The UK competition regime is somewhat unusual in operating a concurrent competition regime with a range of sector regulators. The UK’s seven sector regulators (covering communications and post, water, rail, gas and electricity, air traffic and airport operations, and healthcare) can launch competition related investigations if they have reasonable grounds to suspect an infringement of…

Private competition litigation is continuing to develop in the United Kingdom. The courts and the Competition Appeal Tribunal are seeing an increase in the number and complexity of follow-on damages actions, often between foreign claimants and/or defendants. In addition, an increasing number of “standalone” competition disputes between private parties are being brought in the courts,…

In competition investigations, competition authorities receive substantial amounts of confidential business information, some of which will be commercially very sensitive. This information may be used in economic modelling or otherwise be used by the authority to identify anti-competitive conduct, effects or market structures. Some information may be exculpatory. In a recent judgment (BMI Healthcare and…

On 9 August 2013, the OFT issued draft commitments in the Hotel Online Booking investigation.  The OFT has investigated the relevant markets for over 2 years and has provisionally found that certain hotels were restricting the ability of their distributors to offer consumers discounts on standard rates for hotel rooms.  The case raises interesting questions…

Pushing people around is the flavour of the month right now. Indeed, both companies and regulators seem to be going in for it. Take the music industry, for instance. The US entertainment giant AEG has just bought up the rights for the Wembley Arena, previously owned by that other humungous US impresario, Live Nation. AEG…

BIS Reform: Opt–out Collective Actions Regime On the 21st of January the Department for Business, Innovation and Skills (“BIS”) released the results of its consultation on competition law private litigation, confirming the introduction of a limited opt-out collective actions regime for consumer competition claims. The UK has traditionally opposed the introduction of an ‘opt out’…

On 21st December 2012, the Supreme Court granted permission to Morgan Crucible to appeal against the judgment of the Court of Appeal, delivered in July, concerning the time limits for bringing follow-on claims in the Competition Appeal Tribunal (CAT). Court of Appeal’s Judgment By its judgment the Court of Appeal shed light on the limitation…