On 4 May 2023, the CMA launched an ‘initial review’ of AI foundation models.[1] The review follows the UK government’s request in its AI White Paper[2] for UK regulators to consider their role in the development and deployment of AI. The review is intended to develop competition and consumer protection guidance/principles that will “best guide the development of these markets going forward.”
The UK Competition and Markets Authority (CMA) has identified “roll-up” acquisitions (the acquisition of several targets in the same sector) by financial investors, such as private equity firms, as an enforcement priority. In this post, we discuss the CMA’s enforcement focus, its recent decisional practice, and implications for merging parties. The main takeaways are:
In the latest episode of Antitrust Review, host Nick Levy is joined by Cleary Gottlieb experts Jackie Holland, Henry Mostyn and Conor Opdebeeck-Wilson to discuss the UK’s proposal for a new regime regulating the world’s leading digital platforms.
On April 20, 2023, the Commission adopted the 2023 Merger Simplification Package (the “2023 Package”) designed to streamline its procedure under the EU Merger Regulation.[1] In particular, the 2023 Package (1) expands the types of concentration eligible for treatment under the simplified procedure, (2) streamlines the review of both simplified and non-simplified cases, and (3) simplifies the notification process.
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.
On April 25, 2023, the French Competition Authority (“FCA”) imposed a total fine of €2.95 million on Bongard and the members of its distribution network following a settlement procedure for their participation in two anticompetitive vertical agreements in the bakery and pastry equipment sector.[1]
On January 31, 2023, the French Competition Authority (“FCA”) presented an interactive network graph tool on its website that identifies references made in FCA antitrust publications (such as decisions, opinions and interim measures published between 2009 2021) to its other publications. The visualization tool (available at: https://sen-codex.dev/) represents these references in the form of a graph interconnecting FCA’s publications with one another.
On February 10, 2023, the French Constitutional Council (“Conseil constitutionnel”) considered that the second sentence of Article L. 464-2, I, paragraph 1 of the French Commercial Code, which provides that the French Competition Authority (“FCA”) may accept commitments in the context of antitrust litigation proceedings, but says nothing about its power to refuse them, complies with the French Constitution and, on this occasion, confirmed that companies can lodge appeals again FCA decisions rejecting suggested commitments.[1]
On February 16, 2023, the Paris Court of Appeals overturned the French Competition Authority (the “FCA”) decision which
In the latest episode of Cleary Gottlieb’s Antitrust Review, host Nick Levy is joined by Henri Piffaut, Vice-President of the