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FCA Publishes Findings From Its Wholesale Data Market Study

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

Restrictive Covenant Crackdown Poses New Challenges for M&A Deal Teams

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

Key Differences Between the UK and EU Vertical Block Exemption Regimes

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

Focus on Greenwashing: The Latest Regulatory Proposals in the EU and the UK

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

The Technology, Media and Telecommunications Review, 13th Edition - UK

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

6 Sustainability Takeaways in EU Antitrust & Regulatory - December 2021

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

Truly Green? CMA Continues to Evolve Guidance and Metrics for Companies’ Environmental Claims

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

Key Proposals for the UK’s Vertical Block Exemption Successor

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

FCA Issues New Rules on Insurance Pricing Practices

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

UK CMA: Can Algorithms Harm Competition?

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

CMA Clamps Down on Deals - Navigating the UK’s Increasingly Interventionist Merger Control Regime

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

FCA and PSR Support CMA’s Guidance on Business Cooperation Under Competition Law

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

Competition and Innovation in the UK’s New Payments Architecture

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

No-Poach Prosecutions: A Growing Problem for M&A Deal Teams?

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

Deal Planning After Brexit - Merger Control Aspects

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

UK Competition Appeal Tribunal Judgment: Pushing the Envelope on Abuse of Dominance

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

No-Poach Prosecutions: A Growing Problem for Private Equity?

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

UK CMA Continues to Pursue Penalties for Incomplete Document Production

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

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