Expert Analysis

• Compliance Landscape Shifts As CMA Targets Fake Reviews

  

  The Competition and Markets Authority’s investigations into five companies’ alleged misleading online reviews are the first use of its administrative powers under the Digital Markets, Competition and Consumers Act, marking a turning point in U.K. consumer protection enforcement, say lawyers at Fieldfisher.

• SFO Plan Focuses On Resilience But Funding Doubts Persist

  

  The Serious Fraud Office’s emphasis on tighter case management and making greater use of technology in its latest business plan suggests a concern with strengthening complex financial crime enforcement, however the agency may not have the resources to deliver meaningful change, say lawyers at Signature Litigation.

• EU Defense Road Map Opens Doors To New Market Entrants

  

  The European Economic and Social Committee's and European Investment Bank Group’s recent endorsements of the European Commission’s EU defense industry transformation road map signal positivity for ongoing implementation, making public procurement more accessible to innovative newcomers and creating fresh opportunities to participate in security-relevant innovation projects, say lawyers at Dechert.

• Sanctions Spotlight: Key Priorities Of OFSI's 3-Year Strategy

  

  The Office of Trade Sanctions Implementation's 2026-2029 strategy to assist businesses by providing practical compliance advice and more predictable support will be welcomed, although the process for obtaining guidance and whether the ensuing information will be made publicly available remains unclear, says Alexandra Melia at Steptoe.

• EU Risks Falling Behind With Delay In Digitization Rule Fixes

  

  With financial organizations calling for the European Union to fast-track modifications to the Distributed Ledger Technology Pilot Regime and the EU signaling that tokenization is a permanent feature of the financial landscape, the sector needs to prepare for the now inevitable shift, says Antonio Lanotte at Futura Law.

• Darchem Ruling Clarifies Status Of JV Members' Solo Claims

  

  The High Court’s recent decision in Darchem Engineering v. Bouygues on whether individual members of an unincorporated joint venture can pursue claims against an employer provides a helpful road map for considering a JV's standing, and a reminder of the importance of contract construction, say lawyers at Squire Patton.

• Insights From FCA's Latest Customer Due Diligence Review

  

  The Financial Conduct Authority’s recent report on customer due diligence controls explains what distinguishes good policies and procedures from those that are lacking, and should encourage firms to check that their processes are detailed, practical and relevant to the business, say lawyers at Womble Bond.

• Lessons From Spain's Decision Not To Enforce UK Judgment

  

  In a recent ruling, a Barcelona court refused to recognize a €365 million U.K. judgment against Cerberus Capital, showing that a foreign decision may be sound, final and enforceable in its own jurisdiction, yet still be refused entry where it threatens to displace a dispute already before the Spanish courts, says Josep Galvez at 4-5 Gray’s Inn Square.

• How New EU Third-Country Branch Rules Will Affect UK Banks

  

  The European Union's new directive on third-country branch rules for non-EU banks will have a significant impact on U.K. banks, which will no longer be permitted to provide core cross-border services into the EU without a local presence, unless an applicable exemption or carveout applies, say lawyers at Farrer & Co.

• Lessons From ESMA's Record €1.4M Trade Repository Fine

  

  The European Securities and Markets Authority's recent fine against REGIS-TR for data and procedure breaches under Market Infrastructure and Securities Financing Regulations demonstrates that a license confers no immunity from sanctions, and that dually registered trade repositories face a greater financial exposure in the event of noncompliance, say lawyers at White & Case.

• CMA's 5-Point Plan Signals Shift In Enforcement Priorities

  

  The Competition and Markets Authority’s recently published annual plan is notable for a strong shift toward prioritizing U.K. enforcement of consumer protection laws, encouraging innovation and policing public procurement markets for anticompetitive conduct, which contrasts with previous plans that focused on competition in digital markets, complex merger review and sustainability, say lawyers at Cooley.

• Responding To UK's New Late-Payment Enforcement Regime

  

  The U.K. government’s recently announced crackdown on late payment marks a decisive shift from voluntary standards toward an enforcement-led framework designed to alter behavior by changing incentives, increasing accountability and introducing real consequences for persistent poor practices, say lawyers at Shoosmiths.

• Unpacking HMRC's Decision To Delay Tax Adviser Regime

  

  Lawyers at McDermott discuss why HM Revenue & Customs recently chose to delay the application of its tax adviser registration requirement to financial services firms, such as asset managers, as well as the onerous duties and responsibilities that the current legislation imposes.

• What CMA Blog Reveals About Pricing Collusion Scrutiny

  

  The Competition and Markets Authority's recent blog post announcing capabilities to screen for algorithmic collusion demonstrates that the regulator's concerns are crystallizing into enhanced investigative and enforcement actions, broadening the range of commercial arrangements at risk of antitrust scrutiny, say lawyers at Freshfields.

• Carillion Fines Show FCA's Broad View Of Directors' Duties

  

  The Financial Conduct Authority’s recent issuing of final notices to Carillion’s former group CEO demonstrates that executive directors cannot recklessly allow misleading public announcements that undermine market confidence, says Wendy Saunders at Lewis Silkin.