Antitrust enforcement against collusion in labor markets is intensifying across the transatlantic region. In this episode of "Fierce Competition," host Bill Batchelor and partners Jim Fredricks, Aurora Luoma and Margot Sève...more
8/6/2025
/ Antitrust Litigation ,
Antitrust Provisions ,
Antitrust Violations ,
Competition ,
Criminal Antitrust Litigation ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
International Labor Laws ,
No-Poaching ,
Wage and Hour ,
Wage-Fixing
- What is new: Merger control is becoming increasingly more complex as policy and geopolitical priorities shift across the globe.
- Why it matters: These developments increase the unpredictability of multijurisdictional...more
7/24/2025
/ Antitrust Provisions ,
Asia Pacific ,
Competition ,
Cross-Border ,
Economic Growth ,
EU ,
Geopolitical Risks ,
Investment ,
Jurisdiction ,
Merger Reviews ,
Mergers ,
Regulatory Agenda ,
Regulatory Requirements ,
Remedies ,
State Administration for Market Regulation (SAMR) ,
UK ,
UK Competition and Markets Authority (CMA) ,
United States
In this article, we reflect on key trends in ESG over the second half of 2024 and look ahead at trends that may emerge in 2025. We analyze developments in the latter half of 2024, which were similar to those highlighted in...more
1/6/2025
/ Antitrust Division ,
Australia ,
Board of Directors ,
Climate Change ,
COP ,
Corporate Counsel ,
Corporate Governance ,
Disclosure Requirements ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Environmental Social & Governance (ESG) ,
EU ,
European Securities and Markets Authority (ESMA) ,
False Claims Act (FCA) ,
Financial Regulatory Reform ,
Green Loans ,
Greenhouse Gas Emissions ,
Legislative Agendas ,
Loan Market Association ,
Member State ,
Modern Slavery Act ,
Nasdaq ,
New Guidance ,
New Legislation ,
Prudential Regulation Authority (PRA) ,
Regulatory Agenda ,
Reporting Requirements ,
Sustainability ,
Sustainable Finance ,
Tax Reform ,
UK ,
United Nations
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...more
12/17/2024
/ Acquisitions ,
Antitrust Provisions ,
Competition ,
Competition Authorities ,
Digital Markets Strategy ,
EU ,
European Commission ,
Global Market ,
Investment ,
Investors ,
Merger Controls ,
Merger Remedies ,
Mergers ,
UK ,
UK Competition and Markets Authority (CMA)
The United Kingdom’s (UK’s) Digital Markets, Competition and Consumers Act 2024 (the Act) expands the Competition and Markets Authority’s (CMA’s) jurisdiction in merger control, regulates major tech platforms with “strategic...more
12/3/2024
/ Acquisitions ,
Antitrust Provisions ,
Competition ,
Competition Authorities ,
Corporate Counsel ,
Enforcement Actions ,
EU ,
Merger Controls ,
Mergers ,
UK ,
UK Competition and Markets Authority (CMA)
On September 3, 2024, the European Union’s Court of Justice (ECJ) issued its highly anticipated judgment in the Illumina/Grail case (C-611/22 P and C-625/22 P) concerning the European Commission’s (EC’s) power to review...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. Companies and their stakeholders started the year navigating...more
7/29/2024
/ Activist ,
Commercial Litigation ,
Corporate Governance ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
EU ,
Financial Conduct Authority (FCA) ,
Greenwashing ,
Legislative Agendas ,
Regulatory Agenda ,
Reporting Requirements ,
Shareholders ,
UK
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...more
The Digital Markets, Competition and Consumers Act (DMCC or the Act), adopted on 24 May 2024, empowers the Competition and Markets Authority (CMA) to regulate the conduct of major tech platforms....more
5/29/2024
/ Appeals ,
Corporate Counsel ,
Digital Marketplace ,
Digital Markets Strategy ,
Enforcement ,
EU ,
European Commission ,
Noncompliance ,
Reporting Requirements ,
Technology Sector ,
UK ,
UK Competition and Markets Authority (CMA)
Key Points Artificial intelligence (AI) — and in particular generative AI, which creates new content — has recently emerged as a transformative tool with the power and potential to reshape familiar industries. Although...more
3/27/2024
/ Antitrust Provisions ,
Artificial Intelligence ,
Australia ,
Competition ,
Competition Authorities ,
EU ,
Federal Trade Commission (FTC) ,
Popular ,
Regulatory Oversight ,
Supply Chain ,
Technology Sector ,
UK
On November 20, 2023, the UK’s Competition and Markets Authority (CMA) announced proposed reforms to its in-depth merger control review process (the phase 2 review) that seek to provide more opportunities for engagement with...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
11/13/2023
/ Anti-Competitive ,
Antitrust Division ,
Competition ,
Enforcement ,
Environmental Social & Governance (ESG) ,
EU ,
Horizontal Agreements ,
New Guidance ,
Sustainability ,
UK ,
UK Competition and Markets Authority (CMA)
Starting today, October 12, 2023, the mandatory notification requirements under the EU’s Foreign Subsidies Regulation (FSR) apply. M&A deals involving businesses that (i) have been granted certain levels of financial support...more
As predicted in our February 1, 2023, client alert, “ESG in 2022 and Predictions for 2023,” a global economic slowdown and ongoing backlash in the U.S. have slowed the momentum of some aspects of the environmental, social and...more
7/18/2023
/ Activist Investors ,
Biodiversity ,
Competition ,
Corporate Governance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
EU ,
Financial Markets ,
Financial Reporting ,
Financial Services Industry ,
Green Energy ,
Investment ,
Investors ,
Legislative Agendas ,
Popular ,
Regulatory Agenda ,
Remuneration ,
Sustainability ,
UK
On 12 July 2023, the EU’s Foreign Subsidies Regulation (FSR) entered into force. The FSR allows the European Commission (EC) to investigate and remedy subsidies received from non-EU countries that distort the EU internal...more
7/18/2023
/ Acquisitions ,
Disclosure Requirements ,
EU ,
European Commission ,
Filing Requirements ,
Financial Services Industry ,
Foreign Direct Investment ,
Foreign Subsidiaries ,
Investigations ,
Investment ,
Mergers ,
Pre-Merger Filing Requirements ,
Private Equity ,
Required Documentation ,
Subsidies
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 February 8, 2023, the UK Competition Appeal Tribunal (CAT) and the High Court held in a joint ruling that the Competition and Markets Authority (CMA) does not have the power under section 26 of the Competition Act 1998...more
US Regulators Pursue an Expansive View of Antitrust Laws -
For almost two years, industry participants have felt the effects of the Biden administration’s “big is bad” approach to antitrust — not only in technology sectors,...more
12/19/2022
/ Antitrust Division ,
Biden Administration ,
Buyers ,
Competition ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Domestic Dealmaking ,
EU ,
Federal Trade Commission (FTC) ,
Global Dealmaking ,
Merger Agreements ,
Merger Controls ,
Mergers ,
Remedies ,
UK ,
Vertical Mergers
The pandemic’s impact may be subsiding, but businesses are encountering new challenges across the globe, including the potential for an economic retrenchment, rising interest rates, shifting regulatory and litigation...more
12/14/2022
/ Acquisitions ,
Anti-Corruption ,
Antitrust Division ,
Banking Sector ,
Big Tech ,
Board of Directors ,
Bonds ,
Borrowers ,
Capital Markets ,
Capital Raising ,
China ,
Climate Change ,
Convertible Notes ,
Corporate Counsel ,
Corporate Governance ,
Corporate Restructuring ,
Creditors ,
Cross-Border ,
Cryptocurrency ,
Digital Assets ,
Due Diligence ,
Economic Sanctions ,
Enforcement ,
Environmental Social & Governance (ESG) ,
EU ,
Executive Compensation ,
Financial Services Industry ,
Forum Selection ,
Investigations ,
IRS ,
Lenders ,
Mergers ,
Money Laundering ,
Partnerships ,
Publicly-Traded Companies ,
Recessions ,
Repurchases ,
Russia ,
Securities ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Shareholders ,
Special Purpose Acquisition Companies (SPACs) ,
Taxation ,
Technology ,
UK ,
Vertical Mergers
The European Union’s Digital Markets Act (DMA) was published in the Official Journal of the EU on 12 October 2022. The legislation, which regulates large technology platforms, enters into force on 1 November 2022 (20 days...more
If you (i) receive some form of financial support from foreign (non-EU) governments, and (ii) have activities or are planning to acquire a business in the EU, then you will want to read on....more
7/13/2022
/ Competition ,
EU ,
European Commission ,
European Merger Control Regulation ,
Foreign Subsidies ,
Member State ,
Merger Controls ,
Mergers ,
Public Procurement Policies ,
State Aid ,
State-Owned Enterprises
On April 20, 2022, the U.K. government announced amendments to the U.K. competition and consumer law regimes....more
The UK’s Competition and Markets Authority (CMA) fined Facebook £50.5 million for breaching an order to hold separate its acquisition target, Giphy, pending the CMA’s review of the merger....more
The European Commission (EC) has proposed legislation to curb M&A, public procurement and market conduct by foreign-subsidized companies that may distort the European Union’s internal market. New requirements include...more
The U.K.’s Competition & Markets Authority (CMA) has released new merger assessment guidelines that confirm the U.K. regulator’s intensified approach to merger control.1 The guidelines largely codify the CMA’s recent output,...more
4/19/2021
/ Acquisitions ,
Competition ,
Corporate Counsel ,
Digital Platforms ,
EU ,
European Commission ,
Guidance Update ,
Merger Controls ,
Mergers ,
New Guidance ,
UK ,
UK Competition and Markets Authority (CMA)