Cleary Gottlieb partners Nicholas Levy, Paul Gilbert, and Jackie Holland and associate Courtney Olden co-authored the “UK” chapter of the
Illumina/Grail: General Court Upholds EC’s Merger Referral Policy, Expanding EC Jurisdiction Over Non-reportable Transactions
In a significant judgment rendered on July 13, 2022 (“Judgment”), the EU’s General Court validated the position taken by the European Commission (“EC”) in a March 2021 Guidance Paper encouraging national competition authorities (“NCAs”) to use Article 22 of the EU Merger Regulation (“EUMR”) to refer transactions to the EC that do not meet national merger control thresholds, but which they believe may threaten to significantly affect competition within the EU.
Digital Markets Act Final Text Approved in European Parliament and European Council
On July 18, the European Council approved the final text of the DMA, marking the final step before the DMA enters into force. This followed the European Parliament approving, on July 5, the final text of the Digital Markets Act (DMA), by 588 votes to 11. The DMA is likely to enter the EU’s Official Journal in October, which means the behavioural rules will kick in early-to-mid 2024.
EU Regulation on Distortive Foreign Subsidies Set for Adoption
On 30 June 2022, the EU institutions reached political agreement on a new regulation which will allow the European Commission to control non-EU government subsidies given to businesses active in the EU (the “Regulation”).
CMA’s Approach to Online Choice Architecture
Introduction
The UK Competition and Markets Authority (CMA) has recently published a Discussion Paper and accompanying Evidence Review on “Online Choice Architecture” (OCA). This provides a helpful overview of the CMA’s approach to analysing choice architecture, recognising that some practices are likely to be harmful to consumers but others may be beneficial.
CMA to be Given New Powers to Enforce Consumer Law and Impose Significant Fines
The UK Government’s response to its consultations on ‘Reforming competition and consumer policy’ (April 2022) confirmed the Government’s proposals to give the Competition and Markets Authority (CMA) enhanced consumer law enforcement powers.
European Commission Seeks Feedback on Antitrust Procedural Framework
On June 30, 2022, the European Commission (“EC”) launched a public consultation seeking feedback on the performance of Regulation 1/2003[1] and Regulation 773/2004[2] (the “Regulations”), which govern the enforcement procedure of EU antitrust law.[3] Interested parties are invited to provide comments by October 6, 2022.
Australia Plus Plus? CMA and Ofcom Publish Advice on Platforms and Publishers
Background
The UK Competition and Markets Authority (CMA) and telecoms regulator (Ofcom) recently published a joint paper setting out their advice to the Department for Culture, Media and Sport (DCMS) on new rules for digital platforms’ use of publishers’ content.
Vestager 2: What’s Going on in EU Antitrust Enforcement
In her second term as EU Competition Commissioner, Margrethe Vestager’s focus to date has been on securing approval for the
European Commission To Phase-Out COVID-19 Temporary Framework
On May 12, 2022, the Commission announced that it will phase out the Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak.