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Articles by Brian Sher
Is cash flow possible in Seattle
@Chen Tong you really are not going to be able to use the 1% or 2% rules of thumb in the Seattle MSA. Seattle and the surrounding markets have experienced very high level of appreciation over the last few years. Those rules are more applicable for markets that are centered on cash flow (generally low appreciation).
UK Government publishes key updates to NSI Act guidance
13/06/2024 Overview of the key updates On 21 May 2024 the UK Government published updated guidance on the scope and application of the UK National Security and Investment Act (NSIA). The changes respond to some of the stakeholder feedback received during the Government’s... Read more
Collaborating with competitors? The CMA issues final guidance on horizontal agreements
26/09/2023 Competition authorities have long sought to strike the right balance between preventing illegal forms of collaboration and allowing businesses to cooperate in a way that will foster innovation and promote competition. Two recent developments have increased the... Read more
“Conduct requirements” and “Pro-Competition Interventions”: New tools in the CMA’s proposed digital regime toolbox
20/09/2023 This is the third in a series of articles analysing specific features of the digital and competition reforms contained in the recently published Digital Markets, Competition and Consumers Bill (the Bill). It follows our first in the series which looked specifically... Read more
The UK Competition Authority launches review into veterinary services market for household pets
CMA launches review into veterinary services market* On 7 September 2023, the Competition and Markets Authority (CMA) announced that it has launched a review into the veterinary services market for household pets in the UK (i.e. small animals such as dogs and cats). The CMA intends to explore how well the market is working for pet owners who are paying for veterinary services, including whether they are receiving the necessary information to obtain appropriate treatment for their pets.
The UK’s new digital regime regulating firms with “strategic market status”: who is within scope?
06/06/2023 This is the second in a series of articles analysing specific features of the digital and competition reforms contained in the recently published Digital Markets, Competition and Consumers Bill (the Bill). It follows our initial ‘first impressions’ overview... Read more
The UK’s new digital regime regulating firms with “strategic market status”: who is within scope?
This is the second in a series of articles analysing specific features of the digital and competition reforms contained in the recently published Digital Markets, Competition and Consumers Bill (the Bill). It follows our initial ‘first impressions’ overview of the reforms introduced by the Bill, available here. This article looks more closely at who will be caught by the proposed new digital regulatory regime, and how the designation process will work.
Specialisation and R&D: how can businesses collaborate without breaching competition law?
28/04/2023 Current economic pressure impacting businesses and their supply chains, combined with more pressing demands for better ESG and innovation, are driving businesses to collaborate more closely. This includes pressure on businesses to collaborate with their competitors.For... Read more
Competition reform and the UK’s answer to Big Tech: the Digital Markets, Competition and Consumers Bill is finally here
Competition reform and the UK’s answer to Big Tech: the Digital Markets, Competition and Consumers Bill is finally here 25/04/2023 On 25 April 2023, the Government published and introduced to Parliament the long-awaited Digital Markets, Competition and Consumers Bill. The Bill’s scope is wide and covers three broad areas: the introduction of a new regulatory framework for large digital...
Stocktake a year on: how the UK National Security regime applies to the energy sector
12/04/2023 The UK Government views the energy sector as a critical part of the economy. Despite the National Security and Investment Act 2021 (“NSIA”) only having been in full force for just over a year now (from January 2022), we have already seen the Investment Security... Read more
Stocktake a year on: how the UK National Security regime applies to the energy sector
The UK Government views the energy sector as a critical part of the economy. Despite the National Security and Investment Act 2021 (“NSIA”) only having been in full force for just over a year now (from January 2022), we have already seen the Investment Security Unit (ISU) taking a keen interest in energy deals across the sector. Below, we set out some key observations emerging from the interventions and guidance to date on how the NSIA is being applied to the energy sector.
Stocktake a year on: how the UK National Security regime applies to the energy sector
12/04/2023 The UK Government views the energy sector as a critical part of the economy. Despite the National Security and Investment Act 2021 (“NSIA”) only having been in full force for just over a year now (from January 2022) we have already seen the Investment Security... Read more
UK merger control reform: significant expansion planned in the Digital Markets, Competition and Consumers Bill
UK merger control reform: significant expansion planned in the Digital Markets, Competition and Consumers Bill 04/05/2023 As noted in our recent Law-Now the UK Government has finally published the long-awaited Digital Markets, Competition and Consumers Bill (the Bill).This is the first in a series of articles analysing specific features of the digital and competition aspects of the...
On the Pulse webinar series 2023 - Spring
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Competition Webinar - Digital Markets Act
Home / Events / Digital Markets Act/ Digital Markets Unit: key implications... The EU has led the way with the introduction of sector-specific regulation to address competition and wider issues with large online platforms designated as "gatekeepers". The EU Digital Markets Act entered into force in November 2022 and will start fully to bite in spring 2024.
Government looking to exempt Premier League broadcasting deal from competition law
by Brian Sher and David Zeffman 2021-05-25 12:45:31.0 The Department for Digital, Culture, Media, and Sport (DCMS) has written to the Premier League, Sky, BT, Amazon, and the BBC – the current holders of broadcasting rights to the Premier League in the UK – informing them that the Secretary of State for Business, Energy and Industrial Strategy (BEIS) is looking to exempt the Premier League from competition law to renew its current broadcasting rights agreements for an additional three-year...
COVID-19: Illinois Transitions to the “Bridge Phase” on May 14th | JD Supra
Governor Pritzker has announced that on Friday, May 14, 2021, the state of Illinois will enter the “Bridge Phase” of the Restore Illinois Plan, which will increase occupancy limits for many industries. In addition, Illinoisans who can provide proof of full vaccination – defined as 14 days after receiving a final vaccine dose – or a negative COVID-19 test 1-3 days prior to an event do not count against a business’ capacity limits.
Regulatory solutions to competition problems
Towards a new UK regime for digital Brian Sher, Caroline Hobson and Kabir Garyali 2020-12-31 00:00:00.0 On 8 December 2020, the Digital Markets Taskforce (DMT) published its report – A new pro-competition regime for digital markets – proposing a raft of legislative reforms (the Advice). The Advice goes beyond digital advertising into the digital sector more generally.
A paradigm shift
The Bill aligns with the tightening of foreign investment control regimes globally, reflecting a much greater protectionist policy stance recently taken by many governments. Whilst a new self-standing foreign investment regime separate from UK merger control was anticipated and the policy objectives are consistent with the 2018 White Paper, what is striking is the sheer scale of the proposed new regime.
How to steer your small business through tough economic times
The most incorrect statement I am hearing right now by business owners is that demand for their goods and services has dried up, writes Brian Sher, Co-Founder The Fortune Institute. That is a myth. Demand is never lost, it just moves around. Over 200,000 small businesses are predicted to close their doors for good within the next six months but many can prevent this from happening by finding where their demand has shifted to in their industry.
Important lessons on excessive pricing: the CMA publishes its full decision in Pfizer/Flynn
On 15 June 2017, the Competition & Markets Authority (CMA) published the full non-confidential text of its infringement decision in a case concerning pharmaceutical manufacturer Pfizer Limited and its distributor Flynn Pharma Limited (Pfizer and Flynn). In this ground-breaking and controversial case, the CMA found Pfizer and Flynn had imposed excessive and unfair prices for phenytoin sodium capsules, an anti-epilepsy drug used in the treatment of an estimated 48,000 patients in the UK.
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