Recent proposals to amend the UK’s national security investment screening regime mean that investors may in future be required to make mandatory, suspensory, pre-closing filings to the UK Government when seeking to invest in a broader range of companies developing
Covington Competition
The Covington View
Covington Competition, published by Covington & Burling LLP, focuses on competition law and regulatory developments within the European Union and globally. The blog covers topics such as foreign direct investment (FDI) screening regimes, antitrust enforcement including no-poach agreements and minority shareholdings, state aid frameworks supporting industrial and clean energy initiatives, and sector-specific regulatory issues like defense and technology. It analyzes trends in merger control, investment screening, and competition policy enforcement, providing insights into legal and policy intersections affecting corporate transactions, compliance, and market competition.
Latest from Covington Competition - Page 6
Towards a More Interactive Merger Review Process: UK CMA Proposes Amendments
What do you need to know?
Following a call for information earlier this year, the UK’s Competition and Markets Authority (CMA) has now announced the changes it intends to make to its merger review process. The majority of the changes…
Recently Published FTC Data Confirm Historically Low Number of Merger Enforcement Actions
Berlin court clarifies significant German FDI issues
In quick succession on 7 and 15 November 2023, the Administrative Court of Berlin (Verwaltungsgericht Berlin, the “VG Berlin”) has ruled on procedural matters in foreign direct investment review proceedings of the Federal Ministry for Economic Affairs and Climate Action…
GAO Recommends Increased Guidance for DOD Mergers & Acquisitions Review
By Ross Demain & Jim O’Connell
On October 17, 2023, the U.S. Government Accountability Office (“GAO”) published a report on mergers and acquisitions (“M&A”) in the defense industrial base. The report details the current M&A review process of the Department of Defense (“DOD”) and provides recommendations…
What does the new EU Foreign Subsidies Regulation (FSR) mean for companies doing business in the EU?
The EU Foreign Subsidies Regulation (FSR) adopted in December 2022 creates a new instrument to prevent foreign subsidies from distorting the European Union (EU) internal market. It aims to fill a perceived regulatory gap left by EU State aid rules…
Sector Inquiries and the German new (and complicated) Competition Toolbox
Based on the 11th Amendment to the German Competition Act (Gesetz gegen Wettbewerbsbeschränkungen, “GWB”) that was passed by the German parliament (Bundestag) on 6 July 2023, the GWB will undergo significant reform (the “Reform”). Among other Reform amendments, attention has…
U.S. Antitrust Agencies Propose Major Changes to Merger Guidelines
On July 19, 2023, the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice (collectively, “the Agencies”) issued a new set of merger guidelines in draft form for public comment (the “Draft Guidelines”). The Draft Guidelines…
The EU Foreign Subsidies Regulation starts to apply – what you need to know about the notification obligations
The Foreign Subsidies Regulation (“FSR”) enters into force today, 12 July 2023. It creates a new instrument designed to prevent foreign subsidies from distorting the EU internal market (see our blog). The objective is to level the playing field…
Belgium takes action to screen foreign direct investment (FDI) on its territory
Belgium introduced an FDI screening mechanism anticipated to enter into force on July 1, 2023, adding yet another jurisdiction in the EU which has adopted national measures to implement the EU’s FDI Regulation (EU) 2019/452. The new Belgian regime…