The UK Competition and Markets Authority (CMA) has cleared the Vodafone/Three[1]merger subject to behavioural remedies. The transaction will bring together two of the four largest UK mobile network operators and potentially transform the UK telecoms landscape. The CMA’s approval decision comes against the backdrop of widespread scepticism of consolidation in the mobile telecommunications
Antitrust & Trade Regulation
BIS further targets China’s ability to produce advanced semiconductors; China retaliates with its own export bans
On December 2, the Bureau of Industry and Security (BIS) announced two companion rules to impede China’s ability to procure and produce advanced-node semiconductors that can be used in advanced weapons systems, artificial intelligence (AI), and advanced computing.
In response, China announced that it will in principle ban exports of gallium, germanium, antimony, and superhard…
Antitrust Review Episode 35: Looking Back at Commissioner Vestager and Forward to Commissioner Ribera
In the latest instalment of our Antitrust Review podcast, host Nick Levy is joined by colleagues from Cleary Gottlieb’s Brussels office, as well as two veterans of the Brussels scene, Sir Jonathan Faull, who chairs Brunswick’s European Public Affairs Group, and Peter Guilford, who runs Shearwater, a leading EU public affairs firm. Together, they discuss…
Compliments to the Procurement Collusion Strike Force (and a trip down memory lane)
The Antitrust Division of the USDOJ recently celebrated the Fifth Anniversary of the Procurement Collusion Strike Force. The event, held at the Great Hall of the Department of Justice, featured speeches by Assistant Attorney General Jonathan Kantor and Strike Force Director Dan Glad (here). “Since its inception…
Antitrust Review Episode 34: What to Expect under President Trump
In the latest instalment of our Antitrust Review podcast, host Nick Levy is joined by two veteran observers of US antitrust enforcement – Dave Gelfand, who served as Assistant Attorney-General for Antitrust Litigation at the Department of Justice during President Obama’s second term, and Bruce Hoffman, who served as Director of the Bureau of Competition…
Treasury expands CFIUS’s real estate jurisdiction
On November 1, 2024, the U.S. Department of the Treasury issued a final rule to expand the Committee on Foreign Investment in the United States’ (CFIUS) jurisdiction over certain transactions by foreign persons involving real estate in the United States (Final Rule). The Final Rule introduces significant changes, including:
1. Expansion of CFIUS’s jurisdiction over…
International trade in a second Trump presidency
On Wednesday, former President Donald Trump was projected to retake the White House and become the United States’ 47th president. The Senate is also projected to be Republican controlled; the House of Representatives remains too close to call.
Based on insights from his first administration and his campaign promises, the following are a few key…
Supreme Court Set To Make Cert Decision On Per Se Battle
On February 1, 2022, Brent Brewbaker, a former executive of Contech Engineered Solutions LLC was convicted by a jury for his participation in bid-rigging and fraud schemes targeting the North Carolina Department of Transportation (NCDOT). The conviction seemed an unremarkable event at the time. “Evidence showed that Brewbaker instructed a co-conspirator to submit non-competitive…
Does firm size matter more with the recent amendments to the Competition Act?
The Commissioner of Competition, Matthew Boswell said in a recent speech that “it’s not bad to be big” while outlining the noteworthy legislative changes to the monopolistic practices provisions of the Competition Act. He added that “companies that grow large by innovating and competing on the merits should not be punished”. While high levels of…
Treasury Department issues final rule creating U.S. outbound investment security program
On October 28, 2024, the U.S. Department of the Treasury issued its long-awaited final rule (Final Rule) implementing an outbound investment security program. Stemming from Executive Order 14105 (Outbound Order), the new program targets U.S. investment in China, Hong Kong, and Macau related to a defined set of technologies and products that pose…