The UK’s expected separation from the European Union (EU) on 29 March 2019 (Brexit Date) will re-cast the process by which parties pursuing global mergers secure their antitrust approvals. It will also reshape the potential exposure that parties face when subjected to global investigations of anticompetitive conduct. As Brexit rapidly approaches, businesses increasingly seek guidance…
The UK Government has recently indicated its intention to transpose the EU State aid rules into domestic legislation, even in the event of the UK exiting the EU without a Withdrawal Agreement on 29 March 2019. This was made clear in a “no deal” Brexit technical notice on State aid (the “notice”) published, alongside 24…
The UK’s Competition and Markets Authority (“CMA”) is consulting on proposed revisions[1]The CMA’s consultation document, and the Draft Revised Guidance, are available at: www.gov.uk/government/consultations/revised-guidance-on-competition-disqualification-orders. to its current guidance on director disqualification in competition law cases (the “Current Guidance”).[2]The Current Guidance is available at: www.gov.uk/government/publications/competition-disqualification-orders. The consultation on the CMA’s proposed revised guidance (the “Draft Revised…
On 12 July, the UK Government published a White Paper setting out its proposal for a future UK-EU relationship, following Brexit. The type of UK-EU relationship which this envisages is unprecedented, reflecting from the UK’s perspective, the UK’s unique circumstances as a current EU Member State in full regulatory compliance with EU rules, and a…
The new Business and Property Courts of England and Wales (“B&PCs”) became operational on 2 October 2017. As well as London, new BPCs have also been established in seven regional centres. As part of the reforms, the Mercantile Court has been renamed as the ‘Circuit Commercial Court’ and Mercantile Judges are now known as ‘Circuit…
Introduction I recommend reading the UK Competition Appeal Tribunal’s (CAT) decision in Flynn/Pfizer vs UK Competition and Markets Authority (CMA) as both lawyers and economists can find a fair number of details to note for later cases related to excessive pricing. In this short article I do not wish to argue whether the CMA’s methodology…
Summary On 7 June 2018, the UK Competition Appeal Tribunal (CAT) held that the UK Competition and Markets Authority (CMA) misapplied the relevant legal test when finding that Pfizer and Flynn Pharma (Flynn) unfairly priced their epilepsy drug. The CAT quashed the record £84.2 million and £5.2 million fines that the CMA imposed on Pfizer…
The Government has given its strongest indication yet that a domestic State aid regulatory regime, substantively similar to the EU State aid regime which applies today, will be in place at the end of the Brexit transitional period, with the Competition and Markets Authority (CMA) taking on the role of State aid regulator. Preparations to…
In April 2018, the UK’s Competition and Markets Authority (the “CMA“) announced that two individuals would be disqualified from acting as directors for 3 and 3.5 years as a result of a company’s infringement of UK domestic competition law, specifically Chapter I of the Competition Act 1998 (the “Chapter I Prohibition“).[1] This case follows a…
On 2 February 2018, the EU Internal Market Sub-Committee of the House of Lords (“EU Committee”) published its report on the implications of Brexit on competition law and State aid (“Report”)[1]. On antitrust and merger control, the Report concludes that there should continue to be consistency between the UK’s and EU’s approach to competition matters,…
