In its recent draft annual plan, the Competition and Markets Authority (“CMA”) committed itself “to further step up the pace, scale and impact of our enforcement against anticompetitive or unfair practices.” It therefore intends to increase, to at least six, the number of new civil investigations it undertakes under Chapter I of the Competition Act…
In all competition investigations, it is inevitable that the parties under investigation, and often also third parties, will receive numerous information requests and demands to produce documents and provide information. Such requests may be either formal or informal in nature. These are often burdensome, requiring the provision of substantial information and documentation in a short…
Once upon a time, but not so long ago, a certain company received a request for information (“RFI”) from the European Commission (in the form of a binding decision). This RFI was nothing like any company had ever seen. It was 90 pages long, contained 11 sets of numerous detailed questions, and demanded a rapid…
The European Commission (or to be more precise, and to point the finger in the right direction, DG Competition) has sweeping powers of investigation in cases of suspected infringement. Indeed, it has even sought and obtained powers that it then seems reluctant to use, such as the right to enter private homes in search of…
Canada’s Commissioner of Competition is armed with a variety of compulsory powers that he can use in pursuing investigations. One such power is the ability, with the permission of a court, to subpoena documents and information under section 11 of the Canadian Competition Act. Of late, the Commissioner has been using such orders quite extensively,…
The Polish Competition Authority, which is the President of the Office of Competition and Consumer Protection (the “PCA”), has announced that, starting from 1 September 2015, it will be issuing statements of objections to undertakings and will set up an internal evaluation committee. These new tools are, in PCA’s own words, designed to “strengthen procedural…
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…
On 10 June 2014, the Polish Parliament adopted a significant set of amendments to the Polish Competition Law Act (the “Act”). Having received Presidential approval on 30 June 2014, the amended Act is now waiting for publication. The changes are expected to come into force relatively soon. The amendments will take effect 6 months after…
In our annual forecast of the year ahead for Canadian competition and foreign investment review law, the Davies Competition Law and Foreign Investment Group outlines the “Top 10” key issues and trends to watch for this year. 1. A Green Light for Class Actions by Indirect Purchasers The Supreme Court of Canada issued an important…
In a move that signals that UK criminal cartel enforcement is set to increase, Peter Nigel Snee appeared on 27 January 2014 at Westminster Magistrates’ Court to face charges under the UK’s criminal cartel offence. Mr Snee has been charged under section 188 of the Enterprise Act 2002 with “dishonestly agreeing with others to divide…
