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The United Kingdom remains a key European jurisdiction for competition damages actions, also in a post-Brexit world. In particular the number of collective proceedings for competition damages has significantly increased. This...more
The United Kingdom’s Digital Markets, Competition and Consumers Act (the Act) received royal assent on 24 May 2024. The Act introduces wide-ranging amendments to the UK competition and consumer law regimes that expand the...more
Dawn raids, or unannounced inspections, are possible at both business locations and homes. In response to the increase in remote work and electronic communication in recent years, competition authorities are making more use...more
The UK High Court has ruled against the Competition Appeal Tribunal (“CAT”) in a case about the power of the Competition and Markets Authority (“CMA”) to search domestic premises when investigating suspected anti-competitive...more
Whilst not traditionally a focus of the Competition and Markets Authority (“CMA”), the UK’s labour markets now form one of the CMA’s strategic priorities, as outlined in its 2023 to 2024 Annual Plan....more
The US Federal Trade Commission wound down 2023 by emphasizing its focus on the potential competition and consumer protection effects of companies’ efforts to limit the interoperability of their products and services. In late...more
This newsletter is a summary of the antitrust developments we think are most interesting to your business. Börries Ahrens, partner based in Hamburg, is our editor this month. He has selected: Significant reforms to German...more
On October 12, 2023, the UK’s Competition and Markets Authority (CMA) issued its final Green Agreements Guidance (Guidance). The Guidance is designed to help businesses seeking to collaborate on environmental sustainability...more
Corporates and deal teams should pay careful attention to drafting non-competes and other restrictive arrangements as UK, EU, and US regulators step up enforcement. Regulators on both sides of the Atlantic are placing...more
Short sellers make their money by publishing information that attacks a company in order to drive down its share price. How can a company prepare? And what should it not do in the face of a short attack? We offer some tips in...more
The rapid advancement into the digital age has resulted in the emergence of transformative artificial intelligence (AI) tools that are capable of revolutionising industries. In this article, we set out how competition law...more
Save for the Commission’s decision in M.8792 (Tele2 NL/T-Mobile NL) which cleared the acquisition of Tele2 NL by T-Mobile NL without remedies, the Commission has historically blocked or accepted divestment/behavioural...more
To minimize antitrust risk, dual distribution requires caution in coordination between a supplier and retailers. The UK's Competition and Markets Authority ("CMA") will fine Leicester City Football Club ("LCFC") up to...more
In our latest edition of Employment Flash, we examine developments over the past three months, including the NLRB’s ruling regarding employees’ labor law rights in severance agreements, a Supreme Court decision that upheld...more
On 23 March 2023 the UK Competition and Markets Authority (‘CMA’) issued an announcement that it has issued fines totalling nearly £60m to 10 construction firms for illegally colluding to rig bids for demolition and asbestos...more
On February 28, 2023, the UK Competition and Markets Authority (CMA) issued for consultation its long-awaited draft guidance on environmental sustainability agreements (Draft Guidance). The CMA first foreshadowed the...more
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
In two separate non-binding opinions in Super League and International Skating Union issued on 15 December 2022, Advocate General Rantos concluded that sports federations can – under certain circumstances – impose...more
Advocate General Kokott has found that the General Court erred in law in requiring the European Commission to show anti-competitive effects of a merger with “strong probability” and that the scope of its judicial review was...more
On 8 August 2022, the UK’s Competition Appeal Tribunal (CAT) unanimously set aside a £17.9 million fine imposed on the Compare The Market website (CTM) by the Competition and Markets Authority (CMA). The CAT held that the CMA...more
The ruling is also a reminder of the circumstances in which the court may order indemnity costs for such failures. On 29 July 2022, the UK High Court ruled in Cabo Concepts Limited v. MGA Entertainment (UK) Limited that...more
The CAT is willing to consider strike-out seriously at the certification stage. The CAT considered striking out the claims of its own motion, and warned the proposed class representatives that they should consider...more
The UK Competition and Markets Authority (CMA) has published for consultation its much-anticipated draft guidance on vertical agreements (Draft Guidance). ...more
This week has seen a major breakthrough in the UK’s fledgling class action regime, which brought opt-out collective proceedings to the UK for the first time back in 2015. The first opt-out collective action has now been...more
In a move aimed at driving growth and delivering competitive markets that work for consumers, the UK government has published two consultations on proposals for reform of the UK competition and consumer rules. ...more