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Greater National Security Scrutiny At The Heart Of New UK Merger Control Reforms

This week the UK Government enacted two new orders which change the UK merger control thresholds under the Enterprise Act 2002. The legislation extends the jurisdiction of the Competition & Markets Authority (“CMA”) and the...more

Commission imposes upon Dutch Cable & Telco company Altice a record fine of €125 million for gun jumping under the EU Merger...

On 24th April 2018 the European Commission announced that it had imposed a fine of €124.5 million on Altice, the multinational cable and telecommunications company based in the Netherlands, for implementing its acquisition...more

EU Competition Newsletter - April 2018

Lights Back On: Territorial Limits in EU Cartel Damages Claims - The Court of Appeal has ruled that iiyama's 1bn EUR cartel damages claims, against the participants of the cathode ray tube ("CRT") market and liquid...more

Expansion of digital markets and restrictions

The European Commission has been closely following the developments in e-commerce. As more and more goods and services are sold online, the Commission finds itself inevitably drawn into regulating the competition rules in...more

Flux Capacitors – EU Commission fines cartel €254m

In February we reported on how a member of a maritime carrier cartel had saved itself a €200m fine under the EU’s leniency procedure. Showing the continued and valuable use of the leniency procedure, on 21 March 2018 it was...more

EU Competition Newsletter - March 2018

Early attention to the antitrust considerations of a given transaction can go a long way towards promoting the chances of timely or even early clearance of a transaction. As an initial matter, parties should focus their...more

Contracting Authorities Face Uphill Task In Lifting Automatic Suspension in Procurement Disputes

The Supreme Court decided last year in Nuclear Decommissioning Agency v Energy Solutions EU Ltd [2017] UKSC 34 (“the NDA case”) that a claimant no longer had an automatic right to damages for a breach of the public...more

EU & Competition Law Update - February 2018

Does the EU’s Qualcomm fine represent efficient justice? As widely reported, on 24 January 2018, the EU Commission fined Qualcomm €997m for abusing its dominant position in LTE baseband chipsets....more

Resale Price Maintenance and Restrictions on Online Selling Still Dominate CMA Concerns

The Competition and Markets Authority (CMA), the principal UK competition regulator, maintains a register of competition law advisory and warning letters it sends to businesses it believes could be breaching competition law....more

“Constitutionally Unacceptable” EU Withdrawal Bill faces heavy attack in House Of Lords

The EU Withdrawal Bill is probably one of the most controversial and important constitutional UK Parliamentary Bills of modern times. This is the Bill that will pave the way for the UK to leave the European Union and...more

EU Court clarifies the scope of gun jumping under EU Law

One of the key concerns of merging parties in any transaction is the steps they are allowed to take prior to the clearance of the merger. A recent case before the Court of Justice of the European Union (Case C-633/16 Ernst &...more

EU & Competition Law Update - January 2018

When is pricing discriminatory? We reported in January 2017 on how a Portuguese Court had asked the Court of Justice of the European Union (“CJEU”) to provide guidance on when “discriminatory pricing applied to equivalent...more

Why Brexit Could Limit Damages in Procurement Challenges

A recent public procurement decision of the European Free Trade Association (EFTA) Court highlights the possibility that aggrieved suppliers in public procurement cases in the UK run the risk of losing their future rights to...more

When is pricing discriminatory?

We reported in January 2017 on how a Portuguese Court has asked the Court of Justice of the European Union (“CJEU”) to provide guidance on when “discriminatory pricing applied to equivalent transactions” amounts to an abuse...more

German regulator alleges abuse of dominance by Facebook over data usage policies

On 19 December 2017, the German Federal Cartel Office (FCO), issued a press release alleging that Facebook had abused its dominant position on the market for social networks in Germany. It specifically alleges that it...more

EU & Competition Law Update – December 2017

European Court of Justice questions validity of commitments procedure under EU competition law - On 23 November 2017, the Court of Justice of the European Union (CJEU) surprised many competition law commentators, when it...more

Does Coty really mean that I can ban sales through online marketplaces?

In what is being hailed as landmark case in distribution law, the Court of Justice of the European Union (the ‘CJEU’) on 6 December 2017 gave a judgment confirming that luxury goods suppliers can ban sales through online...more

EU Opens Investigation Into UK Tax Scheme for Multinationals

The EU State aid rules are designed to stop Governments and local authorities giving companies a selective advantage, as doing so would create an unequal playing field. Say for example, a competitor in one country was given a...more

EU & Competition Law Update – November 2017

EU opens investigation into UK tax scheme for multinationals - The EU State aid rules are designed to stop Governments and local authorities giving companies a selective advantage, as doing so would create an unequal...more

Hotel comparison websites under investigation

On 27 October 2017, the UK’s Competition and Markets Authority (CMA) announced that it had launched investigations into several hotel booking websites on the grounds that they were potentially misleading consumers....more

When Is a Private Company Considered a Public Body and Subject to the EU Procurement Rules?

The case itself is a judgement of 5 October 2017, following a request for a preliminary ruling from a regional court in Lithuania to the ECJ. The question submitted was essentially should a private company established by the...more

EU & Competition Law Update – October 2017

When is a private company considered a public body and subject to the EU procurement rules? A recent European Court of Justice (“ECJ”) case has thrown up a novel legal issue which will be of interest to all public...more

EU Retail News - September 2017

UK Competition Authority Warns Creative Sector About Price Fixing and Information Sharing - On 12th September 2017 the UK Competition Authority,the Competition and Markets Authority ("CMA") sent an open letter to...more

UK Competition Regulator investigates home insurance price comparison website for “stifling competition” through use of Most...

The CMA ,the UK’s main competition regulator, launched an investigation on 26th September 2017 into home insurance price comparison website, compare the market.com, over its use of most favoured nation clauses and whether...more

CMA’s new guidelines give clarity for smaller and non-overlapping mergers

On 5 September 2017, the CMA released new guidance regarding its Mergers Intelligence Function and the informal guidance it can give parties who are considering whether to submit their merger for formal deliberation by the...more

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