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In Corporate Compliance

United States: Enforcement of CTA and BOI reporting rule suspended against US companies and citizens

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Over the past week there have been two significant announcements by US Financial Crimes Enforcement Network and the US Department of the Treasury with respect to the filing of beneficial ownership information reports under the Corporate Transparency Act. Based on these announcements, foreign reporting companies should technically continue complying with the BOI requirements, though there will be no consequences for failing to do so until new regulations are issued. As to domestic reporting companies, there should not be any enforcement of the CTA against such companies or consequences if such companies fail to file BOI reports.

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In Antitrust / Competition

Australia: ACCC releases guidance on transition to new mandatory merger regime

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On 4 March 2025, the Australian Competition and Consumer Commission (ACCC) released transitional guidelines to help businesses navigate the transition to the new mandatory and suspensory merger control regime which comes into force on 1 January 2026.
The Guidelines set out details on key dates and processes for how the ACCC will manage merger clearance reviews during the transition period. The ACCC is encouraging businesses to voluntarily notify transactions under the new regime from 1 July 2025 to avoid the potential need for re-notification if the ACCC is unable to complete its review in time.

In Antitrust / Competition

United Kingdom: New digital competition regime and changes to UK competition regime now in force

by , , , and 1 Min Read

Following the enactment of the Digital Markets, Competition & Consumer Act (DMCCA) in May 2024, the new UK digital markets competition regime and changes to the UK competition regime entered into force on 1 January 2025. This landmark legislation brings about significant changes to the UK antitrust regime including giving the Competition & Markets Authority the ability to regulate the technology sector, increased jurisdiction to review mergers, and stronger antitrust investigation powers.

In Antitrust / Competition

European Union: Consultation on revision of abuse of dominance guidelines at a critical juncture

by , and 4 Mins Read

An important policy debate is underway on how EU competition law should apply to exclusionary conduct by dominant undertakings under Article 102 TFEU, against a backdrop of geopolitical tensions on antitrust enforcement, and an urgent need to simplify the regulatory environment and boost Europe’s competitiveness.
In August 2024, the Commission issued a set of draft guidelines for public consultation. These were broadly criticized as rowing back on the economics based approach enshrined in earlier guidance and case law, giving the Commission too much enforcement discretion and providing insufficient practical guidance to business.

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In Antitrust / Competition

Egypt: The Egyptian Competition Authority issues its largest price fixing cartel decision and expands the scope of commercially sensitive information

by , and 4 Mins Read

Last week, the Egyptian Competition Authority (ECA) has initiated criminal proceedings against 162 broiler chick producers for agreeing to set the retail price of broilers chicks on a daily basis in Egypt. According to the ECA, this increased the prices of not only chicks but also consumer’s prices of chickens in Egypt.
The ECA has also issued a cartel decision relating to the advertising and publication market, by prohibiting the conduct of five advertising companies that agreed to refrain from participating in public bids. Both cases violated Article 6 of the Egyptian Competition Law No. 3 of 2005 (ECL).

In Antitrust / Competition

Australia: ACCC Compliance and Enforcement Priorities in 2025/26

by , and 1 Min Read

On 20 February 2025, the Chair of the Australian Competition and Consumer Commission (ACCC), Gina Cass-Gottlieb, announced the ACCC’s compliance and enforcement priorities for 2025/26 at the annual address to the Committee for Economic Development of Australia. Ms Cass-Gottlieb identified a range of industry sectors, as well as specific competition and consumer law issues that will be the focus of the ACCC’s compliance and enforcement activities for 2025/26. Many of these areas continue from last year.

In Antitrust / Competition

United States: Cross-Border White Collar Enforcement – Updates in Antitrust and FCPA Enforcement

by , and 2 Mins Read

On 13 February 2025, the US Department of Justice Antitrust Division and the Federal Bureau of Investigation announced the launch of a new online portal to help track and arrest international fugitives believed to be evading prosecution for anticompetitive crimes by remaining abroad. Specifically, the portal features information on individuals who have been publicly charged with competition crimes but have not yet answered the charges in federal court. The portal currently provides identifying information for more than 70 international fugitives charged in connection with DOJ’s long-standing investigations into price fixing and bid rigging conspiracies related to automotive parts, fuel supply contracts to the US Department of Defense, air cargo, and international shipping, among others.

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In Antitrust / Competition

South Africa: The new subsection 45 (2A) of the Companies Act – Striking the right balance

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On 26 July 2024, President Cyril Ramaphosa signed into law the Companies Amendment Bill and the Companies Second Amendment Bill, introducing significant changes to the Companies Act 71 of 2008. Effective from 27 December 2024, one key change is the new subsection 45(2A), which exempts financial assistance provided by a company to its subsidiaries from the stringent requirements of section 45. This amendment aims to reduce the compliance burden and enhance business flexibility by eliminating the need for shareholder approval and the solvency and liquidity test for such financial assistance.

In Antitrust / Competition

United Arab Emirates: New merger control thresholds published

by , , and 5 Mins Read

The United Arab Emirates (UAE) Cabinet has issued its long-anticipated Decision No. (3) of 2025 (the “Decision”), clarifying the thresholds under the new merger control regime, which are set to come into force on 1 April 2025. The UAE introduced a significant shift in its competition framework in 2023. This change was solidified with the enactment of Federal Law No. 36 of 2023 (the “Competition Law”), which came into effect on 29 December 2023.

In Antitrust / Competition

China’s new guidelines offer a prescriptive roadmap for horizontal merger review

by , , , , and 9 Mins Read

On 20 December 2024, China’s State Administration for Market Regulation (SAMR) officially released the final version of its Guidelines on the Review of Horizontal Mergers (the “Guidelines”), which came into effect on the same day. The Guidelines provide a comprehensive framework of the key regulatory considerations under China’s merger control regime, setting out potential competition law concerns arising from M&A transactions between actual or potential competitors, and outlining possible arguments to mitigate these concerns.

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