The UK government has issued the final version of its “strategic steer” to the Competition and Markets Authority (CMA), directing the authority to act in a way that prioritises growth and encourages investment in the...more
Sanctions for procedural merger control infringements in 2024 did not meet the lofty heights of previous years. But merging parties should not be complacent. The number of infringement decisions increased. The U.S. and China...more
The transaction notification regime under the EU Foreign Subsidies Regulation (FSR) is now over a year old. To date, intervention levels are low. But assessing whether a filing is required, and gathering the extensive...more
Regulatory intervention levels are rising. The concerns of antitrust authorities and foreign investment (FDI) regulators are evolving and can be unpredictable. Allocation of merger control execution risk in deal documents...more
3/5/2025
/ Antitrust Division ,
Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
European Commission ,
Foreign Direct Investment ,
Foreign Investment ,
Merger Controls ,
Mergers ,
Regulatory Requirements ,
Risk Management ,
Sellers
Speeding up review periods remained a priority for antitrust authorities outside the U.S. They did this through formal rule changes or adjustments in practice. But the increasing complexity of the issues raised by some deals,...more
Foreign investment (FDI) screening regimes continued to present challenges for dealmakers. We saw tough intervention in key jurisdictions. New and expanding rules added to regulatory burden. Overall, most deals are cleared...more
2/28/2025
/ Acquisitions ,
Compliance ,
EU ,
Foreign Direct Investment ,
Global Market ,
Investment ,
Mergers ,
National Security ,
Regulatory Agenda ,
Regulatory Requirements ,
Risk Management ,
UK
Tech sector deals are seeing rising mortality rates. AI partnerships are moving up the authorities’ agenda for scrutiny and enforcement. Overall, however, antitrust intervention in 2024 once again focused on transport, energy...more
2/28/2025
/ Antitrust Division ,
Antitrust Provisions ,
Artificial Intelligence ,
Competition ,
Energy Sector ,
Enforcement Actions ,
European Commission ,
Federal Trade Commission (FTC) ,
Mergers ,
Regulatory Agenda ,
Technology Sector ,
UK
Antitrust authorities continue to make use of powers to scrutinize deals falling below merger control filing thresholds. Many that don’t have that ability, want it. The European Commission (EC) remains the frontrunner in...more
Antitrust authorities killed more deals in 2024, marking a third year of rising mortality levels. Where prohibition was on the cards, many dealmakers abandoned their transactions rather than staying the course. The U.S....more
Private equity acquisitions—notably roll-up strategies—continued to face antitrust scrutiny in 2024. As did serial acquisitions by non-PE acquirers. Headwinds were particularly strong in the U.S., but breezes from other...more
2/27/2025
/ Antitrust Provisions ,
Competition ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Mergers ,
Popular ,
Private Equity ,
Private Equity Firms ,
Regulatory Agenda
The number of deals cleared with conditions fell sharply in 2024. Many antitrust authorities remained skeptical of whether merger remedies can effectively address antitrust concerns, choosing instead to challenge and...more
Merger control and foreign investment hurdles contributed to a challenging 2024 for M&A. 2025 looks more promising, with pro-business agendas and regulatory easing in key jurisdictions expected to fuel a surge in dealmaking...more
Chief executive of the U.K. Competition and Markets Authority (CMA), Sarah Cardell, has announced that the authority will launch a review of its approach to merger remedies in early 2025.
Most notably, this will include a...more
The Digital Markets, Competition and Consumers Act 2024 has finally been enacted. It introduces significant changes to U.K. merger control and antitrust rules, establishes a new consumer protection regime and introduces a...more
6/3/2024
/ Antitrust Division ,
Competition Act ,
Consumer Protection Laws ,
Digital Markets Strategy ,
EU ,
Investigations ,
Merger Controls ,
Mergers ,
New Rules ,
Online Platforms ,
Regulatory Agenda ,
Regulatory Reform ,
Technology Sector ,
UK ,
UK Competition and Markets Authority (CMA)
The EU Foreign Subsidies Regulation (FSR) took effect in July 2023. It aims to regulate subsidies granted by non-EU countries to ensure that they do not distort competition in the EU internal market. For dealmakers, it is...more
2/29/2024
/ Acquisitions ,
Antitrust Division ,
EU ,
Filing Requirements ,
Foreign Subsidiaries ,
Foreign Subsidies ,
Hart-Scott-Rodino Act ,
International Trade ,
Investment ,
Investors ,
Mergers ,
Regulatory Agenda ,
Regulatory Requirements
Antitrust authorities continue to use powers to review deals that fall below merger control filing thresholds. For merging parties this means uncertainty. It is crucial that the possibility of review – including a...more
2/28/2024
/ Acquisitions ,
Anti-Competitive ,
Competition Authorities ,
EU ,
European Commission ,
European Court of Justice (ECJ) ,
Foreign Subsidiaries ,
Investment ,
Member State ,
Mergers ,
Private Equity Funds ,
Threshold Requirements
The European Commission (EC) and the UK Competition and Markets Authority (CMA) have published new guidance on the assessment of cooperation between competitors. For the EU, this is contained in revised Guidelines on...more
9/13/2023
/ Acquisitions ,
Antitrust Provisions ,
Competition ,
EU ,
Horizontal Agreements ,
Information Sharing ,
Mergers ,
New Guidance ,
Regulatory Agenda ,
UK ,
UK Competition and Markets Authority (CMA)
The UK government has published a much-anticipated Bill which will make significant changes to the UK competition and consumer rules and bolster the powers of the Competition and Markets Authority (CMA). Revised merger...more
The UK government has published a much-anticipated Bill to shake up the competition and consumer regime. Front and centre is a brand new UK digital markets regime. The new rules aim to boost competition in the digital sector...more
Antitrust authorities continued their aggressive campaign against procedural merger control infringements in 2022. A total of EUR113.8m fines were imposed in 70 decisions across the jurisdictions surveyed....more
We have collected and analysed data on merger control activity for 2022 from 26 jurisdictions. We give you the key trends and developments from the past year, focusing in particular on the EU, UK, U.S. and China.
...more
In a landmark ruling, the EU General Court (GC) has confirmed the European Commission (EC)’s decision to accept a referral request from France (and other Member States) for the assessment of gene-sequencing firm Illumina’s...more
In a landmark ruling, the EU General Court (GC) has confirmed the European Commission (EC)’s decision to accept a referral request from several Member States for the assessment of gene-sequencing firm Illumina’s acquisition...more
UK competition rules are facing unprecedented levels of change. Last month we reported on the UK Government’s intentions for broad reforms to the competition and consumer law regimes. Now, the Government has set out the...more
This newsletter is a summary of the antitrust developments we think are most interesting to your business. Louise Tolley, PSL Counsel based in London, is our editor this month (learn more about Louise in our Q&A feature at...more
3/29/2022
/ Antitrust Division ,
Antitrust Provisions ,
Competition ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
European Competition Network (ECN) ,
International Competition Network ,
Merger Controls ,
Mergers ,
Price-Fixing ,
UK Competition and Markets Authority (CMA)