UK

In our earlier blog on recent changes affecting the Competition and Markets Authority (CMA), we anticipated more changes to come. The month of March has lived up to our expectations. On 12 March, the CMA launched a “call for evidence” for the review of its approach to merger remedies as well as a “Mergers Charter” for businesses, stating that:

“Both the merger remedies review and the Mergers Charter are part of the CMA’s programme of work to implement the ‘4Ps’ – pace, predictability, proportionality and process – across all its work, helping to drive growth and enhance business and investor confidence.”[1]Continue Reading Ch-ch-ch-ch-changes… Part 2

By repeating “ch-ch-ch-ch-changes” in his famous song, David Bowie was reportedly trying to mirror the stuttered steps of growth. January 2025 was a month full of changes for the UK Competition and Markets Authority (CMA). As with any changes, it is difficult to predict their effect precisely, only time will tell. Although we do not have a crystal ball, however, our longstanding and in-depth experience in UK competition law gives us unique insights on what to expect and most importantly how to adapt. In this update, we will cover some of these key changes including:   

  • The entry into force of the Digital Markets, Competition and Consumers Act (DMCCA) and related updated guidance.
  • An anticipated reform of the UK concurrency regime to extend to consumer protection.
  • The exercise by the CMA of its new DMCCA powers to designate companies with Strategic Market Status (SMS).
  • Last but not least, perhaps the changes that grabbed the headlines the most: the CMA has a new interim Chairperson and the UK government’s “steer” to the CMA’s CEO.

Continue Reading Ch-ch-ch-ch-changes… for the UK Competition and Markets Authority

The Data (Use and Access) Bill (“DUA Bill”)[1] had its second reading on 19th November 2024 after being introduced in the House of Lords on 23 October and the Bill is anticipated to enter the Lords’ Committee stage in December. According to the Department for Science, Innovation and Technology, the DUA Bill will harness the power of data to boost the UK economy by an estimated £10 billion, free up thousands of police and NHS staff time and secure the effective use of data for the public interest.[2] The DUA Bill proposes to amend both the UK General Data Protection Regulation (“UK GDPR”) and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (“PECRs”), despite little weight being placed on this in the Government’s initial press release.Continue Reading Unpacking the Proposed Data (Use and Access) Bill

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What Happened to the UK’s…

The UK Parliament was dissolved on 30th May 2024 ahead of the upcoming July general election and before the Government’s Data Protection and Digital Information (DPDI) Bill could be passed in the “wash up period”1. Like other proposed laws which were not enacted prior to the dissolution of Parliament, the Bill is considered failed and will not be carried over to the new Parliament (even if the Conservatives are re-elected, it will need to be re-presented).

What was the DPDI Bill?

This Bill was the second version of the DPDI Bill – the first version was presented to Parliament in July 2022. Its stated goal was to revise the UK’s data protection laws post-Brexit and reduce red tape and paperwork for UK businesses2. However, as we observed in a previous post, the creation of a UK data protection regime that diverged further from the regime in the EU would have had the opposite effect for any international UK (and other) businesses already subject to EU GDPR and other data protection laws.

In addition, the DPDI Bill aimed to:

  • Reduce barriers to responsible innovation by, for example, amending the definition of “scientific research” to include commercial activities;
  • Boost trade and reduce barriers to data flows by, for example, keeping the existing EU Standard Contractual Clauses;
  • Deliver better public services by, for example, the facilitation of data sharing between public and private institutions including banks to prevent fraud; and
  • Reform the Information Commissioner’s Office by, for example, replacing the current Commissioner role with a statutory board of members appointed by the Secretary of State.

Continue Reading What Happened to the UK’s Data Protection and Digital Information Bill?

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Guidance on how Ofcom and the ICO intend to…