Preparing for direct enforcement: a practical approach to the CMA’s new consumer protection powers

The Digital Markets, Competition and Consumers Act 2024 (DMCC) marks the biggest change in UK consumer law in over half a century. Not only does the DMCC consolidate and restate much of the existing UK consumer law along with recent CMA practice, it also incorporates new rules on drip pricing, fake reviews (including hidden advertisements) and subscription contracts. More importantly, it confers much stronger enforcement powers on the CMA, with the introduction of direct powers for the CMA to investigate and impose a range of penalties (including up to 10% of a company’s global turnover) for breaches of consumer law. Accordingly, compliance risk is set to increase exponentially under the DMCC.

Recent enforcement and CMA guidance has focussed on pricing and urgency claims, green claims, and ensuring compliant-by-design online choice architecture – areas in which we anticipate continued scrutiny as the DMCC comes into force. Many businesses are recalibrating their approach to compliance in line with these recent areas of enforcement, and in preparation for new rules introduced under the DMCC. During this webinar, speakers from the CMA, Sainsbury’s and Linklaters discussed how businesses can prepare for direct enforcement of consumer protection law.

A status check on platform regulation in its infancy: the DMA’s first year and the DMCC’s first month

Over the past two years, digital markets have seen more regulatory developments than any other sector, particularly in the EU and UK.

Since the Digital Markets Act’s (DMA) effective application from 2 May 2023, the European Commission has designated over 20 core platform services provided by seven gatekeepers. It has also opened non-compliance investigations and further specification proceedings. Across the Channel, the CMA is gearing up take its first official steps under its new digital markets regime: the Strategic Market Status (SMS) regime brought in by the Digital Markets, Competition and Consumers Act (DMCC). What remains to be seen is how similar (or different) the CMA’s approach to digital market enforcement will be compared to its European counterpart.

During this webinar, Jonny Ford and Lodewick Prompers shared views with European Commission case handler Pierre Bichet and from Kirsten Edwards-Warren, Co-Head of Compass Lexecon’s EMEA practice on the main learnings from the EU regulator’s first forays into DMA enforcement, and looking ahead to the enforcement of the UK regime.

Global Antitrust enforcement trends webinar

Global antitrust enforcement has rocketed post-pandemic, with steep rises in investigations, dawn raids and fines in recent years. But enforcement priorities have shifted. The last few years have seen considerable changes in the sectors and areas investigated, not to mention how antitrust investigations are conducted. Listen to our global partners explore the latest issues in antitrust enforcement.

165 Days of The EU's Foreign Subsidies Regulations

As the EU’s new Foreign Subsidies Regulation marks 165 days in office, experts from the European Commission, Linklaters, and in-house practitioners will explore key lessons to date, particularly in the context of M&A.

Competition Law and Sustainability Collaborations - November 2023

Although most companies want to work together, sustainability professionals are still hesitant about collaborating on ESG issues due to fear of breaching competition rules. Our panel, composed of Alexander Winterstein of DG-Competition, Martijn Snoep of ACM, Denise Hearn of Columbia Center on Sustainable Investment, Annamaria Mangiaracina and Jonathan Ford discussed the results of our latest sustainability survey and how businesses and authorities can move the debate forward.

VBER 3.0: the questions we’re still asking one year on - November 2023

With the new Vertical Block Exemption Regulation and the accompanying guidelines now in force for over a year, businesses are still grappling with the interpretation and implementation of the revised vertical provisions. Our panel, composed of Paul Bridgeland of DG-Comp, Charlotte Colin-Dubuisson, Sima Ostrovsky and Erik Venot discussed the most frequent questions raised by clients and stakeholders in the EU and the UK.

European Union Foreign Investment Operational Practice - July 2023

Christoph Barth sits down with Damien Levie, who heads up the unit on Technology & Security, FDI Screening in the Directorate-General for Trade at the European Commission, to discuss how the EU FDI Screening Mechanism is working in practice, and prospects for reform. 

Greenwashing from a UK regulatory perspective – the CMA and the ASA - June 2023

In this episode, we look at greenwashing in the competition, consumer and advertising sphere and recent developments at both the ASA and the CMA.

Antitrust & Foreign Investment Legal Outlook 2023: Championing the consumer in challenging times - January 2023

2023 will be the year that global antitrust authorities implement and apply new tools designed to allow them to better support consumers in hard times. We expect to see authorities continuing to push the boundaries of established competition law and enforcement. Their top priority? Clamping down on anti-competitive practices by businesses under economic pressures, including in new areas like HR. Our Antitrust & Foreign Investment Legal Outlook for 2023 covers the key issues we expect our clients will need to be aware of in the coming year. During this live webinar, partners and counsel from our global team shared further insights and answered questions on what to expect in the year ahead.

The new EU Foreign Subsidies Regulation: What it means for businesses and how best to prepare - October 2022

The EU’s new Foreign Subsidies Regulation is expected to enter into force in mid-2023, granting the European Commission powers to tackle distortions to the EU’s internal market created by subsidies from non-EU countries. Panellists drawn from the European Commission, in-house practitioners, economists and competition lawyers from the Linklaters Antitrust & Foreign Investment Group discussed what this means for companies doing business in the EU.

The Digital Markets Act – what’s happening? - July 2022

Following political agreement between the EU’s political institutions, the Digital Markets Act (DMA) is set to enter into force in the Autumn and take effect in Spring 2023. With the text finalised, attention is now switching to the Act’s implementation and what will happen in practice in the coming 12 – 24 months. Our speakers discussed the gatekeeper designation process, implementation of the DMA’s more complex rules, and whether the DMA will set global standards for regulating the largest digital platforms.

VBER ‘22 Goes Live – so what do you need to know? June 2022

It’s a big month for verticals as VBER ’22 goes live! Our panel, composed of Charlotte Colin-Dubuisson, Sima Ostrovsky, Erik Venot and David-Julien dos Santos Goncalves discussed the practical application of the new changes in vertical rules in the EU and UK.

Foreign Investment Control: what banks and financial institutions need to know - November 2021

In this video, Nicole Kar (Global Head of Antitrust & Foreign Investment Group) and Neil Hoolihan (Counsel, Antirust & Foreign Investment Group) discuss the global paradigm shift in foreign investment controls in recent years, why this is relevant for banks and financial institutions and practical implications organisations should be aware of to ensure their deals stay on track.

EU vertical block exemption: antitrust authorities’ perspective on next generation rules - July 2021

The revision of the VBER and Vertical Guidelines is reaching a critical stage with the imminent publication of the draft revised rules by the European Commission. Our panel, composed of members of three key competition authorities within the European Union, discussed the upcoming changes and the overall spirit of the draft revised VBER and Guidelines.

London Insights Series: Cartels - learning from recent experience - May 2021

Continuing our Global Business Crime Outlook series, this webinar discussed cartels, in particular developments in the UK and the US. Our speakers focused on: recent developments in criminal cartel enforcement, cross-border privilege aspects, dealing with exposure for individual executives and managing parallel civil damages litigation.

Competition Law and Sustainability – Sustainability as a Key Factor in Competition - April 2021

The European Commission sets with the Green Deal a benchmark for the sustainable development of the European economy. Brussels partner Annamaria Mangiaracina (Partner, Brussels) featured in this conference, focusing on how antitrust issues may effect European business actions, and whether the parameter of sustainability will be a soil for antitrust.

You can watch the recording of this conference on the Big Marker website ($).

London Insights Series: Competition law and sustainability - Is competition law cooperating? - February 2021

In this webinar, Tom McGrath (Partner, New York), Annamaria Mangiaracina (Partner, Brussels) and Emma Cochrane (Practice Development Lawyer, London) discuss how companies can achieve their sustainability goals and stay within the competition rules as they currently apply, potential reforms, and the lessons we can apply from the Covid-19 crisis to competition law and climate change.

London Insights Series: New year, new strategy for merger control and foreign investments - January 2021

With the UK having left the EU, many mergers will become subject to parallel review by the European Commission and the UK’s Competition and Markets Authority, with potentially divergent timetables and outcomes. This session considered: the CMA’s approach to merger control enforcement; the UK Government’s bolstered foreign investment proposals; steps for devising a successful global merger control and foreign investment control strategy.

GCR Interactive: Foreign Investment and Protectionism (Day 2) - December 2020

Jonas Koponen (Partner, Brussels) and John Davis (Senior Advisor, Brunswick, London) chair GCR Live’s inaugural conference on Foreign Investment and Protectionism. During the conference leading figures take stock of where we are in relation to the rapidly evolving landscape of foreign investment review at a global level. Discussed are some important themes that are emerging across jurisdictions, such as convergence, reciprocity, the broadening scope of review, mitigation of risk, deal structuring and, importantly, what we can expect for the future.

GCR Interactive: Foreign Investment and Protectionism (Day 1) - December 2020

Jonas Koponen (Partner, Brussels) and John Davis (Senior Advisor, Brunswick, London) chair GCR Live’s inaugural conference on Foreign Investment and Protectionism. During the conference leading figures take stock of where we are in relation to the rapidly evolving landscape of foreign investment review at a global level. Discussed are some important themes that are emerging across jurisdictions, such as convergence, reciprocity, the broadening scope of review, mitigation of risk, deal structuring and, importantly, what we can expect for the future.

EU vertical block exemption: next generation rules - November 2020

In this webinar an expert panel discuss how that since the Commission completed the Evaluation Phase of the Vertical Block Exemption Regulation (VBER) review process it’s expected to culminate in a revised VBER and Vertical Guidelines in 2022.

During this webinar, which was organised by Sima Ostrovsky (Managing Associate, London) and Charlotte Colin-Dubuisson (Counsel, Paris), moderator Pierre Zelenko (Partner, Paris) is joined by speakers Isabel Rooms (Partner, Brussels), Marieke Scholz (Deputy Head of Unit, European Commission), Miguel De La Mano (Executive VP, Compass Lexecon), Anselm Rodenhausen (Senior Antitrust Counsel, Zalando SE) and Christoph Leibenath (Senior Antitrust Counsel, Nestlé S.A) as they discuss the key focus areas for future amendments and the proposed policy options identified by the Commission for the Impact Assessment Phase.

Tech merger control: global hotspots and focus areas for regulators - October 2020

Listen to this four minute video where Will Leslie (Managing Associate, Brussels) and Verity Egerton-Doyle (Managing Associate, London) provide an update on the impact of competition law developments on tech mergers.

Taking control of your foreign investment approach: What you need to know – September 2020

Antonia Sherman (Partner, Washington, D.C.) moderates a session with speakers Nicole Kar (Partner, Global Head of Antitrust & Foreign Investment, Co-Head Trade Practice and Specialist Adviser, Foreign Affairs Committee, UK Parliament), Christoph Barth (Partner, Düsseldorf) and Jonathan Gafni (Senior Counsel, Head of U.S. Foreign Investment, Washington, D.C.) on the recent changes at the Committee on Foreign Investment in the United States (CFIUS), as well as foreign investment developments in other key jurisdictions.

This session was part of a hot topics series for Canadian investors.

Concurrences Law & Economics Webinar - Sustainability goals and Antitrust: Finding the common ground - September 2020

This webinar focuses on sustainability and antitrust policy where the challenges companies have faced with sustainability cooperation initiatives, the European Commission’s approach, the draft Dutch guidelines recently issued and how to establish joint sustainability initiatives within the boundaries of antitrust law are discussed in further detail.

Nicole Kar (Global Head of Antitrust & Foreign Investment, Linklaters) is joined by Olivier Guersen (Director General, DG COMP), Martijn Snoep (Chairman, Netherlands Authority for Consumers and Markets), Alec Burnside (Partner, Dechert) and Andrea Collart (Partner, Avisa Partners).

The impact of an economic crisis on merger control and foreign investment regulation – July 2020

Listen to Nicole Kar (Global Head of Antitrust & Foreign Investment), Antonia Sherman (Partner, Washington DC), Marcus Pollard (Counsel, Hong Kong) and Emma Cochrane (Practice Development Lawyer, London) consider the impact that Covid-19 has had on merger control and regulatory processes. We examine the impact of the economic crisis on merger timelines and assessments, the growth of foreign investment regulation around the world and consider the increased politicisation of merger processes.

Life After Covid-19: Competition Policy in a Changed World - July 2020

This webinar is a discussion on the challenges for regulators, policymakers and companies that will emerge as the pandemic recedes. What will a competitive market look like in a world where companies have exited the market, concentration has grown and the state may be present through bailed-out companies? How should competition enforcers act in an increasingly crowded regulator world of investment screening, anti-subsidy rules and more “sovereign” economies? And how do the notions of “consumer welfare” or “open markets” stack up against an expanding concept of “public interest”?

Moderating the exchange is Lewis Crofts (Editor-in-Chief, MLex) and he is joined by Nicole Kar (Global Head of Antitrust & Foreign Investment, Linklaters), John Fingleton (CEO & Founder, Fingleton), Professor William Kovacic (Director Competition Law Center, George Washington University) and John Davies (Senior Adviser, Brunswick Group).

Asset Manager Spotlight – Competition law in the financial sector – June 2020

Listen to Gavin Lewis (Dispute Resolution Partner) Sara Cody (FRG Counsel PSL), Jonathan Ford (Antitrust & Foreign Investment Counsel), Raza Naeem (FRG Counsel) and Sarina Williams (Dispute Resolution Managing Associate) discuss the FCA’s competition powers and how they are being used, activities that are particularly susceptible to antitrust intervention, and how asset managers can address these risks against the backdrop of the FCA’s support for the CMA’s March 2020 Guidance on Business Cooperation in response to Covid-19.

State aid throughout and post Covid-19 - June 2020

This is the final instalment in a webinar series that has been developed by Linklaters with GCR to help companies tackle the live issues relating to competition law enforcement in the wake of the Covid-19 outbreak. This episode concentrates on exploring the framework for aid during Covid-19 in addition to considering the application of state aid to tackle Covid-19, how it compares to other crisis situations and what it means for the future.

Natura Gracia (Antitrust & Foreign Investment Partner, Linklaters) is joined by Dr Max Lienemeyer (LLM) (Head of unit in the Competition Directorate General, European Commission), Nicole Robins (Head of State aid practice, Oxera) and Manish Das (Head of Competition law, Lloyds Banking Group) as they discuss from a practical perspective the many facets of State aid.

Competition law and Covid-19: The future of sustainability, innovation and green measures? - June 2020

This webinar is the second in a series which has been developed by Linklaters and GCR to help companies tackle the live issues concerning competition law policy and practice in the wake of the Covid-19 outbreak. Moderating the webinar is Annamaria Mangiaracina (Antitrust & Foreign Investment Partner, Linklaters) and joining her discussion on the future of sustainability, innovation and green measures in competition law are Paul Csiszar (Director, DG Comp), Angélique de Brousse (Senior Legal Counsel, Johnson & Johnson) and Dirk Middelschulte (General Counsel, Unilever).

What is the influence of the principles of EU law on Member States law? - June 2020

Xavier Taton (Dispute Resolution Partner, Linklaters) had the opportunity to discuss the Skanska judgment from the ECJ and all subsequent cases arising from it at a conference organised by Concurrences on the current state of private enforcement in the EU and France. On the panel was Küllike Jürimäe (Judge, Court of Justice of the European Union), Sylvaine Poillot Peruzzetto (Special counsellor, French Supreme Court (Cour de cassation)), Ingeborg Simonsson (Judge, Patent and Market Court) and Anna Vernet, (Head of Unit (ECN and private enforcement), DGCOMP). Moderating the panel was Rafael Amaro (Professor, Université de Caen Normandie). To download and follow the presentation while listening to the recording, click here.

Cooperation throughout and post Covid-19 - May 2020

Daniela Seeliger (Antitrust & Foreign Investment Partner, Linklaters) is joined by Maria Jaspers (Head of Antitrust Policy and Case Support Unit, European Commission) Dr Frauke Eßer (Head of Crises, Insolvencies and Antitrust, Volkswagen Group) and Nick Woodrow (Global Head of Competition Law, Vodafone Group) to discuss Competition and Cooperation throughout and post Covid-19.

Failing firm defense: A new era for mergers? - May 2020

Jonas Koponen (Antitrust & Foreign Investment Partner, Linklaters), Paul Csiszár (Director of Basic industries, Manufacturing and Agriculture DG COMP), Antoine Chapsal (Partner, Analysis Group) and Axel Gutermuth (Partner, Arnold & Porter) discuss during a webinar organized by Concurrences the approach of competition authorities with regards to the “failing firm defense” argument.

Competition Law and Sustainability - Is Competition Law Cooperating? - April 2020

Listen to Nicole Kar (Global Head of Antitrust & Foreign Investment, Linklaters), Simon Holmes (Judge, UK Competition Appeals Tribunal), Matthew Bennett (Vice-President, Charles River Associates) and Emma Cochrane (Practice Development Lawyer, Linklaters) about how companies can achieve their ESG goals and stay within the competition rules as they currently apply, potential reforms, and the lessons we can apply from the Covid-19 crisis to competition law and climate change.

ESG, Climate Change and the Competition Agenda - April 2020

Listen to Nicole Kar (Global Head of Antitrust & Foreign Investment, Linklaters) and Vanessa Havard-Williams (Global Head of Environment, Linklaters) share their insights into ESG, climate change and the competition agenda. This podcast focuses on why environmental issues are so important for businesses, the interplay with competition law – especially in the context of competitor cooperation, and, while we await clearer guidance from authorities, how companies can lawfully pursue their collaborative sustainability initiatives in the here and now.

Covid-19: Competition and state aid, corporate disclosures, AGMs and reporting - March 2020

Nicole Kar (Global Head of Antitrust & Foreign Investment, Linklaters), Natura Gracia (Antitrust & Foreign Investment Partner, Linklaters) and Fredrik Löwhagen (Antitrust & Foreign Investment Counsel, Linklaters) discuss the competition law issues to consider when responding to government requests for collaborative action, and the state aid questions associated with government support and bail outs. Sarah Wiggins and Ian Hunter (Corporate Partners, Linklaters) also discuss the disclosure obligations of listed companies and the issues companies face when planning their AGMs during lockdown.

Competition Outlook for 2020 - January 2020

When we think about competition policy making and enforcement, what will be the important drivers for change in 2020? What will be the main challenges for doing deals? And what about the key focus for competition enforcement and therefore compliance?

This short video sets out the different perspectives from the EU, the U.S. and China, with insights from Bernd Meyring, Thomas A. McGrath (Antitrust & Foreign Investment Partners, Linklaters) and Vivian Cao (Antitrust & Foreign Investment Partner, Linklaters Zhao Sheng).

CFIUS’ FIRRMA Regulations: 5 things you need to know - December 2019

On 13 February 2020 detailed regulations implementing the Foreign Investment Risk Review Modernization Act of 2018 came into force. By watching this video, you’ll learn about five of the key changes: (1) definitions of covered investments in U.S. technology, infrastructure, and personal data; (2) mandatory vs. voluntary CFIUS filings; (3) special treatment for certain foreign investors; (4) expanded jurisdiction over real estate transactions; (5) new filing fees.

Legacy of Vestager’s first term, Episode 6: The digital finale - December 2019

In this short vlog, senior lawyers from our Brussels, London, New York and Beijing offices share their views on Commissioner Vestager’s legacy in the digital sector. And, importantly, they consider what lies ahead.