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NEWS
This week's edition of Competition weekly highlights includes developments from a UK perspective, including: (1) the CAT rules Hammond’s collective action against Amazon should progress over rival application, (2) Subsidy Advice Unit publishes a consultation seeking views on its proposed approach regarding its monitoring function under the Subsidy Control Act 2022. This week’s highlights also includes, from an EU perspective: (1) the Court of Justice’s judgment dismissing Scania’s appeal relating to the truck cartel market, (2) Advocate General Rantos’s opinion suggesting that the Court of Justice should dismiss the appeal relating to the calculation of the fine in the pre-stressing steel cartel case, (3) the Commission sending a Statement of Objections to PPC concerning predatory pricing in the Greek wholesale electricity market, and (4) the General Court upholding Ryanair’s appeal regarding Commission’s decision approving Dutch aid granted in favour of KLM.
NEWS
This week's edition of Competition weekly highlights includes, from a UK perspective: (1) the Department for Business and Trade launches consultation on Transfer Agreements Block Exemption Order, and (2) a publication by the CMA of revised merger remedies guidance. This week's highlights also includes, from an EU perspective: (1) the Court of Justice issues an order concerning a national reference from Italy confirming that Article 101 TFEU, read in light of Directive (EU) 2019/1 and the principle of effectiveness, precludes national legislation imposing time limits on opening antitrust investigations that result in loss of sanctioning power, (2) the Court of Justice issues an order dismissing appeal against refusal to intervene in an action relating to cartel fines, and (3) the Commission amends ETS State aid Guidelines to tackle carbon leakage for more energy-intensive industries.
NEWS
This week's edition of Competition weekly highlights includes, from a UK perspective, the CMA’s decision to launch a consultation on working paper outlining potential remedies in veterinary services market investigation.
NEWS
This week's edition of Competition weekly highlights includes from a UK perspective: (1) the CAT issues judgment granting CPO to Which? in collective damages action against Apple, and (2) the CAT’s judgment dismissing Bristol Airport’s challenge to Welsh Government subsidy for Cardiff Airport.
NEWS
This week's edition of Competition weekly highlights includes, from a UK perspective: (1) the CMA publishing finalised versions of six updated mergers guidance documents to reflect jurisdictional and procedural changes introduced by DMCCA 2024, (2) the CMA’s decision that the Synopsys/Ansys merger meets the test for reference to phase 2, (3) a CAT judgment largely dismissing Keltbray’s appeal against a construction cartel fine, as well as upholding the CMA’s application to revoke a settlement discount resulting in a higher fine, (4) the CMA publishes an updated version of its Guidance on investigation procedures under the CA 1998 cases following changes brought by the DMCCA, (5) CMA announces it intends to launch SMS investigations in relation to 3 distinct digital activities within six months of regime, (6) the CMA publishes final guidance on the digital markets competition regime, as well a separate guidance on the merger reporting requirements for SMS firms, (7) CMA publishes updated version of the its rules of procedure setting out the board’s powers and functions, (8) the CAT’s judgment dismissing a claim regarding excessive pricing brought against BT in the first opt-out competition collective action to go to trial, and (9) Court of Appeal dismisses appeal against CAT’s judgment finding it was not bound by a post-Brexit judgment on limitation relating to the Merchant Interchange Fee Umbrella Proceedings against Mastercard and Visa. This week's highlights also includes, from an EU perspective: (1) the Commission’s decision to refer Liberty Media/Dorna Sports merger to a phase II investigation, (2) the Commission’s announcement that it is seeking feedback on the measures Apple should take to ensure interoperability under the Digital Markets Act.
NEWS
This week's edition of Competition weekly highlights includes, from a UK perspective: (1) the Court of Appeal dismissing Microsoft's appeals against CAT rulings on jurisdiction and copyright issues in ValueLicensing competition damages claim, (2) the CMA launches investigation under Chapter I of the Competition Act 1998 into suspected anti-competitive conduct relating to Solidworks software, (3) the CMA publishes areas of focus and invites comments on its phase 2 investigation into nexfibre/Substantial merger, (4) the CMA closes Getty Images/Shutterstock merger investigation following abandonment of the transaction, (5) the CMA publishes updated governance framework with Department for Business and Trade, and (6) the Department of Business and Trade and Department of Science, Innovation and Technology publish memorandum of understanding on governance of the Digital Markets Unit. This week's highlights also includes, from an EU perspective: (1) the Commission issues supplementary statement of objections in Vivendi/Lagardère gun-jumping investigation, and (2) the Court of Justice dismisses Google and Alphabet's appeal against General Court judgment upholding Android antitrust fine.
NEWS
This week's edition of Competition weekly highlights includes developments from a UK perspective, including: (1) the CMA’s announcement that it has referred Lindab/HAS-Vent merger to phase 2, (2) the CMA’s announcement that the Pennon/Sumisho Osaka Gas Water UK merger meets the test for reference to phase 2, and (3) the CAT’s judgment granting a collective proceedings order relating to a damages action against Nexan France S.A.S and Others based on supply of high voltage power cables cartel. This week’s highlights also includes, from an EU perspective: (1) the General Court’s judgment annulling Commission’s decision to approve restructuring aid for the charter airline Condor, (2) the General Court’s judgment dismissing further actions regarding Spanish aid for the acquisition of ships and (3) the Commission’s announcement that it has adopted limited prolongation of State aid crisis tools to further support agriculture and fisheries sectors.
NEWS
This week's edition of Competition weekly highlights includes, from a UK perspective: (1) CMA guidance on making competition and consumer law complaints, (2) a CAT’s ruling refusing Kerilee Investment’s application to set aside a strike-out in action against International Tin Association (3) publication by the CMA of an updated version of the G7 compendium on competition in digital markets. This weeks highlights also includes, from an EU perspective, a Commission consultation on revised State aid rules for better access to affordable housing.
PRACTICE NOTES
This Practice Note provides an introduction to the main areas of competition law and is aimed at in-house banking and finance lawyers. Institutions are advised to have clear policies and procedures in place to avoid competition law breaches as well as on-going training for any teams who may encounter competition law issues. Institutions without in-house expertise should consult an external competition law team to ensure that the institution is not in breach and to assist in putting policies in place. Furthermore, the banking sector has been in the spotlight as a result of enforcement action by the European Commission. For example, in 2021 alone, the European Commission has fined banks heavily in the Practice Notes: Euro interest rate derivatives (AT.39914), Yen interest rate derivatives (AT.39861), Foreign exchange spot trading (AT.40135), European Government Bonds (AT.40324) and US Dollar supra-sovereign, sovereign and agency bond trading (AT.40346) cases. In 2022, the European Commission also imposed fines on banks for exchanging commercially sensitive information and coordination of trading/pricing strategies in Practice Note: Euro-denominated
PRACTICE NOTES
The following Competition resources, providing useful practical commentary, legislation, rules and guidance for competition lawyers, whether in private practice or in-house, are available in Lexis+® UK. They are referenced and linked to throughout the Competition content in Lexis+® UK. Please note, however, the titles listed can only be accessed with the relevant Lexis+® UK subscription(s). General Title Summary Who should use this resource? Butterworths Competition Law Service A specialist commentary service covering the legal and regulatory framework for UK and EU competition law, with analysis of legislation, case law, procedure and enforcement. Competition lawyers requiring detailed commentary and source material on substantive competition law, procedure and enforcement. Competition
GLOSSARY
The competitive dialogue procedure is a method of procurement'>public procurement which considers the contribution of the interested bidders.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. The UK has introduced The Competition Act 1998 (Vertical Agreements Block Exemption) Order 2022 (VABEO). The UK’s VABEO replaced the Vertical Restraints Block Exemption Regulation 330/2010 (VBER 2010) in the UK on 1 June 2022. The European Commission has introduced the Vertical Block Exemption Regulation 2022/720 (VBER 2022). The VBER 2022 replaced the VBER 2010 in the EU on 1 June 2022. The UK’s VABEO and EU’s VBER 2022 (and their accompanying 2022 guidance/guidelines) make significant changes to the treatment of most-favoured nation (MFN) clauses. This Practice Note was written prior to the introduction of the UK’s VABEO and EU’s VBER 2022 and examines MFN’s treatment by the European Commission and national competition authorities prior to the UK’s VABEO and EU’s VBER 2022. For an assessment of MFNs in the EU under Article 101 TFEU, the VBER 2022 and the Commission’s 2022 Guidelines on Vertical Restraints, please see the relevant sections within Introduction to the application of Article 101 TFEU to vertical agreements,