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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

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

One- The UK has championed an open and dynamic market economy, including foreign direct investment ("FDI") into the UK, ever since political theorists such as Adam Smith argued the benefits of free trade over mercantilism...more

FDI Regimes - The impact of COVID-19 on deal-making

FDI restrictions have been on the political agenda in Europe and further afield for at least the past year, and following the outbreak of COVID-19 and the changed economic landscape, the approach in jurisdictions across 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

EU flexes its muscles on foreign-subsidised acquisitions and market distortions

On 17 June 2020, the European Commission published a White Paper seeking views on three powerful new tools to control the acquisitions and activities of foreign subsidised companies in the EU:1 (i) a general ex post control...more

COVID-19: Global Government Financial Assistance Measures

This alert provides an overview of COVID-19 governmental financial assistance measures available in some of the principal jurisdictions. Our team can cover advice on governmental financial assistance across the globe. The...more

The European Commission eyes the addition of a market investigation tool to its 60-year-old toolbox - but is it a chisel or a...

On 2 June 2020, the European Commission published its roadmap on the possible introduction of a ‘new competition tool’ that would allow it to initiate market investigations into perceived structural competition problems, with...more

A wake up call from Luxembourg?

Four years after the European Commission (“EC”) thwarted Hutchison’s attempt to consolidate the UK mobile telecoms market through its planned acquisition of O2, the General Court yesterday dealt a crushing blow to the...more

COVID-19 Foreign Direct Investment (FDI) – An Overview of Restrictions in Western Europe and the CEE

Prior to the outbreak of the COVID-19 pandemic, there had been a growing and global trend of established Western economies increasingly scrutinising foreign investment in key sectors. FDI restrictions have been on the...more

European Commission extends its COVID-19 State aid rules to recapitalisation and subordinated debt measures

In anticipation of the wave of requests from stricken companies due to the COVID-19 outbreak for more long-term State support, on 8 May, the Commission extended the scope of its State aid Temporary Framework to allow Member...more

The CMA publishes new guidance on merger control in a time of COVID-19: business as usual?

The CMA has published new guidance on its approach to merger assessments during the Coronavirus pandemic, confirming that it does not intend to change either merger control assessments or deadlines, despite the outbreak....more

Global Merger Clearance: The First Week of the New Normal

Antitrust agencies around the world are adjusting to the policies and procedures they quickly implemented in response to the outbreak of the coronavirus disease (“COVID-19”), as detailed in White & Case’s March 16th alert. In...more

Court of Justice ruling in Paroxetine

The European Court of Justice's ruling in Paroxetine, handed down in record time just before Brexit, confirms the narrow interpretation of restrictions by object given in other recent cases. It also clarified certain issues...more

Changing Roles: the CMA during the Transition Period and beyond

As the UK departs the European Union, the CMA – the UK competition regulator – is facing a transformation in its mandate. White & Case considers how the CMA will approach its workload during and after the Transition Period...more

Foreign direct investment reviews 2019: A global perspective - United Kingdom

National security interventions have largely been confined to defense-related transactions - Since mid-2018, there have been a number of important changes (actual and proposed) to legislation permitting intervention by...more

English Court of Appeal slashes UK's first cartel follow-on antitrust damages award and emphasises claimants' burden to prove...

In BritNed v ABB, the English Court of Appeal substantially reduced the UK's first award of damages in a so-called cartel damages claim brought for breach of European competition law. In so doing, the Court rejected calls for...more

Tech M&A: Regulation moving up the menu?

CMA investigation into Amazon/Deliveroo and Paypal/iZettle deals highlights the regulator's increased interest in technology transactions....more

The CMA launches a new market study in a bid to keep pace with a fast-moving digital economy

On 3 July 2019, the Competition & Markets Authority ('CMA') announced a new Digital Markets Strategy, which sets out the watchdog's new "road map" for policy development in a bid to keep pace with a rapidly developing digital...more

Landmark decision suggests a tough approach by the FCA to information exchange and its enforcement of competition law in the UK

In a landmark decision on 21 February 2019 (the "Decision"), marking the first use of its enforcement powers under the Competition Act 1998 ("CA 1998"), the Financial Conduct Authority ("FCA") imposed fines on three asset...more

Foreign Direct Investment Regulations Update: Australia, China, EU, Germany, UK and US

This Alert provides an update with respect to foreign direct investment ("FDI") regimes in certain key jurisdictions since the Firm's comprehensive FDI Guide, National Security Reviews 2018, was published in November 2018....more

The CMA issues guidance on requests for internal documents in merger investigations

Competition authorities around the world typically place considerable weight on parties' internal documents when assessing the potential effects of a merger. Such documents, many of which can pre-date the companies' decision...more

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