The FCA found that wholesale data markets can be improved, but has ruled out a significant intervention.
The FCA has published the findings of its wholesale data market study (MS23/1.5), which examined competition in the...more
3/8/2024
/ Asset Class ,
Benchmarks ,
Competition ,
Credit Ratings ,
Data Collection ,
Enterprise Act 2002 ,
Financial Conduct Authority (FCA) ,
Financial Markets ,
FSMA ,
Information Reports ,
UK ,
Wholesale
Corporates and deal teams should pay careful attention to drafting non-competes and other restrictive arrangements as UK, EU, and US regulators step up enforcement.
Regulators on both sides of the Atlantic are placing...more
9/29/2023
/ Acquisitions ,
Anti-Competitive ,
Department of Justice (DOJ) ,
Employment Contract ,
EU ,
Federal Trade Commission (FTC) ,
Mergers ,
New Guidance ,
No-Poaching ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Proposed Rules ,
Restrictive Covenants ,
Risk Mitigation ,
Strategic Enforcement Plan ,
UK ,
UK Competition and Markets Authority (CMA) ,
Wage-Fixing
Whilst not a sea of difference apart, the two regimes present notable distinctions for companies operating on both sides of the Channel to navigate. Upon its expiry on 31 May 2022, the 2010 Vertical Block Exemption...more
The latest proposals show the direction of travel in the increasingly expanding web of consumer protection regulation on sustainable products and initiatives.
Background -
The European Green Deal, presented by the...more
This 13th edition of The Technology, Media and Telecommunications Review provides updated overviews of legal and policy constructs and developments in the TMT arena across 18 jurisdictions around the world. As in years past,...more
1/13/2023
/ Broadband ,
Coronavirus/COVID-19 ,
Digital Markets Strategy ,
Media ,
OFCOM ,
Public Policy ,
Regulatory Oversight ,
Technology ,
Technology Sector ,
Telecommunications ,
UK ,
UK Competition and Markets Authority (CMA)
Truly Green? CMA Continues to Evolve Guidance and Metrics for Companies’ Environmental Claims -
The Competition and Markets Authority’s (CMA’s) Green Claims Code (the Code) and final guidance (the Guidance) on...more
12/22/2021
/ Climate Change ,
Coronavirus/COVID-19 ,
Disclosure Requirements ,
EU ,
Green Marketing ,
Net Zero ,
New Guidance ,
Regulation Technical Standards (RTS) ,
Sustainability ,
Taxonomy ,
UK ,
UK Competition and Markets Authority (CMA)
Businesses must review the Green Claims Code and accompanying guidance to determine whether their environmental claims are in compliance.
Background: The need for a Green Claims Code -
The Competition and Markets...more
The proposals include certain notable changes, while also mirroring the current UK framework and the European Commission’s planned approach in many respects.
The UK Competition and Markets Authority (CMA) has proposed...more
The new rules follow coordinated regulatory and antitrust scrutiny of overcharging loyal customers. On 28 May 2021, the FCA published a policy statement setting out new pricing practices rules for insurers and insurance...more
The CMA’s new programme of work will examine whether algorithmic systems can be used in ways that create anti-competitive effects and consumer detriment.
Key Points:
..The CMA’s research will focus largely on...more
The CMA’s efforts to make dynamic, forward-looking assessments of parties’ overlaps will only increase post-Brexit.
Dealmakers must be alert to the increasingly interventionist approach of the UK’s Competition and Markets...more
The CMA recognises that businesses may need to cooperate to ensure supply of essential products and services during the COVID-19 outbreak.
On 27 March 2020, the FCA and Payment Systems Regulator (PSR) announced their...more
Call for input: market players need to engage with the process for the procurement of the NPA -
This Call for Input is part of the development of the Payment Systems Regulator’s (PSR) policy for the future regulation of...more
M&A deal teams should take note of heightened scrutiny of HR and employment practices by antitrust enforcers in the US and Europe.
No-poach, non-solicitation, and wage-fixing agreements - arrangements between companies...more
1/31/2020
/ Acquisitions ,
Anti-Competitive ,
Antitrust Provisions ,
Corporate Liability ,
Department of Labor (DOL) ,
Due Diligence ,
Employer Liability Issues ,
EU ,
Human Resources Professionals ,
Merger Controls ,
Mergers ,
No-Poaching ,
Non-Solicitation Agreements ,
Risk Assessment ,
Risk Management ,
Share Purchase Agreements ,
Technology Sector ,
UK ,
Wage-Fixing
What does the UK’s exit from the EU on 31 January mean for parties’ deal planning?
Key Points:
..On 23 January 2020, the UK passed legislation to leave the EU on 31 January 2020 under the terms of the Withdrawal Agreement...more
1/29/2020
/ EU ,
European Commission ,
Filing Requirements ,
Jurisdiction ,
Merger Controls ,
Mergers ,
Transitional Arrangements ,
UK ,
UK Brexit ,
UK Competition and Markets Authority (CMA) ,
Withdrawal Agreement
The CAT’s Royal Mail v. Ofcom judgment considers what constitutes abusive conduct, the “as-efficient competitor” test, and the use of expert economic advice.
On 12 November 2019, the UK Competition Appeal Tribunal (the...more
Buyout firms and portfolio companies should take note of heightened scrutiny of HR and employment practices by antitrust enforcers, both in the US and in Europe. No-poach and wage-fixing agreements — arrangements between...more
12/9/2019
/ Antitrust Division ,
Antitrust Violations ,
Competition Authorities ,
Contract Terms ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Enforcement Authority ,
EU ,
France ,
Gun-Jumping ,
Ireland ,
Italy ,
Merger Controls ,
No-Poaching ,
Portfolio Companies ,
Private Equity Firms ,
Risk Assessment ,
Risk Management ,
Technology Sector ,
UK ,
Wage-Fixing
Decision highlights the need to coordinate document production in parallel cross-border merger control proceedings.
Key Points:
..Heightened CMA use and enforcement of statutory requests for information call attention...more