Five Years of Activity in a Priority Sector: The European Commission’s Report on Competition Enforcement in the Pharmaceutical Sector (2018-2022)

    The European Commission (“Commission“) has published a comprehensive report showcasing the strengthening of antitrust and merger control enforcement in the pharmaceutical sector in the EU over the last five years (2018-2022). The report, produced by the Commission in cooperation with the 27 national competition authorities (“NCAs“), builds on the previous report covering the period 2009-2017, … Read more

    China Increases Merger Filing Thresholds and Issues Guidance on Process

    On 26 January 2024, the State Council of China released its long-awaited and increased turnover thresholds for mandatory merger notifications in the Provisions of the State Council on Thresholds for the Notification of Concentrations of Undertakings (“2024 Thresholds”).  The effect is expected to be a marked decrease in the amount of transactions to be filed … Read more

    A new EU Market Definition Notice fit for new market realities?

    On 8 February 2024 the Commission adopted a revised Market Definition Notice (the Notice). This introduces new features, updates and clarifications in order to reflect new market realities, in particular the impact of digitalisation and the new ways of offering goods and services, and to bring the Notice in line with developments in the Commission’s … Read more

    What investors need to know about the European Commission’s new economic security initiatives and their potential impact on investment screening

    On 24 January 2024 the European Commission announced five related initiatives aimed at enhancing EU “economic security” in the face of risks arising from increased geopolitical tensions and accelerated technological shifts. Depending on the form in which they are ultimately implemented, these initiatives are likely to have significant implications for investors seeking to invest in … Read more

    Court of Appeal clarifies broad right of appeal in competition collective proceedings and rejects general prohibition on communications between defendants and class members

    In December the Court of Appeal issued its third key appeal judgment of 2023 on the developing competition class action regime. The judgment related to a challenge to a case management ruling of the Competition Appeal Tribunal (“CAT”) in the context of follow-on collective proceedings seeking damages from major shipping companies on behalf of purchasers … Read more

    UK investment screening: supporting a more pro-investment approach

    Since entering into force just over two years ago, the UK National Security and Investment (NSI) regime has resulted in a marked step-change in screening of transactions on national security grounds in the UK, for both foreign and UK investors. In response to criticism that the regime places a disproportionate burden on investors and lacks … Read more

    Clarity: Over the Hills and (F)Far Away? The FIFA Football Agents Regulations and their interplay with competition law

    Following the publication of this article, on 30 December 2023 FIFA temporarily suspended the implementation of parts of the FFAR globally until the CJEU renders its judgment following the preliminary reference from the Regional Court of Mainz. It has stated this is to avoid creating “unequal legal standards within the international transfer system” (see FIFA … Read more