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Articles by Alexander Kamp
European Union and United Kingdom: a new dawn for class actions
Bill Batchelor, Bruce Macaulay, Sym Hunt and Alexander Kamp Skadden, Arps, Slate, Meagher & Flom LLP 24 June 2022 This is an Insight article, written by a selected partner as part of GCR's co-published content. Read more on Insight In summary Regimes allowing for class actions, including on an opt-out basis, have emerged in various EU member states.
Deal Uncertainty Increases as Merger Control Authorities Gain Discretionary Powers of Review | JD Supra
Takeaways More than 50 countries now have the discretion to conduct competition reviews of mergers below mandatory notification thresholds, and the European Commission, EU member states, the U.K. and others are using this authority more frequently. As a consequence, companies whose merger might not have been subject to a competition review in the past need to provide for the possibility that their deal will draw the attention of regulators with discretionary review powers.
Revised Merger Assessment Guidelines Codify UK Interventionist Approach to Dynamic Markets | JD Supra
Summary The U.K.’s Competition & Markets Authority (CMA) has released new merger assessment guidelines that confirm the U.K. regulator’s intensified approach to merger control.1 The guidelines largely codify the CMA’s recent output, which includes record high numbers of prohibitions and deal abandonments. The guidelines downplay the importance of traditional market definition concepts in favour of assessing strong and weak competitive constraints on the merging parties.
‘Power to the People’: Long-Awaited UK Report Calls for Streamlining and Enhanced Legal Predictability in UK Antitrust Regime | JD Supra
Commissioned by the U.K. government to review its antitrust regime, Conservative Member of Parliament John Penrose’s “Power to the People” report proposes streamlined, modest changes rather than wholesale reform to the current regime.
EU-UK Antitrust Enforcement and Cooperation | JD Supra
The Trade and Cooperation Agreement (TCA) governing post-Brexit trade relations between the UK and the EU includes provisions regulating EU-UK antitrust enforcement and cooperation effective 1 January 2021. Takeaways The post-Brexit regime changes little except for the likelihood of parallel antitrust inquiries. The TCA requires both the UK and the EU to control potentially trade-distorting subsidies. EU decisions are no longer binding on the UK. Anticompetitive Practices and Mergers.
Planning for Merger Reviews and Antitrust Investigations Under the Brexit Withdrawal Agreement | JD Supra
The U.K. Competition and Markets Authority (CMA) has published “Guidance on the Functions of the CMA Under the Withdrawal Agreement” (Guidance), which sets out the regulator’s approach to merger and competition cases during the Brexit transition period that will run until at least through December 31, 2020 (Transition Period): The Guidance confirms that during the Transition Period, the U.K. and the EU merger procedures will remain closely aligned.
Planning for Merger Reviews and Antitrust Inquiries in Case of a 'No-Deal' Brexit | JD Supra
As the U.K.’s March 29, 2019, exit date from the European Union approaches, companies involved in merger reviews or antitrust investigations should pre-emptively address the risk of a “no-deal” Brexit. Both the U.K. and EU have antitrust laws that can apply simultaneously to the same merger or allegedly anti-competitive conduct.
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