CAT confirms CMA’s broad approach to share of supply test in Sabre/Farelogix appeal

In its judgment of 21 May 2021 the Competition Appeal Tribunal (“CAT”) upheld the CMA’s approach in applying the share of supply test to assert jurisdiction over Sabre’s acquisition of Farelogix, (with the CMA ultimately prohibiting the transaction following an in-depth investigation). The CAT confirmed that the CMA has a broad discretion when applying the … Read more

CMA publishes draft guidance on misleading green claims

Supporting the transition to a low carbon economy is one of the CMA’s goals in its 2021–2022 Annual Plan, which includes a commitment to improving its understanding of ‘green’ claims made by sellers to consumers and, where appropriate, making use of its powers to correct false or misleading statements that affect consumers. Read more

EU proposal to address foreign subsidies

On 5 May 2021, the European Commission issued its much anticipated proposed regulation on foreign subsidies distorting the EU market, which we summarised in our earlier blog post. If adopted in its current form, the proposed regulation could have a transformative impact and significantly increase the regulatory risk and burdens for foreign companies operating or … Read more

Cross-sector merger control in Malaysia: getting closer

Like most competition law regimes around the world, Malaysia’s Competition Act 2010 contains provisions prohibiting anti-competitive practices and abuses of dominance. However, it does not currently include the third “pillar” of competition law that is common to many other regimes, namely, cross sector merger control rules. Such rules enable competition authorities to review transactions and … Read more

German Government Introduces Significant Amendment of FDI Rules

Germany is continuing to tighten and develop its FDI regime: After various legislative actions in the course of 2020, the German Federal Government agreed on significant amendments of the existing FDI rules which will enter into force with its publication in the Federal Gazette (Bundesanzeiger). During the last year, the German legislator has lowered the thresholds … Read more