Expert Analysis

• CMA's Leniency Guide May Change Self-Report Calculus

  

  The Competition and Markets Authority's updated leniency guide introduces significant changes to bolster cartel enforcement, with incentives to early self-report that will be welcomed by businesses, but the weighty specter of potential class actions could greatly outweigh the discount on administrative fines, say lawyers at Cooley.

• Why EU's FDI Screening Proposals Require Careful Balance

  

  The European Commission’s proposals to harmonize EU foreign direct investment screening regimes at the member state level require a trilogue between the commission, Parliament and council, which means political tensions need to be resolved in order to reach agreement on the five key reforms, say lawyers at Arnold & Porter.

• Fashion Giants' €157M Fine Shows Price-Fixing Not In Vogue

  

  The European Commission’s recent substantial fining of fashion houses Gucci, Chloé and Loewe for resale price maintenance in a distribution agreement demonstrates that a wide range of activities is considered illegal, and that enforcement under EU competition law remains a priority, says Matthew Hall at McGuireWoods.

• OFSI Proposals Signal Greater Focus On Enforcement Activity

  

  The Office of Financial Sanctions Implementation’s proposed financial sanctions reforms, with risks of higher penalties and more stringent disclosure requirements for U.K. banks and companies, reflect the agency’s evolution into a more sophisticated and robust enforcement regulator, says Irene Polieri at Gibson Dunn.

• How 2nd Circ. Decision Extends CFTC's Extraterritorial Reach

  

  The Second Circuit recently concluded in U.S. v. Phillips that the Commodity Exchange Act extends to entirely foreign conduct if a victim of the conduct is based in the U.S., suggesting there is a heightened risk that foreign swap transactions will be susceptible to U.S. regulation when U.S. counterparties are involved, say attorneys at Skadden.

• UK Getty Ruling Tests Balance Of IP Rights And AI Industry

  

  The recent Getty Images v. Stability AI High Court decision, rejecting copyright claims while upholding limited trademark infringement, will influence the creative community and U.K. artificial intelligence industry alike, and the training of AI models in the U.K. is still a risk, say lawyers at Powell Gilbert.

• Takeaways From Landmark UK Ruling On Brazil Dam Collapse

  

  The High Court found BHP liable for a Brazilian dam collapse that resulted in a major environmental disaster, showing that England remains open for complex transnational environmental claims and providing a road map for other mass claims that are sure to follow this case, says Josep Galvez at 4-5 Gray's Inn Square.

• Navigating Compliance As EU Cybersecurity Rules Evolve

  

  One year after the European Union’s Network and Information Systems Directive 2 took effect, in-scope organizations are encountering mounting pressure to meet new cybersecurity standards, and national variations are creating additional challenges for companies that operate across multiple EU jurisdictions, say lawyers at Goodwin.

• EBA Proposals Signal Overhaul Of EU 3rd-Party Risk Rules

  

  The European Banking Authority’s plans to extend third-party risk controls to non-ICT services, which may be finalized by the end of the year, will place a significant compliance and operational burden on in-scope entities, which should not be underestimated, say lawyers at Travers Smith.

• UK Tribunal's Clearview Decision Expands GDPR Application

  

  The Upper Tribunal’s recent decision in Information Commissioner v. Clearview AI is an important ruling on the extraterritorial reach of the European Union and U.K. General Data Protection Regulations, broadening behavioral monitoring to include not only activity by the company, but also its client, says Edward Machin at Ropes & Gray.

• Decoding Arbitral Disputes: UK Assignability Of ICSID Awards

  

  The recent High Court decision in Operafund v. Spain clarifies the stance of English law on an important question to investors, funders and sovereigns, concluding that awards under the International Centre for Settlement of Investment Disputes Convention are not commodities that can be traded, says Josep Galvez at 4-5 Gray's Inn.

• CMA Guide Clarifies Role Of Competition Law In Employment

  

  The Competition and Markets Authority’s recent guide to applying U.K. competition law to employment market practices, with a focus on no-poach agreements, wage-fixing and exchange of sensitive information, provides welcome and timely guidance for employers trying to navigate this area, say lawyers at Lewis Silkin.

• FCA Proposals Reduce Consumer Duty Compliance Burden

  

  The Financial Conduct Authority’s recent proposals to streamline the consumer duty regime represent a pragmatic response to industry concerns, with a move toward sector-specific supervision and potentially narrowing its scope for wholesale and cross-border business, say lawyers at Simmons & Simmons.

• How New Companies House ID Rules Affect Businesses

  

  Lawyers at Shepherd & Wedderburn discuss the Economic Crime and Corporate Transparency Act’s new mandatory identity verification requirements for all company directors and persons with significant control, set to go live next week, which aim to curb fraud by improving the reliability of information held by Companies House.

• Russia Sanctions Spotlight: Taking Russian Oil Off The Market

  

  The recent sanctions targeting Russia's energy sector by the U.K., EU and U.S. aim to limit Russia’s ability to fund its war machine by the sale of fossil fuels, representing an important escalation that has the potential to affect a wide range of business activities, says Alexandra Melia at Steptoe.