Quarterly Newsletter on Antitrust, Regulation, and Foreign Investment

elcome readers to the quarterly newsletter of the Ashurst Antitrust, Regulatory and Trade Team for the first quarter of 2025. In this edition, we highlight several key developments that have taken place in the legal landscape. These include updates on merger control in the UK and Australia, the introduction of a new consumer enforcement regime in the UK, and the evolving digital economy in Australia.

In the realm of merger control, notable developments include the Competition and Markets Authority (CMA) in the UK launching a formal review of its approach to remedies in merger cases. This review focuses on the effectiveness of behavioural remedies and the consultation on legislative reforms related to the share of supply and material influence tests. Additionally, the Australian Competition and Consumer Commission (ACCC) has published three sets of guidelines in anticipation of Australia’s new merger regime.

Another significant development is the implementation of a new consumer enforcement regime in the UK, which grants the CMA the authority to investigate and impose fines of up to 10% of a company’s global turnover for breaches of consumer law. While the CMA aims to support businesses in complying with consumer protection laws, it has not shied away from enforcing fines for serious breaches.

Furthermore, the digital economy in Australia continues to evolve, presenting challenges for businesses operating in this space. The regulatory and legal landscape for digital platforms, online content providers, and other entities in the digital economy is becoming increasingly complex. In our latest update, we delve into critical areas such as artificial intelligence, privacy and data protection, competition and consumer protection, online safety, and cybersecurity.

In terms of specific cases, the CMA recently cleared its first case under the new Phase 2 merger process, demonstrating the effectiveness of streamlined procedures and enhanced engagement with the Inquiry Group. Additionally, the CMA has initiated a review of its approach to merger remedies, seeking to optimize the remedies review process and ensure pro-competitive outcomes.

As Australia prepares for its new merger regime to come into effect, the ACCC has provided guidance through the release of three sets of guidelines addressing transitional arrangements, merger assessment criteria, and the practical implications of the new framework. These guidelines aim to assist businesses in navigating the changing landscape of merger control in Australia.

Overall, the legal developments in the field of antitrust, regulation, and foreign investment in the first quarter of 2025 underscore the dynamic nature of the legal landscape and the need for businesses to stay informed and adapt to regulatory changes. Stay tuned for more updates and insights from the Ashurst Antitrust, Regulatory and Trade Team in our upcoming newsletters.