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EU and UK Sanctions Update: April 2017

There have been a number of key developments in the European Union (“EU”) and United Kingdom (“UK”) sanctions regimes in relation to North Korea, Russia, Syria and other jurisdictions since our last update. North Korea...more

EU Commissioner Warns Companies of Potentially Unlawful Use of Pricing Algorithms

On 16 March 2017, EU Competition Commissioner Margrethe Vestager gave a speech on algorithms and competition at the Bundeskartellamt's 18th Conference on Competition in Berlin, during which she discussed the potentially...more

Competition Law Threat to Active Fund Managers

SCM Direct ("SCM"), an investment manager based in the UK, has recently called for the Competition and Markets Authority ("CMA") and Financial Conduct Authority ("FCA") to investigate actively managed funds sector for alleged...more

Mastercard Win Over Retailers for “Interchange Fees”

Mastercard has won a victory against a group of UK retailers, including Morrisons, who had brought proceedings against it for damages for breaches of European Union and United Kingdom competition law. The claimant retailers...more

2/22/2017  /  Competition , MasterCard , Retailers , UK

Competition and Markets Authority Opens Investigation into Auction Service Providers

On 22 November 2016, the Competition and Markets Authority (“CMA”) announced that it had opened a formal investigation into suspected anti-competitive practices in relation to the supply of auction services in the UK. In...more

EU and UK Sanctions Update: November 2016

There have been a number of key developments in the European Union (“EU”) and United Kingdom (“UK”) sanctions regimes in relation to Russia, Syria, Iraq and numerous other jurisdictions, since our last update in July...more

All Foreign Takeovers of UK Companies to be Reviewed Following Brexit?

Recent statements by Theresa May and her staff uncover the first potential significant change to UK competition law as a result of Brexit. A Downing Street spokesperson has indicated that all “foreign takeovers” of UK...more

CJEU Sends a Reminder to Parent Companies as regards the Imposition of Liability for their Subsidiaries’ Involvement in a Cartel

On 16 June 2016, the Court of Justice of the EU (“CJEU”) dismissed appeals against the General Court’s (“GC”) rulings on the calcium carbide cartel. The GC had upheld the European Commission’s (“Commission”) EUR 61 million...more

BREXIT: Stay Calm - Effects on Antitrust Expected to be Limited

Should the UK leave the EU, the way how antitrust rules apply to companies based in and doing business in the EU and in the UK is unlikely to change significantly in the short or medium term. Notably, UK domestic...more

CJEU Reaffirms Independence of EU and Member States Leniency Programs

The Court of Justice of the EU (“CJEU”) recently issued a seminal preliminary ruling on the relationship between EU leniency programs and the leniency programs of Member States. The CJEU reaffirms that EU and Member State...more

Property Developer attacks Restrictive Covenant before the Competition Appeal Tribunal

A property developer, High Peak Developments, is alleging that a restrictive covenant affecting the land surrounding a Tesco superstore is anti-competitive. High Peak has brought a damages claim under the new fast-track...more

Are You Ready to Implement the New EU Rules on Alternative Dispute Resolution?

On 15 February 2016, the European Commission’s new online dispute resolution (“ODR”) platform for consumer disputes with traders will go live. From this date, all online traders and online marketplaces established in the EU...more

CJEU Sends Clear Warning to “Cartel Facilitators”

On 22 October 2015, the Court of Justice of the EU (“CJEU”) handed down a seminal judgment holding for the first time that companies facilitating the implementation of a cartel can be sanctioned under EU competition law....more

The Beginning of US Style Class Actions in the UK? The Risks Associated with Past and Future Anti-Competitive Behaviour Just...

On 1 October 2015 the UK introduced a new class action regime for breaches of competition law (specifically cartel conduct or abuse of dominant position) permitting collective proceedings for damages claims which will be...more

ECJ Interprets Rules of Jurisdiction for Cartel Damages Claims

The European Court of Justice (“ECJ”) has recently handed down a landmark judgment in the Hydrogen Peroxide case, confirming that cartel victims may jointly sue cartelists for damages in an EU Member State where only one of...more

The Court of Justice of the European Union Confirms the Commission’s Long Arm in Fighting International Cartels

In a landmark victory for the European Commission (Commission) before the Court of Justice of the European Union (CJEU) on 9 July 2015, the Court upheld the EUR 288 million fine imposed on a Taiwanese producer of liquid...more

Government Study Shows Increased Need for Competition Compliance Especially By SMEs

On 27 May 2015 the Competition and Markets Authority (“CMA”) published the findings of a research study examining competition law awareness among businesses in the UK. The research reveals that although most businesses...more

E-commerce Companies Face EU Competition Scrutiny

On 26 March 2015, the European Commission announced its proposal to launch an inquiry into the EU e-commerce sector, one that could have far-reaching implications for any business with an online presence in Europe. What is...more

Significant Changes to UK Consumer Law

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”) come into force on 13 June 2014 and form the final stage of the UK’s implementation of the European Union...more

6/10/2014  /  Digital Goods , E-Commerce , Retailers , UK

MOFCOM Strengthens Merger Control Law Enforcement

On March 20, 2014, the Ministry of Commerce of the People’s Republic of China (“MOFCOM”) issued a press release announcing that, as of May 1, 2014, MOFCOM will make public on its website all decisions resulting in a finding...more

Airport abuses dominant position through coach operator concession

On 28 January 2014 the High Court (‘the Court’) in London found that London Luton Airport Operations Ltd (‘LLAO’) had abused its dominant position contrary to UK competition law by entering into an exclusive concession...more

European Authorities Crack Down on Price Signalling

EU and national competition law authorities have recently shown an increased interest in the anticompetitive effects of public announcements relating to future prices and strategic plans. The Netherlands Authority for...more

1/17/2014  /  EU , Price-Fixing

Competition Commission stops short of requiring Mandatory Rotation of Auditors

As part of its ongoing investigation into the UK audit services market, the Competition Commission ("CC") has provisionally decided on a package of remedies that will require FTSE 350 companies to put auditing contracts out...more

The European Commission's first pay-for-delay anti-trust infringement decision

In June 2013, two important decisions regarding 'pay-for-delay' arrangements in the pharmaceuticals industry were made in the EU and US. Generally speaking, 'pay-for-delay' or 'reverse-payment settlements' involve a type of...more

Emerging Policies in China’s Merger Control Process: MOFCOM’S Continued Focus on Far-Reaching Conditions

I. Introduction - In April 2013, two keenly awaited MOFCOM merger decisions illustrated China’s continued focus on utilising far-reaching behavioural conditions, especially in commodity transactions, which aim to...more

6/14/2013  /  China , Commodities , EU , MOFCOM , Transparency
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