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Covid–19 coronavirus update: global application of foreign investment control rules

The table below sets out an overview, based on our current awareness of the position as regards foreign investment control, of the different approaches being taken by authorities around the world in response to the Covid-19...more

National Security and Investment Bill: the impact on energy and infrastructure

On 11 November 2020 the UK Government published its groundbreaking National Security and Investment Bill (Bill). The Bill will drastically expand the Government’s powers to scrutinise investment on national security grounds,...more

UK merger control: CMA sets out its approach to assessing mergers in an increasingly dynamic and digital world

Hot on the heels of the publication of draft merger guidelines on procedure, the UK Competition and Markets Authority (CMA) has released proposed revised draft guidelines on its substantive competition assessment of...more

Covid–19 coronavirus update: global application of foreign investment control rules (updated 13 November 2020)

The table below sets out an overview, based on our current awareness of the position as regards foreign investment control, of the different approaches being taken by authorities around the world in response to the Covid-19...more

National Security and Investment Bill: a new frontier for scrutiny of investment in the UK

On 11 November 2020 the UK Government published its groundbreaking National Security and Investment Bill (Bill). The Bill will drastically expand the Government’s powers to scrutinise investment on national security grounds,...more

Highest Dutch court annuls ACM’s joint dominance decision in telecoms sector

The Netherlands Authority for Consumers and Markets (ACM)’s Wholesale Fixed Access decision in the telecoms sector is the first Dutch market analysis based on a theory of joint dominance. The highest Dutch court for these...more

Antitrust and Brexit – where do we stand?

The UK has well-established domestic antitrust and merger control regimes, enforced by the Competition and Markets Authority (CMA). As an EU Member State, however, where a deal met EU merger control thresholds the CMA – in...more

UK merger control: A toughening of the voluntary regime?

The UK’s competition authority has stepped up its enforcement of procedural breaches of merger control rules in the past 12 months. This is part of a global trend that has seen enforcement fines exceed EUR140 million globally...more

CMA launches digital markets strategy and market study into online platforms and digital advertising

The UK Competition and Markets Authority (CMA) has published a document setting out its digital markets strategy and, in parallel, has launched a market study into online platforms and digital advertising. These developments...more

European Commission seeks to impose interim measures for first time in nearly two decades

The European Commission (Commission) has the power to order companies suspected of engaging in anti-competitive behaviour to stop their conduct pending a final decision in an investigation – so-called “interim measures”. The...more

UK report on digital market merger control decisions

On 3 June the UK Competition and Markets Authority (CMA) published an independent report it had commissioned by Lear (an economics consultancy) aimed at evaluating past merger decisions in the digital sector taken by the...more

EU report on Competition Policy for digital era

On 4 April the European Commission published an expert report on how competition policy should evolve in the digital era. The report, titled “Competition Policy for the Digital Era”, has been prepared by a panel of three...more

The future of competition enforcement in the UK

The Senior Director for Antitrust Enforcement of the Competition and Markets Authority, Ann Pope, gave a speech in late 2018 on its competition enforcement work to date and what lies ahead. Ms Pope discussed the increase in...more

Furman report on unlocking digital competition

On 13 March the UK Government published a report by an expert panel established by the Chancellor and led by Harvard economist and former White House economic adviser, Jason Furman, on reforms to competition rules and...more

Proposed reform of CMA’s remit: mandatory notification of larger mergers, consumer law and enhanced CMA toolkit

On 25 February the Competition and Markets Authority (CMA) published its preliminary proposals for legislative and institutional reforms to competition and consumer protection law and policy. The proposals if implemented have...more

New EU Regulation Bolsters Cooperation in National Screening of Foreign Investments Across Europe

The European Parliament approved on 14 February 2019 a new Regulation, aimed at harmonizing and coordinating the various national foreign investment screening mechanisms across the economic bloc. The Regulation does not...more

National interest screening: a growing challenge for international transactions?

The proliferation of merger control regimes around the world – and the resulting need to consider potential notification requirements in multiple jurisdictions – poses an increasing burden for businesses seeking to make...more

UK Government publishes White Paper on national security merger rules

On 24 July 2018 the UK Government published a White Paper setting out proposed new powers for the UK Government to intervene in deals on grounds of national security. The Government’s aim is to “protect national security from...more

Same portfolio, different rates – how TCL v Ericsson compares with Unwired Planet v Huawei

On 21 December 2017 the U.S. District Court for the Central District of California released its judgment in TCL Communications v Ericsson setting a Fair, Reasonable, and Non-Discriminatory (FRAND) rate for Ericsson’s Standard...more

The European Commission publishes communication on Standard Essential Patents

On 29 November 2017 the European Commission (the Commission) published the long-awaited “Communication from the Commission to the European Parliament, the Council, and the European Economic and Social Committee”, setting out...more

UK mergers regime - Government prioritising national security

On 17 October 2017 the UK Government published a Green Paper heralding reform of national security and infrastructure investment review in the UK (the Green Paper). Specifically, the Government is seeking to strengthen...more

European Commission proposes common approach to foreign direct investment screening

European Commission (EC) President Juncker has outlined legislative measures on the screening by EU Member States of foreign takeovers and investments. The new screening system aims to improve cooperation and coordination...more

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