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European Commission UK Competition Appeal Tribunal (CAT)

Morrison & Foerster LLP

Has the Gravy Train (or Truck) Been Derailed for Litigation Funders? UK Supreme Court Deals Blow to Litigation Funders

In the recent case of R (PACCAR Inc & ors.) v Competition Appeal Tribunal & ors [2023] UKSC 28, the UK Supreme Court found that litigation funding agreements (“LFAs”) involve the provision of “claim management services”,...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

Skadden, Arps, Slate, Meagher & Flom LLP

UK Competition Regulator Cannot Compel Foreign Companies To Respond to Information Requests

On February 8, 2023, the UK Competition Appeal Tribunal (CAT) and the High Court held in a joint ruling that the Competition and Markets Authority (CMA) does not have the power under section 26 of the Competition Act 1998...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

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

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

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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

Skadden, Arps, Slate, Meagher & Flom LLP

Merricks v Mastercard – UK Supreme Court Clarifies Low Bar for Class Action Certification

On 11 December 2020, the U.K. Supreme Court (the Court) handed down its much-awaited ruling in Merricks v Mastercard, dismissing Mastercard’s appeal against the English Court of Appeal’s April 2019 decision in a 3-2 ruling....more

Morrison & Foerster LLP

UK Opt-Out Class Actions – A New (Anti) Competitive Landscape

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On 11 December 2020, the UK Supreme Court handed down its highly anticipated judgment in the case of Mastercard v Merricks. The case concerned the certification procedure for US-style ‘opt-out’ collective (class action)...more

McDermott Will & Emery

Antitrust M&A Snapshot - August 2020

In the United States, despite requesting additional time to review pending mergers, the US antitrust agencies have continued their work through the COVID-19 pandemic. The Department of Justice (DOJ) and Federal Trade...more

McGuireWoods LLP

European Competition Law Newsletter – February 2020

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Brexit Has Happened: No Change for Now - The UK left the European Union (EU) on 31 January 2020. The transition period provided for in the withdrawal agreement between the EU and UK is now in effect and will run, unless...more

McGuireWoods LLP

European Competition Law Newsletter – August 2019

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European Commission Finds Predatory Pricing of Chipsets - For the first time in 16 years, the European Commission has imposed a fine for what the Commission found was an abuse of dominance by predatory pricing. Any company...more

McGuireWoods LLP

European Competition Law Newsletter – November 2018

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First UK Award of Follow-On Cartel Damages - On 9 October 2018, a UK court awarded damages in a follow-on private cartel damages claim. This is the first such award by a UK court and a major development in private...more

Skadden, Arps, Slate, Meagher & Flom LLP

New Era of Collective Actions in Europe?

Despite 20 years of robust legislative activity in the field of consumer protection and the 2013 European Commission recommendation on collective redress mechanisms, a harmonized approach to collective redress such as group...more

Jones Day

UK Competition Appeal Tribunal Overturns Abuse of Dominance Fines on Pharmaceutical Companies

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The UK's Competition Appeal Tribunal (the "CAT") has overturned a finding of abuse of dominance against Pfizer Inc. and Flynn Pharma Ltd. The ruling followed appeals by those companies against a 2016 Competition & Markets...more

McGuireWoods LLP

European Competition Law Newsletter – November 2017

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Risks of Information-Sharing at a Single Meeting - On 6 October 2017, the UK Competition Appeal Tribunal (CAT) provided a reminder that competing companies risk infringing competition law if they exchange commercially...more

McGuireWoods LLP

European Competition Law Newsletter – July 2017

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More EU Investigations Into Licensing and Distribution Practices - During June 2017, the European Commission launched yet more competition law investigations into licensing and distribution practices in the EU. The four...more

McGuireWoods LLP

European Competition Law Newsletter – November 2016

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Watch the Treatment of Switzerland in Distribution Agreements - On 29 September 2016, the Swiss Federal Administrative Court (FAC) handed down a judgment impacting any distribution agreement which could touch...more

McGuireWoods LLP

UK Antitrust Class Actions Start to Get Going

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Brussels Antitrust/Competition partner (and English lawyer) Matthew Hall brings us an update on antitrust class actions filed under new procedures in the UK. Antitrust class actions in the UK are beginning to take hold...more

McGuireWoods LLP

European Competition Law Newsletter – October 2016

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Stand-Alone Refusal to Supply Claim Launched in UK Court - Competition law litigation continues to develop rapidly in the UK. Companies should be aware that this can be a useful commercial weapon against competitors...more

McGuireWoods LLP

European Competition Law Newsletter – July 2016

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Brexit and Competition Law - Competition law in the UK will be impacted by Brexit. There are steps which we recommend companies take now. Yet Another UK Case on Online Sales Restrictions - Another UK...more

Cooley LLP

Alert: UK Competition Law after Brexit

Cooley LLP on

On 23 June, the British electorate voted by roughly 52% to 48% to leave the European Union (EU) (an outcome almost universally referred to as ‘Brexit'). While the referendum was purely advisory, and so had no formal legal...more

BCLP

EU & Competition Law Update – May 2016

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The beginning of the end for national TV boundaries? On 22 April 2016, the European Commission ("EC") invited industry comment on the commitments proposed by Paramount Pictures International Limited ("Paramount") in...more

McGuireWoods LLP

European Competition Law Newsletter – May 2016

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Third UK Fast-Track Claim Shows Rapid Development of Competition Law Private Claims as a Business Tool - On 12 April 2016, the UK Competition Appeal Tribunal (CAT) listed (see here) its third fast-track competition law...more

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