National Security and Investment Act 2021 (NSIA) came into force a year ago, ushering in a new era of investment control in the UK. Though not without teething issues, the NSIA appears to be working well, and is...more
The UK Government has, for one of the very first times, used its new national security powers to intervene in respect of a transaction. This new intervention is in respect of the acquisition of asset development rights to an...more
The UK Government this week prohibited the acquisition of intellectual property owned by University of Manchester by a Chinese company – marking the first time the UK Government has exercised its powers to block a transaction...more
The UK Government has published its first Annual Report on the functioning of the recently implemented National Security and Investment regime, which gives the Government the power to scrutinise certain acquisitions and...more
There are just over two months to go until the National Security and Investment (NSI) regime goes fully live in the UK – now is the time to ensure you are up to speed on how it will impact your acquisitions and investments. ...more
The CMA has imposed a record fine on an Irish trading software supplier for alleged breaches of a ‘hold separate order’ in relation to the completed purchase of a US rival. This is the latest instance in a string of fines...more
In what could herald the most significant changes to the UK competition regime in 25 years, the UK Government has announced a series of proposed reforms to UK competition law enforcement. The stated aims of the reforms are...more
The UK’s much publicised National Security and Investment Bill has now been granted Royal Assent – passing into law an Act which will significantly affect the way investments in the UK can be reviewed by the Government where...more
A new National Security and Investment Bill laid before the UK Parliament this week will, on enactment, significantly affect the way investments in the UK can be reviewed by the UK Government where they raise national...more
2/12/2021
/ Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Foreign Investment ,
Investment ,
Legislative Agendas ,
Merger Controls ,
National Security ,
Regulatory Agenda ,
Small and Medium-Sized Enterprises (SMEs) ,
UK
Foreign direct investment ("FDI") is an important part of the global economy: OECD data indicates that there was USD$1,426 billion of global FDI in 2019. In recent years, governments around the world have shown an increasing...more
New measures, announced on 21 June 2020, will allow the UK Government to intervene in relation to transactions involving businesses with "critical capabilities" to help combat public health emergencies, such as...more
Norwegian salmon farmer Marine Harvest has been unsuccessful in its appeal to the Court of Justice of the European Union (CJEU) regarding substantial and separate fines imposed on it by the European Commission for both...more
3/17/2020
/ Anti-Competitive ,
Carve Out Provisions ,
Corporate Counsel ,
Court of Justice of the European Union (CJEU) ,
Double Jeopardy ,
EU ,
EUMR ,
European Commission ,
Gun-Jumping ,
Merger Controls ,
Standstill Agreements
Read the latest news on antitrust, competition, and economic regulation in this summer edition of our quarterly ACER newsletter.
...more
9/19/2018
/ Algorithms ,
Anti-Competitive ,
Anti-Steering Rules ,
Antitrust Provisions ,
Antitrust Violations ,
AT&T ,
China ,
Competition ,
Competition Act ,
EU ,
Excessive Pricing ,
False Advertising ,
Foreign Investment ,
Internet Retailers ,
Legislative Agendas ,
Merger Controls ,
Monopolization ,
National Health Service Corp (NHSC) ,
Ohio v American Express ,
Pfizer ,
Pharmaceutical Industry ,
Prescription Drugs ,
Regulatory Oversight ,
Regulatory Standards ,
SCOTUS ,
Single Entity Rule ,
Telecommunications ,
Time Warner ,
UK ,
UK Competition and Markets Authority (CMA) ,
UK Competition Appeal Tribunal (CAT) ,
Unfair or Deceptive Trade Practices