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United Kingdom Merger Control: Recent Developments in the Failing Firm Defence
Matthew O'ReganOn 15 August 2014, the Competition and Markets Authority (“CMA”) approved Alliance Medical Group’s completed acquisition of IBA Molecular’s radioactive medical tracer business. Although...
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United Kingdom: Merger Control Interim Enforcement Orders
Matthew O'ReganTwo unusual features of the United Kingdom’s merger control regime are that notification is voluntary and there is no ‘suspension’ obligation. This means that mergers can be – and...
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United Kingdom: CMA consults on draft Annual Plan for 2015/2016
Matthew O'ReganThe Competition and Markets Authority (“CMA”) has recently published its draft Annual Plan for 2015/2016, its second year of operation after assuming the functions of the Competition...
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United Kingdom: High Court provides guidance on application of limitation...
Matthew O'ReganThe High Court has recently provided guidance on the application of limitation periods in competition damages actions. In Arcadia v Visa, it ruled that a substantial part of the...
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Brexit Competition Law Working Group
Jon Turner QCA Brexit Competition Law Working Group has been formed, chaired by Sir John Vickers. The other members are Jon Turner QC, Amelia Fletcher, John Fingleton, Sir Nicholas Forwood, Ali Nikpay...
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An easier route to individual liability for cartel conduct?
Nicholas Querée and Jasvinder NakhwalOn 1 December 2016, the UK Competition and Markets Authority (“CMA”) obtained a novel “disqualification undertaking” from Daniel Aston, the managing director of...
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UNITED KINGDOM: RECENT CARTEL AND ANTITRUST ENFORCEMENT
Matthew O'ReganIn its recent draft annual plan, the Competition and Markets Authority (“CMA”) committed itself “to further step up the pace, scale and impact of our enforcement against anticompetitive...
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Brexit and Competition Law
Jay ModrallWith her delivery of the UK’s Article 50 notice on March 29, Theresa May has launched the two-year negotiating process leading to the first exit of a Member State from the European Union...
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UK launches antitrust review of the wholesale insurance broker market
Matt EvansThe UK Financial Conduct Authority (“the FCA”) has published the terms of reference for a market study into the wholesale insurance broker market. Its aim is to understand whether...
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English jurisdiction as effective as ever: A Response to the European...
Louise FreemanDispute Resolution This article “fact-checks” the “Notice to Stakeholders” published by the European Commission on November 21, 2017[1] (the “Notice”). The Notice has received widespread...
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House of Lords Publishes Report on Brexit’s Impact on Competition and State Aid
Ros Kellaway, Totis Kotsonis and Annabel BorgOn 2 February 2018, the EU Internal Market Sub-Committee of the House of Lords (“EU Committee”) published its report on the implications of Brexit on...
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Director disqualification and the CMA: Encouraging a “top down” compliance...
Bernardine Adkins and Samuel BeightonIn April 2018, the UK’s Competition and Markets Authority (the “CMA“) announced that two individuals would be disqualified from acting as directors for 3 and 3.5...
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State Aid Rules to be enforced by the CMA Post-Brexit
Totis KotsonisThe Government has given its strongest indication yet that a domestic State aid regulatory regime, substantively similar to the EU State aid regime which applies today, will be in place...
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Competition Appeal Tribunal quashes the CMA’s excessive pricing decision...
James KillickSummary On 7 June 2018, the UK Competition Appeal Tribunal (CAT) held that the UK Competition and Markets Authority (CMA) misapplied the relevant legal test when finding that Pfizer and...
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Reflections on the decision of the Competition Appeal Tribunal in Pfizer/Flynn
Akos RegerIntroduction I recommend reading the UK Competition Appeal Tribunal’s (CAT) decision in Flynn/Pfizer vs UK Competition and Markets Authority (CMA) as both lawyers and economists can find a...
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The Creation of the Business and Property Courts will Enable Competition Law...
Matthew O'ReganThe new Business and Property Courts of England and Wales (“B&PCs”) became operational on 2 October 2017. As well as London, new BPCs have also been established in seven regional...
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The common rulebook in context – reflections on certain aspects of the UK...
Totis KotsonisOn 12 July, the UK Government published a White Paper setting out its proposal for a future UK-EU relationship, following Brexit. The type of UK-EU relationship which this envisages is...
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Competition Law and Director Disqualification: Proposed Changes to the...
Samuel BeightonThe UK’s Competition and Markets Authority (“CMA”) is consulting on proposed revisions1)The CMA’s consultation document, and the Draft Revised Guidance, are available at:...
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A domestic State aid regime and the challenge of a “no deal” Brexit
Totis KotsonisThe UK Government has recently indicated its intention to transpose the EU State aid rules into domestic legislation, even in the event of the UK exiting the EU without a Withdrawal...
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Brexit and Global Antitrust Reviews: Practical Issues and Guidance
Jonathan Parker, Joshua N. Holian and Calum M. WarrenThe UK’s expected separation from the European Union (EU) on 29 March 2019 (Brexit Date) will re-cast the process by which parties pursuing global...
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