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PRACTICE NOTES
The Competition and Markets Authority (CMA) is the UK’s main competition authority responsible for investigating allegations of anti-competitive behaviour that may have an impact in the UK. The Guidance on the CMA’s investigation procedures in Competition Act 1998 cases (CMA8) (the Guidance) sets out the approach and procedures used by the CMA when exercising its powers. Brexit The Chapter I and Chapter II prohibitions remain modelled on Articles 101 and 102 TFEU, but post-IP completion day EU decisions do not bind UK courts or the CMA and departure from pre-IP completion day EU case law is governed by CA 1998, s 60A. With regards to procedure, the UK provisions contained in the Competition Act 1998 (CA 1998) are similar to those under EU law, although they contain key differences. Until the end of the transition period, CA 1998, s 60 required that UK law should follow (wherever possible) EU competition rules and case law. This requirement for consistency applied not only to substantive issues but extended to procedural issues. Pre-IP completion day EU procedural case law remains
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Law360: The Competition and Markets Authority (CMA) censured Prima Insurance on 20 November 2024 for failing to properly explain the costs over more than a year of a policy add-on to thousands of consumers.
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The Competition and Markets Authority (CMA) Chief Executive Sarah Cardell announced implementation plans for new digital markets and consumer protection powers in a speech at techUK on 10 March 2025. The CMA will publish roadmaps for Strategic Market Status designations alongside consultation decisions for search (June 2025) and mobile (July 2025). New consumer protection powers starting April 2025 will be phased in gradually, with initial drip pricing guidance in April 2025 followed by a further consultation in summer 2025, and a three month compliance period for fake reviews rules. The approach aims to balance regulatory effectiveness with business certainty under the Digital Markets, Competition and Consumers Act 2024.
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The Competition and Markets Authority (CMA) has approved the merger between Vodafone and Three, subject to legally binding commitments. The CMA has stipulated that the merged entity must invest billions in rolling out a combined 5G network across the UK. Additional conditions include capping certain mobile tariffs and offering preset contractual terms to mobile virtual network operators for three years. The CMA and Ofcom will oversee the implementation of these commitments, which are designed to enhance UK 5G capability while maintaining effective competition in the sector.
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The Competition and Markets Authority (CMA) has investigated Google’s proposed removal of third-party cookies from its Chrome browser and the introduction of ‘Privacy Sandbox’ tools. The case, initiated on 7 January 2021 under Chapter II of the Competition Act 1998, examined whether the changes could unfairly advantage Google’s advertising technologies, restrict competitor access, or impose unreasonable conditions on users. On 11 February 2022, the CMA accepted binding commitments from Google to address these concerns, including obligations on transparency, non-discrimination, data usage restrictions, and regular reporting. These commitments were monitored by ING Bank as the appointed Monitoring Trustee, with support from an independent Technical Expert.
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The Competition and Markets Authority (CMA) has closed its merger enquiry into the acquisition by Cochlear Limited of the hearing implants business of Demant A/S, known as Oticon Medica on 29 May 2024, following a phase 2 clearance with remedies. The investigation had first been opened in October 2022. Initially, in January 2023, the CMA had found that the merger of the two leading providers of hearing implants could lead to higher prices for the National Health Service, and reduced quality and slower innovation for UK patients who rely on these life-changing devices. Final undertakings as remedies had then been accepted on 30 August 2023 with the case now officially being closed.
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The Competition and Markets Authority (CMA) has decided to close its investigation to assess whether Unilever UK Limited's ‘green’ claims breached consumer protection laws. This decision is in line with the wider impact of the CMA’s programme of work on tackling misleading environmental claims and follows various changes made by Unilever to its claims on some of its products. The CMA also noted that its decision to close the investigation is a matter of administrative priority and has not taken a view on Unilever’s compliance with consumer law.
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The Competition and Markets Authority (CMA) has closed its investigations into Apple’s App Store and Google’s Play Store, which looked into whether they are using their market power to set potentially unfair terms for UK app developers and restricting competition and consumer choice. This comes ahead of the new digital markets competition regime coming into force later in 2024. The CMA also announced that it has rejected commitments submitted by Google in response to the CMA’s concerns, as it was not satisfied that Google’s proposals, which would give app developers the ability to use alternative payment options to Google Play’s billing system, effectively addressed the competition concerns.
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The Competition and Markets Authority (CMA) has concluded its consultation on the draft administrative penalties policy (CMA4), which outlines the CMA's approach to imposing penalties for non-compliance with investigatory and remedies powers. The updated guidance, effective from 1 January 2025, reflects changes introduced by the Digital Markets, Competition and Consumers Act 2024 and applies to breaches committed on or after that date. The policy covers penalties related to the CMA's competition, markets, mergers and motor-fuel information gathering functions, as well as the new digital markets competition regime. Approved by the Secretary of State for Business and Trade, the guidance provides crucial information for legal practitioners advising clients on potential administrative penalties in CMA investigations and enforcement actions.
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The Competition and Markets Authority (CMA) has concluded its consultation on draft consumer law compliance advice for trader recommendation platforms (TRP's). The CMA has published a response to the public consultation, detailing changes made to the draft as a result of comments received. Additionally, the authority has released final compliance advice for businesses and practical tips for consumers using trader recommendation sites.
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The Competition and Markets Authority (CMA) has closed its investigation into the acquisition by Theramex HQ UK Limited of the European Rights to Viatris’ Femoston and Duphaston Products on 27 August 2024 following the sale of the assets pursuant to the undertakings given in lieu of reference in relation to the CMA's phase 2 investigation. In May 2024, the CMA published the full text of its phase 1 referral decision in relation to the anticipated acquisition following the launch of its inquiry into the merger in February.
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The CMA has launched a consultation on commitments to address concerns that Vifor Pharma (Vifor) abused its dominant position by making misleading claims about a competitor’s intravenous iron treatment. The CMA has published a Notice of Intention to Accept Commitments offered by Vifor and invited representations from interested third parties on the proposed commitments. The consultation ends on 17 January 2025.