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UK real estate and competition law: Heathrow fined £1.6 million for a...
Samuel BeightonOn 18 September 2018, the UK’s Competition and Markets Authority (the “CMA“) announced that Heathrow airport (“Heathrow“) will pay a fine of £1.6 million in relation to an infringement...
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Latest (economic) thinking on competitive impact of pricing algorithms –...
Grant Murray and Keith JonesThe CMA’s recent “economic working paper” on the use of algorithms to facilitate collusion and personalised pricing follows on the heels of other work in this area...
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A primary & secondary line ‘hybrid’? Royal Mail case reopens legal framework...
Sam MacMahon BaldwinThe CJEU’s judgment in MEO earlier this year seemed to be a welcome, final piece of the puzzle in the legal framework for analyzing when price discrimination is abusive. It was now...
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UK Competition Law Enforcement Post-Brexit: Choppy Waters Ahead
Paul HughesCMA Brexit Draft Guidance On 28 January 2019 the UK Competition and Markets Authority (‘CMA’) issued draft guidance on the effects of any no-deal Brexit on the CMA’s functions and its...
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One-time information exchange sufficient – a recent reminder in the UK
Matthew Levitt, David Cardwell and Dina JubrailThe UK’s Competition and Markets Authority (“CMA”) recently welcomed the Court of Appeal’s dismissal of a challenge brought against a decision of the...
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The CMA Remicade decision: discount schemes and abuse of dominance – effects...
James Killick, Assimakis Komninos, Strati Sakellariou-Witt and Axel SchulzSummary On 14 March 2019, the UK Competition and Markets Authority (CMA) decided to close its investigation into a discount...
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UK Issues First Fine For Concealing Evidence During a Dawn Raid
Matt EvansIn March 2019, the UK Competition and Markets Authority (“CMA”) issued its first fine on a company for concealing relevant evidence during a dawn raid, fining Fender Musical Instruments...
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Walter Merricks v. Mastercard, Paving the Way for Economic Analysis in Class...
Akos RegerThe England and Wales Court of Appeal has overturned the Decision of the United Kingdom Competition Appeals Tribunal (CAT) in the collective proceedings Walter Merricks v MasterCard, where...
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Brexit and State aid regulation – The question of scope
Totis KotsonisAt the time of writing, there is still a lot of uncertainty as regards the question of whether the United Kingdom will leave the European Union with an exit deal on 31 October 2019....
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‘Gun-jumping’ in voluntary merger regimes: The risks keeping global...
Chris BoydMuch has been written of the heightened risk of gun-jumping enforcement by competition regulators overseeing mandatory suspensory merger regimes. This article will examine why merger parties...
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UK Merger Control: An Expansive Approach to Jurisdiction
David RileyIn his letter to Government[1] from February this year, the Chairman of the UK Competition and Markets Authority (“CMA”) proposed the introduction of a mandatory and suspensory notification...
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UK Competition Appeal Tribunal Judgment: Pushing the Envelope on Abuse of...
UK Competition Appeal Tribunal Judgment: Pushing the Envelope on Abuse of Dominance The CAT’s Royal Mail v Ofcom judgment considers what constitutes abusive conduct, the “as-efficient competitor” test,...
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The Practical Antitrust Implications of Tomorrow: Brexit Day
As you are aware, the UK will be leaving the EU this Friday 31 January (Exit Day). The CMA has published guidance on how Brexit affects the CMA’s powers and processes for antitrust enforcement and...
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Squaring the circle: Level playing field provisions and the negotiation of a...
Whilst the EU-UK trade negotiations have barely commenced, one thing is already quite clear: the two sides are poles apart on the key issue of level playing field (LPF) provisions and the extent to...
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Authorities have to consider different types of evidence. The UK Court of...
Summary On 10 March 2020 the Court of Appeal upheld the Competition Appeal Tribunal’s (CAT) quashing of the Competition and Markets Authority’s (CMA) decision that Pfizer and Flynn Pharma (Flynn) had...
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Climate Change, Sustainability and Competition Law: Lessons From Covid 19
The Coronavirus crisis has shown how governments and competition authorities around the world have been able and willing to act in a crisis-and the UK government and the CMA have been no exception. If...
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Hinkley Point C: ECJ Confirms Commission’s Approval of Aid to Nuclear Energy...
Months before the prospective final Brexit, the ECJ laid what is in all likelihood the last State aid milestone on the UK’s path out of the European Union – at the same time, the ECJ’s judgment in the...
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EU Merger Control: Life without the UK – Brexit and Beyond
On 2 December 2020, the European Commission published a Notice to Stakeholders on Brexit and EU competition law.[1] It essentially reflects the UK position as set out in CMA guidance published on 1...
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European Merger Control Post-Brexit: New Year’s Resolutions
The December 24 announcement that the European Union (EU) and the United Kingdom (UK) had reached an agreement in principle on a new Trade and Cooperation Agreement (the TCA) was greeted with sighs of...
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Main Developments in Competition Law and Policy 2020: United Kingdom
The legal impact of exiting the European Union after 47 years of membership, a growing focus on digital markets, and increasingly robust enforcement by the Competition and Markets Authority (“CMA”) are...
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