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Dec 17, 2024 | 
jdsupra.com | Aurora Luoma
The United Kingdom’s Competition and Markets Authority (CMA) will, in the new year, launch a review of its approach to merger remedies which could lead to a shift away from its long-standing preference for structural commitments in the form of divestitures as opposed to behavioural solutions. A further sign of a potential shift in approach came on 5 December, when the CMA accepted behavioural remedies for the first time in over four years in a merger in the mobile telecommunications sector.
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Jul 29, 2024 | 
lexology.com | Raquel Fox |Aurora Luoma |Simon Toms |William Adams |Lamya Al-Yazdi |Chiara Fiori | +7 more
Environmental, social and governance (ESG) matters, and diverging opinions on approach, continued to dominate headlines across the globe in the first half of 2024.
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May 24, 2024 | 
jdsupra.com | Bill Batchelor |James Fredricks |Aurora Luoma
The UK High Court has reversed a CAT decision and confirmed the threshold for the CMA’s use of dawn raid powers of employees’ homes. The CMA has signalled greater use of domestic raids given the prevalence of people working from home. The new “seize and sift” powers to take wholesale digital records and devices from domestic premises will soon become law.
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May 23, 2024 | 
concurrences.com | Niels Baeten |Bill Batchelor |Frederic Depoortere |Aurora Luoma
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 powers of the UK’s competition authority — the Competition and Markets Authority (CMA) — and significantly alter the merger control and antitrust investigation processes. Key amendments include:Merger control: New filing thresholds “for killer acquisitions” of nascent busi...
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May 22, 2024 | 
lexology.com | Bill Batchelor |James Fredricks |Aurora Luoma |Vanessa McGoldrick
The UK High Court has reversed a CAT decision and confirmed the threshold for the CMA’s use of dawn raid powers of employees’ homes. The CMA has signalled greater use of domestic raids given the prevalence of people working from home. The new “seize and sift” powers to take wholesale digital records and devices from domestic premises will soon become law. It is essential that companies train employees on proper conduct and on the individual’s and company’s rights in raids of domestic premises.
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May 3, 2024 | 
jdsupra.com | Bill Batchelor |Aurora Luoma |Nick Wolfe
For the first time in two decades, the UK Court of Appeal has ruled on the substantive standard of judicial review to be applied by the Competition Appeal Tribunal (CAT or Tribunal) in UK merger cases. The Tribunal reviews merger decisions taken by the UK Competition and Markets Authority (CMA). In doing so, it applies a “judicial review” standard rather than a merits rehearing, unlike courts in the European Union or the US, where the regulator’s conclusions can be challenged on the merits.
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May 2, 2024 | 
concurrences.com | Niels Baeten |Bill Batchelor |Frederic Depoortere |Aurora Luoma
As a new policy statement from the European Commission (EC) treats wage-fixing and no-poach agreements as inherently anticompetitive (restriction of competition “by object”) with few possible defences, companies should consider: Ensuring their compliance tools reflect the risks of wage-fixing and no-poach agreements. Refraining from agreements and information exchanges on wages, compensation or benefits.
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May 2, 2024 | 
jdsupra.com | Bill Batchelor |Aurora Luoma
On 25 April 2024, the UK Competition and Markets Authority (CMA) announced reforms to its in-depth merger control review process (the Phase 2 review). The updates include: An expanded de minimis exception. The CMA will have the discretion not to refer for in-depth review markets with a UK value of less than £30 million. Greater access to decision-makers.
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Apr 21, 2024 | 
concurrences.com | Bill Batchelor |James Fredricks |Aurora Luoma |Vanessa McGoldrick
The UK High Court has reversed a CAT decision and confirmed the threshold for the CMA’s use of dawn raid powers of employees’ homes. The CMA has signalled greater use of domestic raids given the prevalence of people working from home. The new “seize and sift” powers to take wholesale digital records and devices from domestic premises will soon become law. It is essential that companies train employees on proper conduct and on the individual’s and company’s rights in raids of domestic premises.
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Mar 27, 2024 | 
jdsupra.com | Aurora Luoma
Key Points Since generative AI went mainstream in 2023, competition regulators on alert for have potential competition issues in the sector have been preparing for possible enforcement actions. Regulators around the globe are examining the competitive landscape of the AI supply chain as well as partnerships between startups and established businesses that operate at different levels of this supply chain.
