The UK’s new National Security and Investment Bill – what do you need to know?

In our latest client alert, we provide a practical overview of the UK’s recently published National Security and Investment Bill, which forms part of a new regime that greatly extends the government’s power to intervene in takeovers of UK businesses if there is a threat to national security.

In addition to proving background on this latest move, we address the following areas which may be of particular interest:

  • Mandatory notification
  • Qualifying entities and assets
  • Voluntary notification
  • Trigger events
  • The Secretary of State’s “call-in” power
  • The call-in power is retrospective
  • Investment Security Unit
  • Penalties and remedies
  • Merger thresholds and the CMA.

Access the full piece here.

Recent cases highlight limitations in price-gouging enforcement

Since the start of the global pandemic, state attorneys general continue to actively pursue price-gouging investigations against individuals and entities, but courts seem to be taking a different, more business-friendly approach. Recent case developments and law amendments highlight the fact that price-gouging laws are subject to limitations. Our team explores these issues in our latest client alert.
 

 

The new EU FDI screening rules are now fully in force – what are the key features that you should know about?

The EU Foreign Direct Investment Screening Regulation introduces the first EU-wide foreign investment screening cooperation mechanism and enables the European Commission and Member States to comment on foreign investments that happen in other Member States. As these rules became fully applicable and operational from 11 October 2020, we pinpoint the key features of the EU’s FDI Screening Regulation, identify the key impact for investors and look ahead to the future. Read our latest client alert for the full update.

Third Circuit rejects courts’ authority to award monetary relief under Section 13(b) of the FTC Act

On September 30, 2020, the United States Court of Appeals for the Third Circuit reversed a historic district court award ordering disgorgement of $448 million in profits to consumers of testosterone replacement drugs under Section 13(b) of the Federal Trade Commission (FTC) Act, adding fuel to the fire of the current circuit split over this section’s interpretation. We outline the key details and offer our analysis of the issue in our client alert.

Decision in hiQ Labs, Inc. v. LinkedIn Corp. fuels debate over antitrust-privacy issues

On September 9, 2020, a federal judge in California dismissed antitrust claims brought by hiQ Labs, Inc. against LinkedIn Corp., holding that hiQ’s antitrust claims failed to properly define the relevant market. This case highlights the rising likelihood of data-related disputes by commercial parties and the potential for data access restrictions to prompt competition claims. Our recent client alert details the case and its implications.

A client resource guide to navigating global price gouging laws

With reports of excessive pricing on the rise around the globe, it is critical that companies understand the price gouging rules and regulations and their enforcement in each country where they do business. Our team has compiled a global price gouging resource guide to help our clients navigate the differing approaches taken by governments and regulatory authorities.

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Price gouging in Europe: what are the rules and how has the pandemic shifted enforcement priorities?

Continuing our podcast series on price gouging laws, members of our global antitrust lawyers focus on the situation around price gouging (excessive pricing) in the EU, France, Germany and the UK in our latest instalment.

The COVID-19 crisis has cast new light on excessive pricing practices in Europe, our team explains the impact the pandemic has had on enforcement activity and suggest practical ways that businesses can protect themselves from price gouging practices. Please click here to listen to our latest podcast.

Is a robust compliance plan enough to ensure a discount from fines for anticompetitive activity?

In certain jurisdictions, having a tailored and comprehensive compliance programme in place may reduce the size of a fine resulting from anticompetitive activity.

Members from across our global competition team have come together to analyse the approaches of key jurisdictions and whether they offer discounts for businesses that have breached competition rules but have a compliance programme in place. We have found that, in general, there is a trend towards more jurisdictions considering reductions on fines as a means by which to encourage more widespread compliance efforts and would suggest that it is definitely worth companies investing time and energy in fostering a compliance culture. Please click here to view our full client alert and comparison table.

DOJ’s Antitrust Division makes significant updates to Merger Remedies Manual

The Department of Justice’s Antitrust Division updated its Merger Remedies Manual for the first time in more than a decade.  The updates improve upon the 2004 Manual by providing a significantly more detailed account of the Division’s approach to preserving competition pre- and post-merger. Our team highlights the various revisions and additions to the Manual in our recent alert.

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