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UK FDI Update: Key takeaways from the latest NSIA Annual Report

The third Annual Report on the UK's National Security and Investment Act provides some valuable insights into the review process and how it continues to develop. We explore some of the key metrics and trends and what they...more

UK FDI: Strategic streamlining but sectoral spread - the UK Government confirms its plans for NSIA reform

In April 2024, the UK Government published its response to the Cabinet Office's 'call for evidence' on the National Security and Investment Act 2021. The call for evidence was an invitation to submit views on how the NSIA...more

European Commission proposes measures to up the ante on EU FDI screening

Foreign direct investment ("FDI") screening was one of the major topics of 2023 as a myriad of new regimes joined the FDI club and its more seasoned members continue to strengthen scope and enforcement, with the impacts felt...more

Five Things Funds need to know about the Foreign Subsidies Regulation

The EU Foreign Subsidies Regulation took effect on 12 July 2023 to much fanfare. We take a look at the top five things PE funds need to know when considering acquisitions with a European footprint. The Foreign Subsidies...more

All change? The new Digital Markets, Competition and Consumers Bill

The long-awaited Digital Markets, Competition and Consumers Bill has been published. Touted as a Bill to "stamp out unfair practices and promote competition in digital markets", the DMCC seeks to enhance consumer protection...more

The Windsor Framework: Towards stability in UK-EU trade

The proposed Windsor Framework revising the Protocol on Ireland/Northern Ireland will, if implemented, solve some of the problems inherent in the operation of the Protocol and introduce collaborative processes for resolving...more

UK CAT puts the brakes on the CMA’s extra-territorial investigation efforts into BMW and Volkswagen

On 8 February 2023, the CAT upheld claims by both BMW and Volkswagen confirming that the CMA cannot compel responses to information requests from companies with no territorial connection to the UK. In March 2022, the CMA...more

UK FDI Year in Review: a look at the first year of the National Security and Investment Act

4 January 2023 marked the one-year anniversary of the coming into force of the UK's National Security and Investment Act. We take a look at decisional practice to date and the lessons learned from the regime so far....more

The EU Releases its Second Annual FDI report showing increased momentum in FDI regulation and screening in the EU27

On 1 September, the European Commission (EC) issued its Second Annual Report under Article 5(4) of the Foreign Direct Investments (FDI) Screening Regulation along with an EC Staff Working Document (SWD). The Report covers the...more

New antitrust rules for distribution agreements in the UK

On 12 July 2022, the UK Competition and Markets Authority published final guidance for its new antitrust rules governing vertical agreements. The new rules provide additional flexibility for the design of distribution...more

BEIS starts to bite: a look at the first NSIA prohibition and BEIS’ new NSIA guidance

On 20 July 2022, the Secretary of State for Business, Energy and Industrial Strategy issued the first prohibition under the National Security and Investment Act 2021. We consider the lessons learned from this milestone and...more

UK Government publishes illustrative guidance on the future operation of its subsidy control regime

The Subsidy Control Bill (the "SCB"), first introduced by the Department of Business, Energy and Industrial Strategy (the "BEIS") on 30 June 2021, is making its way through the House of Lords ahead of expected adoption in...more

Foreign direct investment reviews 2021: United Kingdom

The National Security and Investment Act introduces a mandatory obligation to secure clearance for certain types of transactions - On January 4, 2021, the long-anticipated National Security and Investment Act 2021 (NSIA)...more

Autumn dawn raid revival on the cards for European competition authorities

This autumn, European competition authorities are likely to resume dawn raids of companies suspected of competition law infringements. This will aim to clear a backlog of planned inspections that has built up since the start...more

UK National Security and Investment Act screening regime to go live from 4 January 2022

Having received Royal Assent on 29 April 2021, the Secretary of State for Business Energy and Industrial Strategy ("SoS") has announced that the investment-screening regime envisaged by the National Security and Investment...more

Global merger control: Navigating stormy seas

There have been a number of developments in merger control in 2020 and Q1 2021. Some are related to the repercussions of the COVID-19 pandemic, while others are borne out of the ambitions and changes sought by individual...more

Scope of new UK National Security and Investment Bill clarified

In November 2020, the UK published a draft of its new National Security and Investment Bill ("NSIB"), heralding the introduction of a new regime for reviewing investments on national security grounds. The Bill introduced a...more

State aid and the Brexit Trade Agreement: what's new, what's not, and what's next

State aid remained one of the key sticking points in Brexit negotiations right until the announcement of the Trade and Cooperation Agreement ("TCA") on Christmas Eve 2020. One of the key priorities of the European Union...more

Merricks v Mastercard: will US-style class actions become the norm?

In a landmark judgment (and in unusual circumstances), the UK Supreme Court has held that the ongoing Merricks v Mastercard case should be referred back to the Competition Appeal Tribunal (CAT). Not only is this a step...more

UK outlines its plans for wide-ranging new investment review powers

The UK has published a draft of its new National Security and Investment Bill, together with explanatory notes, heralding the introduction of a new regime for reviewing investments in the UK. The new regime would introduce,...more

5 things you need to know about…new investment controls in the UK

On 11 November 2020, the government announced the details of its proposals for national security-based review of investments in the UK, in the form of the National Security and Investment Bill ("NSIB"). Protectionism is a...more

UK outlines its plans for wide-ranging new foreign investment review powers

The UK has outlined the details of its new National Security and Investment Bill, heralding the introduction of a new regime for foreign direct investments in the UK. The new regime would introduce, for the first time, a...more

EU General Court strikes a blow to Commission approach to fiscal State aids in the Apple tax case

The General Court has upheld a challenge to a 2016 Commission decision that had required Ireland to recover €13.2 billion in illegal State aid from Apple, on account of alleged preferential tax treatment for the...more

UK ushers in new foreign takeover restrictions for Coronavirus-critical businesses and national security activities

The UK government has tabled changes to the Enterprise Act 2002 to expand the circumstances in which the government will be empowered to review foreign takeovers of UK companies. The new rules will allow the government to...more

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