Many competition authorities would have given up on excessive pricing cases when the Competition Appeal Tribunal (the Tribunal) annulled a fine of more than £80m which the UK Competition and Markets Authority (CMA) had imposed on Pfizer and Flynn for increasing prices for Phenytoin sodium capsules by 700-2,600%. Many, but not the CMA. The UK’s…
With a much-unanticipated outcome, on 26 July 2023, the Supreme Court of the United Kingdom (UKSC) finally handed down its long-expected judgement in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28, a decision that is considered to have a significant hit on the litigation funding…
This article discusses how the CMA has reached a ‘tipping point’ in ‘Big Tech’ merger enforcement, what the Competition Appeals Tribunal could do in Microsoft v Competition and Markets Authority to recentre and refocus the CMA’s work, and why this all matters to digital markets, and beyond. …
In a policy paper on “Smarter Regulation to Grow the Economy”, the UK government has announced proposals to limit the duration of non-compete clauses in employment contracts to three months. This proposal reflects the growing concern worldwide concerning the use of non-competes. Earlier this year, the FTC in the US took even more extreme action…
Microsoft has said it will appeal a decision by the UK Competition and Markets Authority (CMA) to block its proposed acquisition of video games developer and publisher Activision Blizzard. Activision is the company behind a number of popular game series, including ‘Call of Duty’. Microsoft agreed a deal to acquire Activision for $68.7 billion in…
The UK Parliament is poised to publish its Digital Markets, Competition and Consumer Bill (“the Bill”). The essential point is to place the UK Competition and Markets Authority’s (“CMA”)’s Digital Markets Unit (“DMU”) on a statutory footing and to set out the evidence standards applicable to it. The Bill will determine whether, how, and on…
On 22 November 2022, the UK Competition and Markets Authority (CMA) decided to refer the supply of mobile browsers and mobile browser engines and the distribution of cloud gaming services through app stores on mobile devices for an in-depth ‘phase 2’ market investigation. The market investigation regime enables the CMA to investigate competition issues that…
Competition law and policy developments in the UK have continued apace throughout 2022, ushering in several important changes to competition rules; further law reform proposals; a substantial caseload for UK’s competition and sector authorities, as well as under the national security and investment screening regime, building on last year’s developments; and a new UK subsidy…
On February 7, the Competition Appeals Tribunal (CAT) delivered its first judgment on the merits of the claims for damages concerning the cartel of truck manufacturers ([2023] CAT 6). The judgment resolves the first two processes against DAF Trucks NV that had been initiated by Royal Mail and British Telecom (1284/5/7/18 (T) and 1290/5/7/18 (T))…
On 8 February 2023, the CAT upheld claims by both BMW and Volkswagen confirming that the CMA cannot compel responses to information requests from companies with no territorial connection to the UK. CMA Investigation In March 2022, the CMA opened an investigation into suspected anti-competitive conduct in relation to the recycling of end-of-life vehicles….
