The pantomime season has come early this year with the recent headline row over how oil prices are set. It is the show that has something for everyone. Furious motorists. Politicians looking for cheap and cheerful publicity. And the kind of villain that the public love to hiss and boo – an extremely wealthy industry….
Like the European Commission, I am confident that the European Merger Simplification Project will bring benefits for clients. As many commentators have affirmed, I do not doubt that the increase of the currently applicable market share thresholds for the identification of horizontally and vertically “affected markets” by 5 per cent to 20% and 30% respectively…
On 31 January 2013, the European Commission (DG Internal Market) published a Green Paper on unfair trading practices in the business-to-business food and non-food supply chain in Europe. One of the issues that the Green Paper deals with is the use by some suppliers of territorial supply constraints – described as impeding retailers’ ability to…
US and EU antitrust law – antipodes as far as individual liability is concerned? The US and EU approaches with regard to individual liability for competition law infringements have traditionally been notoriously different. US antitrust enforcement is well-known for its use of criminal sanctions against individuals, from fines to imprisonment. Since 2004, an individual who…
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’…
The Polish competition authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, “PCA”) has recently addressed the issue of resale price maintenance clauses (“RPM”) (see PCA decision of 31 December 2012 in case no. DOK 9/2012). The matter merits some attention, what with interesting argumentation raised in defence of the challenged clause related to a launch of…
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…
In the UK competition world, it’s been the season for the god of quirks and small things. This has been a lot of fun. However, sadly we’re soon going to have to sober up and look at what lies beneath. But first let’s look at the quirks and small things. Towards the end of last…
There have been two key recent developments in the U.S. relating to the legal dispute over patent settlements including so-called “reverse payments.” First, the U.S. Supreme Court has agreed to review an Eleventh Circuit decision dismissing a case brought by the Federal Trade Commission (FTC) challenging a patent settlement. Second, a district court in New…
