The UK government has issued the final version of its “strategic steer” to the Competition and Markets Authority (CMA), directing the authority to act in a way that prioritises growth and encourages investment in the...more
Hot on the heels of the UK government’s February 2025 draft "strategic steer", the Competition and Markets Authority (CMA) has published a new Mergers Charter. The Charter details principles the CMA will apply when engaging...more
Sanctions for procedural merger control infringements in 2024 did not meet the lofty heights of previous years. But merging parties should not be complacent. The number of infringement decisions increased. The U.S. and China...more
Regulatory intervention levels are rising. The concerns of antitrust authorities and foreign investment (FDI) regulators are evolving and can be unpredictable. Allocation of merger control execution risk in deal documents...more
3/5/2025
/ Antitrust Division ,
Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
European Commission ,
Foreign Direct Investment ,
Foreign Investment ,
Merger Controls ,
Mergers ,
Regulatory Requirements ,
Risk Management ,
Sellers
Speeding up review periods remained a priority for antitrust authorities outside the U.S. They did this through formal rule changes or adjustments in practice. But the increasing complexity of the issues raised by some deals,...more
Antitrust authorities killed more deals in 2024, marking a third year of rising mortality levels. Where prohibition was on the cards, many dealmakers abandoned their transactions rather than staying the course. The U.S....more
Private equity acquisitions—notably roll-up strategies—continued to face antitrust scrutiny in 2024. As did serial acquisitions by non-PE acquirers. Headwinds were particularly strong in the U.S., but breezes from other...more
2/27/2025
/ Antitrust Provisions ,
Competition ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Mergers ,
Popular ,
Private Equity ,
Private Equity Firms ,
Regulatory Agenda
The number of deals cleared with conditions fell sharply in 2024. Many antitrust authorities remained skeptical of whether merger remedies can effectively address antitrust concerns, choosing instead to challenge and...more
Merger control and foreign investment hurdles contributed to a challenging 2024 for M&A. 2025 looks more promising, with pro-business agendas and regulatory easing in key jurisdictions expected to fuel a surge in dealmaking...more
Searching for ways to achieve its promised ‘growth’ and productivity ambitions, the UK government turned its gaze on the UK regulators around October last year, with the UK prime minister promising to “rip up the bureaucracy...more
Chief executive of the U.K. Competition and Markets Authority (CMA), Sarah Cardell, has announced that the authority will launch a review of its approach to merger remedies in early 2025.
Most notably, this will include a...more
The Digital Markets, Competition and Consumers Act 2024 will introduce groundbreaking new rules to regulate digital markets in the U.K. It aims to boost competition by controlling the conduct of the largest digital firms,...more
6/3/2024
/ Antitrust Provisions ,
Competition ,
Consumer Protection Laws ,
Digital Marketplace ,
Digital Markets Strategy ,
EU ,
Merger Controls ,
Pending Legislation ,
Regulatory Agenda ,
Technology Sector ,
UK ,
UK Competition and Markets Authority (CMA)
The Digital Markets, Competition and Consumers Act 2024 has finally been enacted. It introduces significant changes to U.K. merger control and antitrust rules, establishes a new consumer protection regime and introduces a...more
6/3/2024
/ Antitrust Division ,
Competition Act ,
Consumer Protection Laws ,
Digital Markets Strategy ,
EU ,
Investigations ,
Merger Controls ,
Mergers ,
New Rules ,
Online Platforms ,
Regulatory Agenda ,
Regulatory Reform ,
Technology Sector ,
UK ,
UK Competition and Markets Authority (CMA)
Traditionally, private equity firms were seen as benign investors from an antitrust perspective. This is changing. In the past 12 months, PE-funded acquisitions have faced progressively more rigorous scrutiny by antitrust...more
2/28/2024
/ Antitrust Division ,
Department of Justice (DOJ) ,
EU ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Investment ,
Investors ,
Merger Controls ,
Private Equity ,
Private Equity Firms ,
UK ,
UK Competition and Markets Authority (CMA)
Global deal value and volume fell again in 2023, down 33% and 18% respectively compared to 2022. This is unsurprising, given persistently tough macroeconomic conditions and geopolitical tensions. Dealmakers are also facing an...more
2/28/2024
/ Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Australia ,
Competition Authorities ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Merger Controls ,
UK ,
UK Competition and Markets Authority (CMA)
The EU is concerned about subsidies granted by non-EU countries to businesses active in the EU that could distort competition in EU markets.
The Foreign Subsidies Regulation (FSR) establishes a new suspensory notification...more
Most of the provisions of the EU Foreign Subsidies Regulation (FSR) take effect on 12 July 2023. The European Commission (EC) has also now adopted its long-awaited Implementing Regulation (IR), which contains the notification...more
The UK government has published a much-anticipated Bill which will make significant changes to the UK competition and consumer rules and bolster the powers of the Competition and Markets Authority (CMA). Revised merger...more
The UK government has published a much-anticipated Bill to shake up the competition and consumer regime. Front and centre is a brand new UK digital markets regime. The new rules aim to boost competition in the digital sector...more
The European Commission (EC) has been considering procedural amendments to the EU merger control rules since August 2016. It wants to simplify the review process for deals that are unlikely to raise antitrust concerns and to...more
We have collected and analysed data on merger control activity for 2022 from 26 jurisdictions. We give you the key trends and developments from the past year, focusing in particular on the EU, UK, U.S. and China.
...more
UK competition rules are facing unprecedented levels of change. Last month we reported on the UK Government’s intentions for broad reforms to the competition and consumer law regimes. Now, the Government has set out the...more
Following a consultation in summer 2021, which set out a suite of wide-ranging proposals for reforms to UK competition and consumer laws, the UK Government has now confirmed the changes that it plans to take forward.
...more
This is a focus for antitrust regulators across the globe, which is playing out most publicly in the context of acquisitions and business practices, in particular in the digital sector, that threaten nascent competitors and...more
On 21 May 2021, the UK's specialist competition court, the Competition Appeal Tribunal (CAT) gave judgment dismissing Sabre Corporation (Sabre)'s challenge to the Competition and Markets Authority (CMA)'s decision to prohibit...more