In an earlier post, of 2 December 2014, in which I reviewed the Competition and Markets Authority’s (“CMA”) draft annual plan for 2015/2016, I observed that (as of that date) the CMA had not, since assuming the functions of the Office of Fair Trading and Competition Commission on 1 April 2014, opened a Phase II…

The High Court has recently provided guidance on the application of limitation periods in competition damages actions. In Arcadia v Visa, it ruled that a substantial part of the claimant’s claim, which dated back to 1977, should be struck out for having been brought too late, so reducing the claimed damages by around £500 million….

The Competition and Markets Authority (“CMA”) has recently published its draft Annual Plan for 2015/2016, its second year of operation after assuming the functions of the Competition Commission and the competition functions of the Office of Fair Trading (“OFT”) on 1 April 2014. Together with a Strategic Assessment of the risks that consumers and markets…

In March 2014, the Office of Fair Trading (“OFT”) announced that it had adopted a decision finding that a leading manufacturer of mobility scooters, Pride, had illegally prevented its dealers from advertising prices online, other than its recommended retail price (“RRP”). This followed an earlier decision, adopted in August 2013, finding a slightly different infringement…

Two unusual features of the United Kingdom’s merger control regime are that notification is voluntary and there is no ‘suspension’ obligation. This means that mergers can be – and routinely are – completed without notification to and/or approval by the Competition and Markets Authority (“CMA”). In this article, I examine the CMA’s use of its…

On 15 August 2014, the Competition and Markets Authority (“CMA”) approved Alliance Medical Group’s completed acquisition of IBA Molecular’s radioactive medical tracer business. Although IBA’s business was loss-making, would have exited the market and there was no other credible buyer for it, the CMA refused to apply the ‘failing firm’ (or ‘exiting firm’) defence, as…

Private damages litigation is an important complement to public enforcement of UK and EU competition law by the European Commission and national competition authorities (“NCAs”), such as the UK’s newly formed Competition and Markets Authority (“CMA”). Whilst there has been a noticeable increase in private litigation seen in the UK courts, whether ‘follow-on’ or ‘standalone…

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…

Much ink has been spilt following 2 Travel v. Cardiff Bus and Albion Water v. Dŵr Cymru Cyfyngedig on the subject of competition litigation in Europe.  An axiom with varying justification is that European competition litigation must not embrace exemplary damages.  This sits oddly with the decisions of the Competition Appeal Tribunal (CAT) to award…

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,…