The Competition Appeal Tribunal has upheld the Competition Commission’s decision to require Stericycle to divest the entirety of Ecowaste Southwest following its prohibition of the completed merger. In dismissing Stericycle’s appeal, the Tribunal confirmed that the Commission is not obliged to identify of its own motion all possible remedies, but merely those that would clearly resolve the harm to competition caused by the merger. It also held that, in a completed merger, the purchaser takes the risk of being required to divest the entire business acquired by it, if this is necessary to restore effective competition.

A recent CC decision, Stericycle/Ecowaste Southwest, in which it prohibited a completed merger and required the divestment of the acquired business, is a salutary reminder to companies that do not wait for merger clearance before completing their transaction.

The bigger they are, the harder they fall and the sounds of the crash get louder as the legal controls get weaker. Take, for instance, the recent £807.2m sale of Edinburgh airport to Global Infrastructure Partners. This is the latest disposal following the original recommendation by the UK Competition Commission (CC) that BAA’s airport operating…

On 15 March 2012, almost exactly a year after it launched its consultation concerning possible reforms to the UK competition regime, the UK Government’s Department for Business, Innovation and Skills (“BIS”) announced the changes that it had decided to implement, with the intention of developing and improving the competition regime in the UK. There will…

There have been two big pieces of news in the UK recently: the resignation of John Fingleton, the chief executive of the Office of Fair Trading, and the heavily-trailed announcement of the newly merged OFT and Competition Commission, now called the Competition and Markets Authority (CMA). The link between the two events is probably only…

In March 2011, the U.K. Government Department for Business, Innovation and Skills (“BIS”) consulted on proposed reforms to the U.K. competition regime. The objectives were lofty (“improving the robustness of decisions,” “supporting the competition authorities in taking forward high impact cases,” and “improving speed and predictability for businesses”) and the proposals in part structural (most…

Competition authorities are forever looking to be more efficient.  With limited resources and an almost unlimited supply of complaints and applications for immunity, the premium attached to efficiency in antitrust enforcement has never been greater.  From the publication of decisions to the issuance of guidelines, and from the promotion of private enforcement to the giving…

Managing disappointment is as important for businesses as it is for individuals. But it can be particularly hard to do if you’ve been encouraged or threatened by possible change which then, suddenly, seems to evaporate into a big wet nothingness. Take, for instance, the draft groceries code adjudicator bill recently published by the UK’s Department…

Business executives like to stress the impersonality of their work. If things go wrong, then, sure, there are commercial consequences but that’s usually where it ends. Things have to be pretty gross before people start paying any serious attention to personal consequences – and very bad indeed before they recognise a genuine loss of integrity…