Region: United Kingdom

United Kingdom: Significant court judgments and heightened civil enforcement highlight cartel crackdown

Featured in Europe, Middle East and Africa Antitrust Review 2024

Following Brexit, the Competition and Markets Authority is setting several cartel enforcement targets through to 2026. Legislative proposals boosting CMA authority, decisive action from the Supreme Court and Competition Appeal Tribunal and a notable focus on civil infringements represent key steps to successfully reaching them.

30 June 2023

European Union: New EC draft HBERs and UK Draft Horizontal Guidelines shape horizontal agreements

Featured in Europe, Middle East and Africa Antitrust Review 2024

The UK CMA is closely monitoring the European Commission’s approach to horizontal agreement regulation. Differing opinions between the two organisations on purchasing and sustainability agreements will help define the cooperative landscape on the continent post-Brexit.

30 June 2023

Economist’s perspective: recent CAT judgments yield lessons on the collection and submission of economic evidence

Featured in Europe, Middle East and Africa Antitrust Review 2024

Key rulings in Compare the Market, Royal Mail and Gormsen are establishing standards for estimating and accounting for damages and setting precedents for two-sided platforms and ‘by effect’ allegations.

30 June 2023

Economist’s Perspective: collective proceedings surge amid uptick of UK unfair pricing disputes

Featured in Europe, Middle East and Africa Antitrust Review 2024

Dr Kent v Apple and Dr Gormsen v Meta typify the rising tide of UK collective proceedings involving excessive pricing that are receiving increased scrutiny from the CAT on the effects of exploitative abuse.

30 June 2023

CMA starts consultation on Phase II merger review process

The UK’s Competition and Markets Authority is seeking feedback on how it can improve its in-depth merger review procedures, including whether it can borrow best practices from other antitrust enforcers.

29 June 2023

Sustainability guidance will evolve with increased experience, CMA official says

The approach to sustainability agreements taken by the UK’s Competition and Markets Authority will “evolve” over time given its recent draft guidelines on these collaborations do not reflect any “significant experience” in handling such matters, a senior UK enforcer has said.

29 June 2023

CMA doubles down on importance of judicial review standard in new digital markets bill

It is crucial that decisions enforcing proposed new rules policing the world’s biggest tech companies are subject to a limited judicial review regime and not full appeals on the merits, the UK’s Competition and Markets Authority has said in comments to lawmakers.

28 June 2023

CAT orders disclosure of CMA warning in Apple class action

The UK’s Competition Appeal Tribunal has authorised Justin Gutmann to rely on a letter authored by the country’s antitrust enforcer in his claim against Apple that raised concerns about the latter’s transparency around software updates affecting phone performance.

28 June 2023

CAT opts for separate carriage and certification hearing despite Amazon concerns

Two parallel class actions claiming Amazon overcharged UK customers that used its “Buy Box” feature will need to resolve their carriage dispute before one of them can be certified, the president of the Competition Appeal Tribunal has ruled.

28 June 2023

Novel proposal to amend divesture order should be dismissed, CMA says

The UK’s antitrust authority has urged the Competition Appeal Tribunal to reject a request from a real estate software company to amend a divestiture order issued when its acquisition of a rival was unwound, warning that a desire to drive up the sale price is not grounds to amend such a commitment.

27 June 2023

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