The Report highlights certain characteristics of BigTech firms, in particular various types of inter-dependencies between BigTechs’ non-financial and financial services offerings, and identifies opportunities and risks flowing from these inter-dependencies. It also records national competent authorities’ supervisory and regulatory observations as well as some initial suggestions how these could be addressed. Lastly, it states that, as a next step, the ESAs will establish a “multi-faceted data matrix” to enhance their monitoring of BigTech firms.Continue Reading European Supervisory Authorities Publish Report on BigTech firms in EU Financial Services
In the latest instalment of the Cleary Gottlieb Antitrust Review podcast, host Nick Levy is joined by Sarah Cardell, Chief Executive of the Competition & Markets Authority. Their conversation covers a range of topics, including her first year in the role, merger control, Microsoft/Activision, cartel enforcement, judicial review, international coordination, sustainability, and her plans for the future.Continue Reading Antitrust Review Episode 22: In Conversation With Sarah Cardell
On 11 January 2024, the CMA published an overview of its “provisional approach to implement the new Digital Markets competition regime” (Overview), the new regulatory powers the CMA is set to take on once the Digital Markets, Competition, and Consumers Bill (DMCC) passes through Parliament (see earlier posts here and here). The CMA published this Overview in response to the UK government’s request on 4 January that CMA publish a “high-level plan” for implementing the digital markets competition regime.Continue Reading CMA Publishes Provisional Approach to Implementing the UK’s Forthcoming Digital Markets Regulatory Regime
More than one and half year after the amendments to China’s Anti-Monopoly Law (the “AML”) came into effect, the State Council of China approved on December 29, 2023 and published on January 26, 2024 revisions to China’s merger control notification thresholds (the “State Council Order”).Continue Reading China Introduces Revisions to Merger Notification Thresholds
The following post was originally included as part of our recently published memorandum “Selected Issues for Boards of Directors in 2024”.
Antitrust in 2023 was marked by a series of policy developments—some still nascent, some ripe for enforcement for the first time. In the U.S., the FTC and DOJ finalized their drastically transformed merger guidelines. In the EU, landmark new digital regulations became applicable for the first time. And the UK government introduced a bill promising major new digital and consumer protection rules.Continue Reading 2024 Antitrust Update: Agencies Sharpen Their Teeth, But Is It All Bark and No Bite?
In a unanimous judgment, the Court of Appeal of England and Wales (CoA) reaffirmed the Competition and Market Authority’s (CMA) power to require overseas companies with no branches in the UK to produce documents and information when investigating suspected anticompetitive conduct. The CoA considered that not allowing the CMA to obtain information from overseas companies would create a “gaping lacuna” in the CMA’s ability to perform its statutory duties.Continue Reading Court of Appeal upholds extraterritorial information-gathering powers
In the latest episode of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy interviews members of Cleary Gottlieb’s award-winning antitrust practice about the principal developments in 2023 and their predictions for antitrust enforcement in 2024.Continue Reading Antitrust Review Episode 21: Looking Forward to 2024 and Back at 2023
On 14 December 2023, the Competition and Markets Authority (CMA) published its first horizon scanning report examining ten trends in digital markets that the CMA expects will be relevant over the next five years and beyond.
The report aims to “draw on available evidence to discuss and present possible future developments and potential implications for competition and consumers”. The trends focus on areas such as artificial intelligence (AI), interoperability, and privacy.Continue Reading CMA Publishes Novel “Trends in Digital Markets” Report
In the latest episode of Antitrust Review, host Nick Levy is joined by Gina Cass-Gottlieb, Chair of the ACCC, the Australian Competition and Consumer Commission.Continue Reading Antitrust Review Episode 20: In Conversation With Gina Cass-Gottlieb
On December 15, 2023, the French Competition Authority (“FCA”) published its Revised Leniency Guidelines, which repealed and replaced the 2015 guidelines. The Revised Leniency Guidelines were adopted as part of the implementation of the “DDADUE” law, the ECN+ directive, and the “Damages” directive. They aim to provide greater legal certainty for leniency applicants and modernize the leniency application procedure.Continue Reading The French Competition Authority publishes its revised leniency guidelines