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European Commission Turns Focus to Competition in Labour Markets, Targeting Wage-Fixing and No-Poach Agreements

As a new policy statement from the European Commission (EC) treats wage-fixing and no-poach agreements as inherently anticompetitive (restriction of competition “by object”) with few possible defences, companies should...more

UK Revamps Merger Control, Expanding CMA’s Jurisdiction and Making Procedures More Flexible

The United Kingdom’s Digital Markets, Competition and Consumers Act (the Act) received royal assent on 24 May 2024. The Act introduces wide-ranging amendments to the UK competition and consumer law regimes that expand the...more

UK Court Confirms No Higher Bar Applies for Domestic Search Warrants

Dawn raids, or unannounced inspections, are possible at both business locations and homes. In response to the increase in remote work and electronic communication in recent years, competition authorities are making more use...more

New EU Competitors Cooperation Framework: Stricter on Information Exchange, Broader on Joint Sustainability Agreements

On June 1, 2023, the European Commission (EC) adopted a revised legal framework that block-exempts research and development (R&D) and specialisation agreements between competitors from the prohibition of anticompetitive...more

European Commission Clarifies Effect-Based Enforcement of Exclusionary Conduct by Dominant Companies

In the European Commission’s (EC’s) most significant policy shift on abuse of market dominance in 15 years, the authority published revised guidelines, heralding a shift away from the more economics-led approach that the...more

Supporting Net Zero: UK CMA Consults on Draft Sustainability Guidance

On February 28, 2023, the UK Competition and Markets Authority (CMA) issued for consultation its long-awaited draft guidance on environmental sustainability agreements (Draft Guidance). The CMA first foreshadowed the...more

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

UK Supreme Court Eases Burden on Antitrust Defendants Pleading a Pass-On Mitigation Defence

Defendants in competition damages actions often argue that claimants mitigated any loss in competition damages claims by passing on any allegedly unlawful price increase to their customers. In Sainsbury’s v. Mastercard [2020]...more

Merricks v Mastercard: UK Class Actions Back Under the Spotlight

The English Courts have reignited the prospects of a £14 billion class action against Mastercard. In a much anticipated ruling, on 16 April 2019, the Court of Appeal of England and Wales (the Court) granted an appeal by...more

Planning for Merger Reviews and Antitrust Inquiries in Case of a 'No-Deal' Brexit

As the U.K.’s March 29, 2019, exit date from the European Union approaches, companies involved in merger reviews or antitrust investigations should pre-emptively address the risk of a “no-deal” Brexit....more

EU General Court Dismisses Parallel Trade Group’s Dual-Pricing Complaint Against GSK

On September 26, 2018, the EU General Court (the Court) upheld the European Commission’s refusal to reinvestigate GlaxoSmithKline SA’s (GSK) Spanish “dual-pricing” distribution arrangements, 20 years after the alleged conduct...more

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