Nicholas Levy

On 16 February 2021, John Penrose MP published an independent report on improving competition and consumer protection in the UK (the Report). It finds that the UK’s competition and consumer regime “has a good reputation, but not a great one”; progress on “cutting the costs of red tape” has (...)

On November 11, the UK Government proposed a new national security screening regime that would allow the Government to intervene in “potentially hostile” foreign investments that threatened UK national security while “ensuring the UK remains a global champion of free trade and an attractive (...)

The Court of Appeal has handed down an important judgment clarifying the ability of parties that settle European Commission (Commission) antitrust investigations to challenge the Commission’s findings in follow-on damages actions. The judgment concerns an appeal relating to a preliminary (...)

In September 2020, Competition Commissioner Margrethe Vestager announced that from mid-2021 the European Commission (“EC”) would “start accepting referrals from national competition authorities of mergers that are worth reviewing at the EU level – whether or not those authorities had the power (...)

On 5 September 2020, the UK Government accepted undertakings from Gardner Aerospace Holdings Limited not to proceed with its proposed acquisition of Impcross Limited, a UK-based manufacturer of components for the aerospace industry (including for military aircraft). Gardner is owned by (...)

The CMA’s Guidance on applications for leniency and no-action in cartel cases provides detailed guidance on the principles and process for leniency applications. On 30 July 2020, the CMA invited comments on a proposed addendum to clarify the way the CMA will exercise its discretion in relation (...)

On 22 June 2020, the UK Government introduced new measures allowing it to intervene in merger transactions “to maintain in the United Kingdom the capability to combat, and to mitigate the effects of, public health emergencies." The Government will be able to intervene on these grounds in any (...)

In a landmark Judgment delivered on May 28, the General Court overturned the European Commission’s 2016 prohibition of the Three/O2 UK mobile telecommunications merger. The Judgment raises the bar for the Commission in respect of (1) the legal standard the Commission must meet; (2) the (...)

In a landmark Judgment delivered on May 28, the General Court overturned the European Commission’s 2016 prohibition of the Three/O2 UK mobile telecommunications merger. The Judgment raises the bar for the Commission in respect of (1) the legal standard the Commission must meet; (2) the (...)

On 1 April 2020, the CAT published a summary of an application to commence collective proceedings under section 47B of the Competition Act 1998. The application was filed by Mark McLaren Class Representative Limited, a special purpose vehicle, alleging losses arising from the European (...)

In a March 25, 2020 communication, the European Commission (“EC”) issued guidance on the screening of foreign direct investments (“FDI”) in the context of the COVID-19 pandemic. The communication identifies an increased risk of attempts by non-EU acquirers to obtain control over suppliers of (...)

The UK Government, the Competition and Markets Authority (“CMA”) and sectoral regulators are taking measures to respond to COVID-19, including suspending certain elements of competition law to allow competing suppliers of essential products and services to work together, while monitoring (...)

I came to Brussels to practise competition law a week after the EU Merger Regulation (the “EUMR”) [1] entered into force in 1990 and can well remember the antitrust community’s sense of expectation, trepidation, and excitement. Expectation because of the long period of gestation that followed the Court of Justice’s judgment in Continental Can [2] and the uncertainty around the European Commission’s (the “Commission’s”) ability to implement an EU-wide system of merger control. Trepidation because of the significant practical challenges, open questions of law, and untested principles that were raised by the EUMR. Excitement because of the realization that the practice of EU competition law would almost certainly be permanently and materially changed. Among the many open questions was the role that would be played by the EU Courts and the scope for effective and timely judicial review of Commission decisions.

This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 21 February, the UK Financial Conduct Authority (the “FCA”) found that Hargreave Hale Ltd (“Hargreave Hale”), Newton Investment Management Limited (...)

UK Clamps Down On Gun-Jumping On 12 February 2019, the UK Competition and Markets Authority (CMA) imposed a fine of £200,000 on Electro Rent for gun-jumping. [1] This is the third occasion on which the CMA has penalised a company for breaching “standstill” or “hold-separate” obligations (...)

On October 17, 2017, the UK Government published legislative proposals that would give it greater powers to intervene in mergers that raise national security considerations or involve national infrastructure. In the short-term, any transaction involving a party active in the manufacture or (...)

On May 18, 2017, the European Commission (the “Commission”) fined Facebook €110 million for providing incorrect or misleading information during its 2014 investigation of its acquisition of WhatsApp The magnitude of the fine dwarfs the few penalties the Commission has imposed in the past for (...)

This article has been nominated for the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On March 21, 2011, the U.K. Competition Appeal Tribunal (the “CAT”) struck out a follow-on claim for damages brought by Emerson Electric and others (“Emerson”) (...)