Are you new here? Get free emails to your inbox.
Hi this is ZipLaw! This is our ZipTracker Newsletter where we run through the top court cases and deals law firms acted on this week so you can use them to stand out in applications. All of them (and more) are added to our ZipTracker database each week.
Here’s what we’re serving today:
- Court cases involving: Norton Rose Fulbright, Freshfields, Allen & Overy
- Deals involving: Slaughter and May, Travers Smith, Milbank, Allen & Overy, Simmons & Simmons and HSF.
The following deadlines are coming up! Use ZipTracker to stand out in your applications (we have deals & court cases for all of them) 🙌
- 📅 Allen & Overy TC – 17 November
- 📅 Clifford Chance TC – 23 November
- 📅 Slaughter and May TC – 30 November
- 📅 CMS TC – 4 December
Summary: The U.K.'s Competition and Markets Authority (CMA) is challenging a ruling that prevents it from obtaining documents from BMW AG and Volkswagen, which are located outside the U.K., for an antitrust investigation.
Key Points to Take Away:
- Jurisdictional Reach vs. National Sovereignty: The CMA's push to access documents from Germany stirs a classic legal broth – how far can a country's law reach before it bumps into another's sovereignty? The U.K. court initially decided, "Nope, you can't just stretch your arm across borders," but the CMA is arguing that their arm should indeed be that long if it's about sniffing out antitrust behaviour.
- The Brexit Aftermath: It's like when you break up and suddenly realize you lost some friends in the custody battle. Pre-Brexit, the CMA could've waltzed through the European Commission's door and gotten what it needed. Post-Brexit? Not so much. The CMA's argument is like saying, "We used to have these powers; can we not just keep them?" It's a compelling narrative about how political changes can leave regulatory bodies scrambling for their lost toolbox.
- Penalties and Deterrence in a Global Market: The CMA threw the book at BMW, with daily fines stacking up. It's their way of saying, "We mean business," but the Tribunal's decision to waive this off could set a precedent. If left standing, it's essentially a cheat code for multinational companies: keep your controversial papers in another country's backpack, and the CMA's hands are tied. The case is a stark reminder that in a globalized economy, national agencies might need bigger nets—or at least, ones with a cross-border reach.
Which law firms are advising on this?