The Competition and Markets Authority (CMA) has adopted a revised phase 2 investigation process and published updated Guidance on the CMA’s Jurisdiction and Procedure and Exceptions to the Duty to Refer. The changes come after a period of extensive consultation and stakeholder engagement. The new rules will apply to all investigations formally opened on or after 25 April 2024 that are subsequently referred to phase 2.
On 11 April 2024, the CMA published an update paper (the Update Paper) in relation to its initial review of AI Foundation Models (FMs). An accompanying technical update report (the Technical Update Report) was published on 16 April 2024, providing further detail on market developments and feedback from stakeholder engagement. These updates follow the CMA’s September 2023 initial report into the same topic (the Initial Report).
On 22 April 2024, the Financial Conduct Authority (FCA) published a Feedback Statement on the potential competition impacts from data asymmetry between Big Tech firms and firms in financial services. On the same day, Nikhil Rathi, the FCA’s Chief Executive, delivered a speech at the Digital Regulation Cooperation Forum on ‘Navigating the UK’s Digital Regulation Landscape’.
On April 17, 2024, the former Italian Prime Minister, Enrico Letta, published a report outlining the future of the EU’s single market (the “Report”).[1] Letta proposed significant reforms, including the addition of a fifth freedom to spur innovation, consolidation in key sectors to enhance global competitiveness, and a new framework for State aid governance.
On 27 March 2024, the UK Competition and Markets Authority (CMA) announced that fashion retailers ASOS, Boohoo and George at Asda (the Retailers) has signed undertakings to ensure that the environmental claims they make are accurate and clear (the Undertakings). The announcement was accompanied by an open letter to the fashion retail sector (the Letter). The Letter warns businesses to act in accordance with the CMA’s 2021 Green Claims Code and to take note of the Undertakings, or risk incurring significant monetary penalties once the Digital Markets, Competition and Consumers Bill comes into force (see our previous blog posts here, here and here). The CMA also indicated that it will be updating the Green Claims Code with specific guidance for the fashion sector.
Cleary Gottlieb counsel Cunzhen Huang and associates Huanbing Xu and Yiming Sun co-authored “China’s Review of Semiconductor Transactions,” which appeared
On 25 January 2024, the Microeconomics Unit[1] of the Competition and Markets Authority (CMA) published a report examining competition and market power in UK labour markets (the Report). The Report is the Unit’s first published work, covering developments in the labour markets over the last two decades. Over this period, labour markets have changed significantly through the rise of flexible working and the gig economy (defined as labour services contracted through digital platforms), changes in restrictive covenants (contract clauses that restrict what workers can do after they leave their current employer), and shifts in pay-setting policies. Each of these factors has the potential to impact employer market power.[2]
In the latest installment of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy is joined by Maria Jaspers, who heads
On April 2, 2024, the European Commission published, in full, its May 2023 decision unconditionally approving the acquisition of Inmarsat by Viasat[1] (the “Transaction”), following an in-depth Phase II investigation. The UK Competition and Markets Authority (“CMA”) had also unconditionally cleared the acquisition on May 9, 2023.[2] The Transaction was approved in the context of a trend toward broader consolidation in an increasingly challenged European satellite operations market, with SES announcing its intention to acquire Intelsat just a week before the Commission published its Viasat decision.[3]
On 8 March, the Competition Appeal Tribunal (the “CAT”) handed down a third judgment in two years in