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EU & Competition Law Update – June 2017

Hope for a Cleaner Brexit After ECJ Ruling - In a ruling which is likely to have positive implications for a possible Brexit deal, the European Court of Justice (ECJ) on 16 May 2017 opened up the ability of the EU...more

Political Uncertainty Hangs Over the Brexit Negotiations After Inconclusive UK General Election

You couldn’t really make it up! First there was the surprise result in the Brexit referendum last year. Then it was the unexpected Trump victory in the US Presidential election....more

EU financial regulator issues aggressive opinion on “passporting” issues post Brexit

The European Securities and Markets Authority (ESMA), issued an aggressive Opinion on the 31 May 2017, aimed at dashing the hopes of letterbox subsidiaries in the EU. The Opinion also sought to govern growing competition...more

CMA bids to end online exclusionary practices as auction house offers commitments

On 30 May 2017, the Competition and Markets Authority (CMA) announced that it was consulting on proposals from an online bidding platform to change its terms, following concerns from the CMA that the platform was engaged in...more

Hope for a cleaner Brexit after ECJ ruling

In a ruling which is likely to have positive implications for a possible Brexit deal, the European Court of Justice (ECJ) on the 16 May 2017 opened up the ability of the EU institutions to negotiate free trade agreements...more

EU Competition Newsletter - May 2017

We have followed over the last years Europe grappling with the issue of most favoured nation clauses and hotel booking. Our last update regarded a joint monitoring project between the CMA and the European Commission, designed...more

British Prime Minister calls snap election to resolve Brexit divisions

This morning the British Prime Minister, Theresa May, called a snap general election for the Thursday 8th June 2017. Under current UK legislation, general elections are held every five years with the next one scheduled...more

4/18/2017  /  General Electric , Theresa May , UK , UK Brexit

EU Competition Newsletter - April 2017

The Brexit referendum result in June last year created many uncertainties for the British economy and continues to do so. In this Breakfast Seminar, Robert Bell will focus his remarks on what he sees will be the likely...more

EU Competition Newsletter - March 2017

What Future for EU Public Procurement Law in the UK After Brexit? Those aficionados of the silver screen will remember comedians Laurel and Hardy and in particular their catchphrase 'Well here's another nice mess you've...more

UK Government fires starting gun on EU Divorce

On 29th March 2017 the UK Government gave notice to Donald Tusk President of the European Council under Article 50 of its intention to withdraw from the European Union. This will begin a two year negotiation procedure...more

Retailers - can you be liable for cartel behaviour for using pricing software and algorithms?

A key issue regulators are grappling with is what antitrust liability can attach to retailers who use price matching software or other algorithms to match competitors’ online prices? In a speech made on 16 March 2017,...more

Distribution Problems for US Companies in Europe and How To Avoid Them

Many US (and EU) companies operate in Europe with pricing and distribution policies which may breach EU competition rules. EU regulators are taking an increasingly tough line on pricing and online market place access. Robert...more

Claimants' Guide to Antitrust Competition Litigation in EU

Recent years have seen a significant increase in the number of private competition claims in the European Union. The Claimants' guide to Antitrust/Competition Litigation in the European Union provides an overview of the...more

EU Competition Newsletter – February 2017

Portugal Asks European Court to Determine the Criteria Required for Discriminatory Pricing to Be an Abuse Under Article 102 of the Treaty on the Functioning of the European Union - Portuguese Court has asked the...more

UK begins to Reshape its World Trading Relationships following Brexit with Parliamentary Inquiry into Potential US/UK Trade Deal

One of the advantages of Brexit is that the UK will be free to agree its own trade deals with the rest of the world for the first time in nearly 50 years. However, until the UK formally leaves the European Union the EU...more

2/13/2017  /  EU , ITC , Popular , Trade Agreements , UK , UK Brexit

EU Commission Gets Serious About Geo-Blocking

On 2 February 2017, the EU Commission simultaneously launched three investigations into the e-commerce sector. What is significant about this latest development is that it shows that e-commerce is a clear priority area in...more

Reverse Cross Border Merger Could Become Popular as UK Companies Restructure in Advance of Brexit

Reverse cross border mergers could become a popular device for UK companies seeking to maintain and preserve “passporting” or other EU rights. The mechanism of a reverse cross-border merger (in this context whereby a UK...more

BMW reverses its policy on internet selling restrictions for dealers following CMA action

In 2016, Carwow a new car portal, which introduces customers to dealers for the purchase of cars, complained to the Competition and Markets Authority (“CMA”) that BMW UK was prohibiting its dealers from listing their new BMW...more

January EU Competition Newsletter

Digital and Pharma Merger Cases Raise Worry of Enforcement Gap in EU Merger Control - On 7 October 2016, the EU Commission launched a public consultation ("the Consultation") on the functioning of certain procedural and...more

UK Supreme Court declares Government must pass Act of Parliament to trigger the process of leaving the European Union

The UK Supreme Court (the “Court”) in its most important and far reaching judgment to date decided that the UK Government has to seek the approval of the UK Parliament before issuing an Article 50 notice to begin the process...more

Portugal asks European Court to determine what criteria are required for discriminatory pricing to be an abuse under Article 102...

A Portuguese Court has asked the European Court of Justice (ECJ) to provide guidance on when “discriminatory pricing applied to equivalent transactions” amounts to an abuse of a dominant positon under Article 102 (c)...more

UK to leave EU Single Market!

On 17 January 2017, the UK Prime Minister, Theresa May, gave a historic speech regarding Brexit and the UK’s negotiating position. For the first time since the Brexit vote in June 2016, the UK Government has officially...more

Financial Conduct Authority probes competition in the mortgage sector

On 12th December 2016 the Financial Conduct Authority (the “FCA”) launched a market study into the residential mortgage market to ascertain whether competition in that market is working as well as it could and to identify...more

EU Competition Newsletter - December 2016

Single Market Withdrawal: A New Challenge to Brexit for the UK Government - Should Parliament have a say over whether Britain could remain in the European Economic Area?...more

EU Retail News - December 2016

In 2010, two business school graduates launched Birchbox; a monthly subscription service to a box filled with sample-sized beauty products from over 309 brands. Birchbox has solved one of the most significant barriers to...more

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