Matthew Readings on Competition

New U.K. digital markets regime

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)

U.K. consumer enforcement overhaul

The Digital Markets, Competition and Consumers Act 2024 will result in a landmark overhaul of the U.K. consumer protection regime. It will dramatically increase the Competition and Markets Authority (CMA's) enforcement powers...more

6/3/2024 / Competition , Consumer Protection Laws , Digital Marketplace , Digital Markets Strategy , Enforcement Actions , EU , Penalties , Regulatory Agenda , Regulatory Requirements , Technology Sector , UK , UK Competition and Markets Authority (CMA)

U.K. antitrust regime revamp

The Digital Markets, Competition and Consumers Act 2024 will in the main start to take effect in stages later in 2024 and will bolster the powers of the Competition and Markets Authority (CMA) to enforce U.K. antitrust rules....more

6/3/2024 / Antitrust Litigation , Antitrust Provisions , Competition , Compliance , Digital Marketplace , Digital Markets Strategy , EU , Investigations , Non-Compete Agreements , Remedies , Technology Sector , UK , UK Competition and Markets Authority (CMA)

UK Supreme Court Rules that Litigation Funding Agreements are ‘Damages-Based Agreements’

In a decision of major importance for litigation in the UK, the UK Supreme Court has held that litigation funding agreements (“LFAs”) under which a litigation funder receives a percentage of any damages recovered by the...more

7/28/2023 / Arbitration , Competition , Litigation Fees & Costs , Litigation Funding , Third Party Funding , UK , UK Supreme Court

The European Court of Justice Resurrects an Old Tool to Tackle Below Threshold Mergers

Overview - - The European Court of Justice (CJEU) brought back to life an old theory which allows acquisitions, which fall below EU and national merger control thresholds, to be challenged post-completion under abuse of...more

4/17/2023 / Competition , EU , European Commission , European Court of Justice (ECJ) , Merger Controls , Mergers

EU Takes Another Big Protectionist Step as New Foreign Subsidies Regulation Comes into Force

The EU Foreign Subsidies Regulation (FSR) entered into force on 12 January 2023. It represents a massive expansion in the European Commission’s power to investigate inward investment to the EU. This new regulation—the first...more

1/23/2023 / Antitrust Division , Antitrust Investigations , Antitrust Litigation , Antitrust Provisions , Competition , Competition Authorities , EU

Damages Claims in the Competition Appeal Tribunal – Where Have We Come From And Where to Next?

Will 2022 be seen as the year in which the gates finally opened for damages claims in the Competition Appeal Tribunal (CAT)?...more

8/3/2022 / Antitrust Provisions , Cartels , Competition , Competition Authorities , EU , European Commission , UK , UK Competition and Markets Authority (CMA)

General Court Judgment in Canon – A Victory for Commission Gun-Jumping Enforcement

On 18 May 2022, the European General Court rejected Canon’s appeal against a €28 million fine imposed by the European Commission in 2019 for its breach of EU gun-jumping rules, just a few months after a similar judgment,...more

5/23/2022 / Acquisitions , Antitrust Provisions , Competition , Corporate Counsel , EU , European Commission , European Merger Control Regulation , Gun-Jumping , Merger Controls , Mergers

CMA Merger Control Jurisdiction to be Expanded Further

The U.K. Competition and Markets Authority (CMA) is expected to be granted wider jurisdictional powers for merger control enforcement in legislative proposals mentioned in today’s Queen’s Speech. The powers derive from the...more

5/12/2022 / Antitrust Provisions , Competition , Competition Authorities , Jurisdiction , Merger Controls , Mergers , UK , UK Competition and Markets Authority (CMA)

Intel v. Commission: Victory for Companies, Loss for Commission

On 26 January 2022 the General Court (GC) issued its latest judgment in the Intel case, faulting fundamental aspects of the Commission’s original decision almost 13 years prior. The judgment’s findings are promising for...more

1/31/2022 / Competition , EU , European Commission , General Court of the European Union (GCEU) , Intel , Rebates , UK

Competition Litigation Update

The English Courts will continue this year to consider several issues that will shape the future of private damages actions for infringements of competition law....more

5/13/2020 / Competition , European Commission , UK

Key Antitrust Enforcement Trends — 2019 Antitrust Annual Report

Welcome to the 2019 Shearman & Sterling Antitrust Annual Report. Our seventh edition focuses on the contrasting use by regulators of antitrust laws with respect to the FANGs, and how antitrust is being enforced in the U.S....more

European Commission Imposes Fine on Canon for Gun-Jumping

On 27 June 2019 the European Commission imposed a fine of €28 million on the Japanese imaging and optical products manufacturer Canon for “gun-jumping” by using a warehousing structure in its 2016 acquisition of Toshiba...more

7/9/2019 / Acquisitions , Breach of Competition Law , Canon , Competition , Corporate Counsel , EU , European Commission , European Merger Control Regulation , Gun-Jumping , Merger Controls , Mergers , Toshiba , Warehouses