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Competition UK Competition Appeal Tribunal (CAT)

Sheppard Mullin Richter & Hampton LLP

Maturing UK Competition Appeal Tribunal Collective Proceedings Process Sees Uptick in Cases

The United Kingdom remains a key European jurisdiction for competition damages actions, also in a post-Brexit world. In particular the number of collective proceedings for competition damages has significantly increased. This...more

McGuireWoods LLP

European Competition Law Newsletter – June 2024

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UK Digital Markets, Competition and Consumers Act 2024 Makes Significant Changes to Competition and Consumer Protection Law - On 24 May 2024, the UK Digital Markets, Competition and Consumers Act 2024 (DMCC Act) became...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Court of Appeal Signals Greater Scrutiny of CMA Merger Decisions

For the first time in two decades, the UK Court of Appeal has ruled on the substantive standard of judicial review to be applied by the Competition Appeal Tribunal (CAT or Tribunal) in UK merger cases....more

White & Case LLP

CMA v CAT: High Court supports home search warrants in cartel cases

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On 22 April 2024, the UK High Court handed down its judgment that the Competition Appeal Tribunal had erred in law when it previously refused to grant the Competition & Markets Authority a warrant to search a domestic...more

Mayer Brown

English High Court Sets Aside Fundamental Rights to Support CMA Raids of Private Residential Premises | Consequences for...

Mayer Brown on

The English High Court has issued a landmark judgment confirming the ability of the UK Competition and Markets Authority ("CMA") to conduct raids of private residential premises when investigating suspected cartels....more

Hogan Lovells

Home truths: UK CMA wins in dispute over searches of domestic premises

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The UK High Court has ruled against the Competition Appeal Tribunal (“CAT”) in a case about the power of the Competition and Markets Authority (“CMA”) to search domestic premises when investigating suspected anti-competitive...more

Morgan Lewis

Collective Proceedings: Who Gets Carriage? UK Competition Appeal Tribunal Decides

Morgan Lewis on

The UK Competition Appeal Tribunal (CAT) recently issued its first-ever precertification ruling addressing a “carriage dispute” in the cases Hunter v. Amazon.com and Hammond v. Amazon.com. A carriage dispute arises where...more

Skadden, Arps, Slate, Meagher & Flom LLP

Fierce Competition Podcast | Letter From London: The Rise of UK Class Actions and the Competition Appeal Tribunal

This episode of our “Fierce Competition“ podcast looks at trends across the pond in class actions in the U.K. and focuses on the country’s new tribunal that was created specifically to hear class actions....more

BCLP

Unsettled Settlement: Resolving Collective Actions in the Competition Appeal Tribunal

BCLP on

Generally, claims in the UK (including class actions) can be settled without court approval. Settlement is particularly important in competition damages claims, given the complexity, uncertainty and cost of litigating these...more

McGuireWoods LLP

European Competition Law Newsletter – October 2023

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EU General Court Confirms Geo-Blocking Illegally Partitions the Single Market - On 27 September 2023, the EU’s second highest court, General Court or GC, upheld a 2021 European Commission decision that geo-blocking...more

Faegre Drinker Biddle & Reath LLP

Evans v Barclays: Further Developments in Opt-Out Collective Actions in England & Wales

Recently the English Court of Appeal (CoA) in Evans v Barclays & Ors1 overturned a decision of the Competition Appeal Tribunal (CAT), allowing a follow-on damages claim against various international banks to proceed on an...more

BCLP

Certification of Collective Actions in the CAT

BCLP on

To bring a collective competition action in the Competition Appeal Tribunal (“CAT”), a proposed class representative first has to have their claim certified by the CAT. The CAT’s approach to certification is therefore an...more

TransPerfect Legal

Digital Tough Love

TransPerfect Legal on

In the run-up to the TLS in-person event (The Future of EU & UK Competition Regulation), there was heightened chatter about the long-anticipated yet unreleased Digital Markets, Competition, and Consumers (DMCC) Bill. A mere...more

BCLP

Mastercard overcharge counterfactual declined - Tribunal rules in Merricks class action

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The Competition Appeal Tribunal has handed down a judgment determining several preliminary issues in the £17 billion collective action brought against Mastercard in relation to anti-competitive multilateral interchange fees,...more

Cooley LLP

The CAT and the Meerkat: A Tale of Most Favoured Nation Clauses

Cooley LLP on

On 8 August 2022, the UK’s Competition Appeal Tribunal (CAT) unanimously set aside a £17.9 million fine imposed on the Compare The Market website (CTM) by the Competition and Markets Authority (CMA). The CAT held that the CMA...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Class Actions: FX Decision Shows That the CAT Is Willing To Strike Out Poorly Pleaded Claims and Deny Opt-Out Certification

The CAT is willing to consider strike-out seriously at the certification stage. The CAT considered striking out the claims of its own motion, and warned the proposed class representatives that they should consider...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Revamps Antitrust Rules With Broader Jurisdictional Reach, Tougher Penalties and More Flexible Procedure for Merger Control

On April 20, 2022, the U.K. government announced amendments to the U.K. competition and consumer law regimes....more

Skadden, Arps, Slate, Meagher & Flom LLP

CMA Announces Fine for Breaching an Order To Hold Separate an Acquisition Target

The UK’s Competition and Markets Authority (CMA) fined Facebook £50.5 million for breaching an order to hold separate its acquisition target, Giphy, pending the CMA’s review of the merger....more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Class Actions Update: Merricks Secures Uncontested CPO, But the Competition Appeal Tribunal Shows It Retains Significant Teeth...

After protracted challenges to class certification status, in Merricks v Mastercard the U.K. Competition Appeal Tribunal (CAT) granted its first collective proceedings order (CPO). The claim remains huge, comprising 46.2...more

Akin Gump Strauss Hauer & Feld LLP

Merricks v Mastercard: U.K. Competition Appeal Tribunal Gives Green Light for First Ever ‘Opt-out’ Class Action

Key Takeaways - The United Kingdom’s Competition Appeal Tribunal (CAT) recently granted the U.K.’s first ever Collective Proceeding Order (CPO), on an “opt-out” basis, in Walter Hugh Merricks CBE v Mastercard Incorporated &...more

A&O Shearman

Major reforms proposed for UK competition and consumer regimes, including digital

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In a move aimed at driving growth and delivering competitive markets that work for consumers, the UK government has published two consultations on proposals for reform of the UK competition and consumer rules. ...more

Hogan Lovells

Proposed UK competition law reforms – ‘he ain’t heavy, he’s my micro-economic sibling’

Hogan Lovells on

In what could herald the most significant changes to the UK competition regime in 25 years, the UK Government has announced a series of proposed reforms to UK competition law enforcement. The stated aims of the reforms are...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Antitrust Shakeup Would Increase Merger Scrutiny, Broaden Investigative Powers and Create New Oversight of Big Tech

The U.K. government is consulting on far-reaching reforms to U.K. competition and consumer laws, which would substantially expand the powers of the Competition and Markets Authority (CMA) and reduce procedural protections....more

Akin Gump Strauss Hauer & Feld LLP

The UK’s New Subsidy Regime: Not a Return to the 1970s and the Government Picking Winners?

The UK government introduced into Parliament a wholesale change to its State aid rules under the new Subsidy Control Bill on 30 June 2021 (the “Bill”). The regime, which is set to come into effect in H1 2022, subject to...more

McGuireWoods LLP

European Competition Law Newsletter – July 2021

McGuireWoods LLP on

Check Merger Control Filing Obligations Worldwide: Austria Fines Facebook - The scope and complexity of merger control filing requirements worldwide continue to increase. It is essential to carry out a full review for any...more

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