The UK Government has published its long-awaited Digital Markets, Competition and Consumer Bill, including a wide-ranging and far-reaching set of reforms to UK competition and consumer law, along with a new regulatory regime for digital markets.
UK Government Prefers ‘Context-specific Guidance’ Instead of Formal New Regulation for Artificial Intelligence Technology
Rapidly emerging artificial intelligence (AI) technology is poised to transform how businesses operate across almost all sectors, from social media to education to healthcare. Globally, governments and regulators are starting to react to the potential risks, but also opportunities, that AI and machine learning models can bring. Earlier this month, data protection authorities in Italy, Canada and South Korea have opened a series of investigations into data privacy issues related to OpenAI’s ChatGPT, with the Italian agency temporarily banning the use of ChatGPT in the country.
Reflections on Experts, Pass-On, and Other Important Lessons From CAT Judgment in Trucks Follow-On Claims
On 7 February 2023, the Competition Appeal Tribunal (the CAT) awarded c.£39 million in damages and interest to claimants Royal Mail and BT in follow-on proceedings against truck maker DAF (the Judgment).[1]
CMA Consults on Environmental Sustainability Agreement Guidelines
On February 28, 2023, the UK’s Competition and Markets Authority (“CMA”) demonstrated its thought leadership in the integration of sustainability and competition policy by publishing draft guidance (“Draft UK Guidelines”) on the application of competition rules to agreements between competitors to tackle environmental sustainability objectives.[1]
Getting the Deal Through: Dominance 2023
Cleary Gottlieb lawyers have authored and edited Lexology’s Getting the Deal Through Dominance guide 2023, which addresses the most relevant questions on dominance and market power.
Antitrust Review Episode 11: In Conversation With Sir Philip Lowe
In the latest episode of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy interviews Sir Philip Lowe, former Director-General of DG COMP.
2023 Update: U.S. Antitrust Sets Sail into Uncharted Seas
Last year we noted that U.S. antitrust enforcement was in a period of nearly unprecedented public attention and policy debate, and also that the Biden Administration seemed likely to launch significant new policy initiatives as the year progressed.
CJEU decision on disclosure under the Damages Directive implies post-Brexit divergence between EU and UK competition damages claims
On 10 November 2022, the European Court of Justice (CJEU) issued a preliminary ruling[1] on the interpretation of the disclosure obligation under the EU directive that harmonised national rules governing actions for damages for breaches of competition law in EU member states and the UK (the Damages Directive).[2]
Advocate General Sides with Commission in its Appeal of General Court’s Overturning of Three/O2 Prohibition
Non-binding opinion finds that General Court erred in applying heightened standard of proof to cases involving unilateral effects in oligopolistic markets.
Antitrust Review Episode 3: In Conversation with John Fingleton CBE
In the third episode of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy interviews John Fingleton CBE, former head of