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
Dealmaking in the global financial services sector posted an uptick in activity during the first quarter of the year. This rebound is especially significant given the market headwinds the sector has faced over the past few...more
On 22 April 2024, the UK High Court handed down its judgment that the Competition Appeal Tribunal had erred in law when it previously refused to grant the Competition & Markets Authority a warrant to search a domestic...more
5/2/2024
/ Cartels ,
Competition ,
Electronic Devices ,
Evidence ,
Investigations ,
Raids ,
Remote Working ,
Search Warrant ,
UK ,
UK Competition and Markets Authority (CMA) ,
UK Competition Appeal Tribunal (CAT)
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
The UK's Competition and Markets Authority (the "CMA") has published a research report on competition and market power in labour markets. The report is likely to reinforce the CMA’s determination to use its competition law...more
In a heavy blow to the litigation funding industry, the UK Supreme Court has held that many litigation funding agreements are damages-based agreements and must comply with the relevant regulatory regime. Funders will be...more
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 UK antitrust authority, the CMA, has recently published a guide for employers on how to avoid breaching UK antitrust law in labour markets. This publication signals the UK's intent to ratchet up antitrust scrutiny of...more
3/20/2023
/ Antitrust Division ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Employees ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
No-Poaching ,
Non-Compete Agreements ,
UK ,
UK Competition and Markets Authority (CMA) ,
United States
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
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
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
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
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
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
As the importance of sustainability and eco-friendliness grows among consumers worldwide, the UK Competition and Markets Authority (CMA) has concerns that an increasing number of businesses misleadingly market their products...more
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
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
3/9/2021
/ BEIS ,
Critical Infrastructure Sectors ,
Energy Sector ,
Foreign Investment ,
Maritime Transport ,
Merger Controls ,
National Security ,
Public Communications ,
Public Contracts ,
Supply Chain ,
UK
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
2/8/2021
/ BEIS ,
Cross-Border Transactions ,
EU ,
European Commission ,
Financial Assistance Policies ,
Judicial Review ,
Member State ,
State Aid ,
Subsidies ,
Trade Relations ,
UK ,
UK Brexit ,
UK Competition and Markets Authority (CMA)
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
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
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
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
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
6/23/2020
/ Acquisitions ,
Antitrust Provisions ,
Coronavirus/COVID-19 ,
Enterprise Act 2002 ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Investment ,
Goods or Services ,
Merger Controls ,
National Security ,
Public Health Emergency ,
UK
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
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
3/27/2020
/ Department of Justice (DOJ) ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Global Market ,
Merger Controls ,
Office Closures ,
Remote Working ,
UK ,
UK Competition and Markets Authority (CMA) ,
United States