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Oct 9, 2023 · Most significant is that conditions are increasingly favourable to a new — and much more holistic — approach to antitrust enforcement. Nowhere is this more in evidence than in the...
May 13, 2022 · The proposed reforms would empower the CMA to take enforcement action in situations where EU companies engage in conduct (e.g. price fixing, resale price maintenance, geo-blocking) that is implemented in the EU but has anti-competitive effects in the UK.
- Changes to The Merger Control Rules
- Changes to The Enforcement of Behavioural Rules
- Market Investigations
- Changes to The Consumer Law Regime
- Timing
Jurisdictional Changes The updates expand the jurisdiction of the CMA by adding a new threshold for merger review, which will also give the CMA the ability to review M&A deals with a U.K. nexus where a buyer has both: 1. an existing 33% (or more) share of supply of goods or services in the U.K. (or a substantial part of the U.K.); and 2. U.K. turno...
The amendments will introduce a number of changes to the enforcement of the behavioural antitrust rules in the Competition Act 1998, namely the Chapter I prohibition (the prohibition on anticompetitive agreements and cartels) and the Chapter II prohibition (the prohibition on abusing a dominant position). In particular, the U.K. government announce...
The amendments introduce procedural changes to the market investigation regime that will allow the CMA greater flexibility to define the scope of an investigation and to amend the remedies regime. However, regulators may not impose interim measures in market investigations.
The amendments will introduce major updates to the consumer law regime. In particular, the CMA will be able to directly enforce consumer laws (where the CMA is currently required to take cases of alleged breaches of consumer law to court) and directly impose fines on businesses of up to 10% of their worldwide turnover. These powers will mirror the ...
The proposed timeline for the introduction of these amendments is not yet clear. The changes to merger control thresholds may be implemented relatively quickly through order-making powers, while changes to penalties and procedures will involve primary legislation, so are likely to take a year or more to implement. Professional support lawyer Simon ...
On 20 April 2022, following a lengthy consultation, the UK government announced final plans to strengthen its merger and antitrust regime. Designed to address a concern that competition in the UK may have weakened over the past 20 years, the plans are wide-ranging.
Accordingly, agreements that meet the conditions of the VBER are in principle compatible with Article 101 (1) TFEU—the EU antitrust provision which prohibits anticompetitive agreements.
Mar 2, 2021 · The principal changes under the new regimes are the UK’s independence as an antitrust regulator and that EU decisions are no longer binding on the UK. Regarding mergers, the CMA has gained parallel jurisdiction over transactions that had previously been reviewed exclusively by the EC.
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Jan 11, 2024 · As the administration and its key antitrust enforcers enter the final year of this term, we look back at the biggest developments in 2023 and discuss what to expect in 2024.
