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The first edition of the Global Competition Review (GCR) Guide to Foreign Direct Investment Regulation – edited by Veronica Roberts, competition and foreign investment partner at Herbert Smith Freehills – has now been published online. This comprehensive online guide provides practical and timely guidance for both practitioners and enforcers trying to navigate this ever-evolving Foreign … Read more
On 4 January 2022 the UK National Security and Investment (NSI) Act enters into force, introducing a new foreign direct investment (FDI) regime with standalone powers for the review of FDI in the UK. The new regime replaces the existing public interest merger regime provisions of the Enterprise Act 2002 insofar as a transaction involves … Read more
On 3 November 2021 Herbert Smith Freehills LLP hosted a webinar, with speakers from the Department for Business, Energy and Industrial Strategy (BEIS), on the UK’s new National Security and Investment regime. The new regime will overhaul the ability of the UK Government to review transactions on national security grounds, and potentially require remedies to … Read more
On 19 October 2021, in Justin Gutmann v First MTR South Western Trains Limited and another,1 the Competition Appeal Tribunal (“CAT“) approved two applications for a collective proceedings order (“CPO“) under the UK’s competition class action regime introduced in 2015. Gutmann, which concerns allegations that a large class of rail passengers who held Transport for … Read more
The Illumina/GRAIL case saga continues. As we reported in our previous briefing, the Illumina / GRAIL deal provides the first illustrative example of the European Commission’s (‘Commission‘) new approach to try and “catch” transactions using the referral mechanism in Article 22 EU Merger Regulation (‘EUMR‘) that would otherwise fall below the EUMR turnover thresholds. Under … Read more
DEVELOPMENTS IN SOUTH AFRICA Burger King South Africa sale back on the table after revised conditions agreed upon New draft guidelines on small merger notification The Tribunal clears Coca-Cola of merger condition breach South African government encourages permitted collaboration to minimise impact of social unrest and strengthen the South African economy Constitutional Court rules on … Read more
The German Federal Cartel Office (FCO) has published new guidelines on its leniency programme and on the setting of fines in cartel proceedings. Unfortunately, both guidelines are so far available only in German. The previous guidelines date from 2006 and 2013 respectively. The FCO has now revised the guidelines in order to adapt them to … Read more
In its judgment of 6 October 2021, following a reference by the Provincial Court of Barcelona, the Court of Justice of the EU (CJEU) held that a victim of anti-competitive conduct is entitled to seek damages from the subsidiary (not referred to in the infringement decision) of an infringing parent company, provided both companies form … Read more
In advance of the next edition of Cartel Intel, our quarterly update on key EMEA cartel developments, Daniel Vowden (Partner, Brussels) had the great privilege of discussing important recent EU legal developments with Bo Vesterdorf, formerly a judge at and the President of the EU General Court (and more recently a senior consultant with Herbert … Read more
