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UK Competition Authority Secures Disqualification of Director for Five Years

On 1 December 2016, the Competition and Markets Authority (CMA) announced that it had secured its first disqualification of a director of a company found to have infringed competition law. Background - Daniel...more

Directors’ Duties in the UK (England and Wales)

A director who breaches the obligations and duties imposed on him by his office may be liable to compensate the company for breach of duty, may incur personal liability for the company’s debts, may also face criminal or civil...more

European Commission gives preliminary views on competition issues in e-commerce

On 15 September the European Commission published its Preliminary Report on the E-commerce Sector Inquiry. The Commission has conducted a wide ranging survey of manufacturers, distributors and retailers, price comparison...more

Mixed Blessings – Sainsbury’s Supermarkets Ltd v MasterCard Incorporated and others [2016] CAT 11

This case is very important in that it is one of the first judgments where damages have been awarded for breach of competition rules in UK. It relates to MasterCard’s alleged anticompetitive card fees (credit and debit...more

Mobilising competition class actions in the UK

On 25 May 2016, the National Pensioners Convention (NPC) issued formal proceedings at the Competition Appeals Tribunal (CAT) in London against Pride Mobility Products (Pride) on the grounds of anticompetitive conduct. This is...more

European Commission moves to restrict geoblocking

On 25 May 2016 the European Commission published draft legislation aimed at restricting the use of geoblocking and similar practices by websites selling to into the European Union. The European Commission has published a...more

European Commission Publishes E-commerce Geo-Blocking Inquiry Findings

The European Commission (the executive of the EU) recently published the initial findings of its e-commerce inquiry, an investigative process conducted to determine whether and to what extent competition is being restricted...more

Energy & commodities: portfolio acquisitions

There have been a number of trading portfolios acquired and disposed of in the commodities trading sector in the last 18 to 24 months (commodities acquisition(s)). This activity has been due to a number of factors, such as...more

Retail closer than ever to competition authorities’ hearts

Following a number of European Commission sector inquiries (which included investigations into the energy, financial services and pharmaceuticals sectors), the competition authorities at both European and national levels have...more

What discount structures can a dominant firm use? European Court supplies further guidance

The European Court has given further guidance on how to assess the legality of rebates and discounts offered by dominant firms in a case concerning rebates practised by Post Danmark, which at the relevant time enjoyed a...more

Increased regulatory activity on the horizon as the FCA acquires new competition powers

As of 1 April 2015, the Financial Conduct Authority (FCA) has acquired new functions and powers in relation to competition. The FCA’s new powers include...more

4/2/2015

UK Competition Authority acted irrationally in hotel room on-line pricing case

A decision by the UK’s former competition authority, the Office of Fair Trading (OFT – now replaced by the Competition and Markets Authority (CMA)) to accept commitments to settle its investigation into on-line prices for...more

Anti-trust Liability: Lessons from Goldman Sachs

In April we witnessed The European Commission impose a fine of €37.3 million directly on Goldman Sachs, holding the investor partly responsible for participation by its former portfolio company, Prysmian, in a cartel it ran...more

6/6/2014

EU nears finalisation of new law to promote anti-trust claims

Member States’ ambassadors to the EU, known as the Committee of Permanent Representatives, have endorsed the agreement between the Council Presidency and representatives of the European Parliament on a proposed new EU...more

4/4/2014  /  Competition , EU , EU Directive , Infringement

EU Commission to investigate cross-border pay-TV movie services – a new Murphy’s law?

Executive summary - The European Commission has commenced antitrust proceedings against several prominent European pay-TV service providers and major U.S. film studios including Sony Pictures Entertainment,...more

UK Authorities Set to Exercise New Powers to Compel Witnesses

The UK’s new competition body, the Competition and Markets Authority (CMA), was officially launched on 1 October 2013. It will acquire most of its substantive powers in April 2014, when it will officially replace the Office...more

American Airlines & US Airways Merger – Opposite positions taken by US and EU competition authorities

Whereas the European Commission has cleared under the EU Merger Regulations the proposed merger between US Airways Group and AMR Corporation, including its main subsidiary American Airlines, on 5 August 2013, the U.S....more

UK Regulator Ready to Settle in Online Hotel Room Price Fixing Probe

The UK Office of Fair Trading (OFT) has announced that it intends to accept commitments from Booking.com, Expedia, InterContinetal Hotels and others, and to close its investigation into online hotel room price fixing without...more

Business Across Borders - Smoothing the path: the challenges of operating internationally

The third in our Business Across Borders report series, written by The Economist Intelligence Unit, and launched today, delves into the challenges faced by companies doing business across markets. The report and video...more

Business Across Borders - Troubled waters: the risks of international commercial disputes

One of the perils of doing cross-border business is the possibility of being pulled into business-related legal wrangles. A recent global survey of executive carried out by The Economist Intelligence Unit (EIU) on behalf of...more

Business Across Borders - Licence to travel: how regulation is benefiting business abroad

Our Business Across Borders report series, written by The Economist Intelligence Unit, investigates the biggest issues facing global business. The first of five reports and video commentary, Licence to travel, examines...more

European Commission blocks Ryanair’s proposed takeover of Aer Lingus for second time

The European Commission has prohibited Ryanair’s proposed acquisition of Aer Lingus, finding the remedies proposed by Ryanair insufficient to alleviate the substantial concerns about the merger’s impact on the market and the...more

3/11/2013  /  EU , European Commission , Ryanair

€ 20M Euro fine for failing to notify JV shareholding change to EU merger authority

The General Court of the European Union (the "General Court") has upheld the substantial €20 million fine imposed by the European Commission (the "Commission") on Belgium's largest electricity supplier, Electrabel, for its...more

UK supermarkets to be subject to fines

The UK government has decided that the proposed Groceries Code Adjudicator ("Adjudicator") will have "more teeth" to protect suppliers from unfair practices by large supermarkets. The Adjudicator will be able to impose fines...more

12/12/2012  /  Competition , Compliance , Retail Market
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