‘The Competition Appeal Tribunal (CAT) has approved a litigation funding agreement (LFA) that was amended to take account of the Supreme Court ruling in PACCAR.’
Legal Futures, 24th November 2023
Source: www.legalfutures.co.uk
‘The Competition and Markets Authority (CMA) has published two ‘working papers’ seeking feedback on its assessment of the use of landbanks, and how planning rules concerning zoning, consultations and local plan processes may be impacting competition and how new homes are delivered.’
Local Government Lawyer, 21st November 2023
Source: www.localgovernmentlawyer.co.uk
‘Clause 19 of the Digital Markets, Competition and Consumers Bill (“the DMCC Bill”) gives the Competition and Markets Authority (“CMA”) wide powers to impose conduct requirements on undertakings that the CMA has designated as having strategic market status (“SMS”) in respect of a digital activity (essentially, “big tech”). The condition for the exercise of the power is that the CMA considers it “appropriate” to do so having regard to broadly drawn statutory objectives – the “fair dealing” objective, the “open choices” objective (essentially, enabling consumers to choose freely and easily between providers) and the “trust and transparency” objective (essentially, having the information to make properly informed decisions). The types of conduct requirement that may be imposed are set out in clause 20: essentially, there is no statutory limit to the types of requirement that may be imposed save that (whatever they are) they must be for the purpose of securing various objectives or of preventing various widely defined types of conduct (for example “using data unfairly”). Breach of a conduct requirement may result, if the CMA so decides, in an enforcement order that requires action to remedy the breach or payment of damages.’
UK Constitutional Law Assoication, 15th November 2023
Source: ukconstitutionallaw.org
‘The Upper Tribunal has ruled that an NHS Trust did not provide car parking under a “special legal regime” such that its supplies would be zero-rated. The case is important because (i) it sets a limit on what can be considered a “special legal regime” for the purposes of Article 13 of the Principal VAT Directive and section 41A of the Value Added Tax Act 1994, and (ii) it confirms that detailed factual and expert evidence is not required for a Tribunal to find that treating a public authority as a non-taxable person would lead to significant distortions of competition.’
Devereux Chambers, 27th October 2023
Source: www.devereuxchambers.co.uk
‘A “pioneering” £1.5m settlement has been agreed in a car delivery charges opt-out claim which the Competition Appeal Tribunal will now need to approve – potentially a first for the tribunal in a collective action.’
Law Society’s Gazette, 12th October 2023
Source: www.lawgazette.co.uk
‘The competition watchdog has launched an investigation into a group of broadcasters, including the BBC and ITV, over their use of freelance staff and services.’
The Guardian, 12th October 2023
Source: www.theguardian.com
‘The UK’s competition watchdog has cleared Microsoft’s $69bn (£54bn) deal to buy Activision Blizzard, the maker of games including Call of Duty and World of Warcraft, in a move that paves the way for both companies to complete the transaction.’
The Guardian, 13th October 2023
Source: www.theguardian.com
‘An in-depth investigation has been opened by the Competition and Markets Authority (CMA) to determine whether competition is working well in the UK public cloud infrastructure services market. The investigation has been spurred by a referral made by another UK regulator.’
OUT-LAW.com, 10th October 2023
Source: www.pinsentmasons.com
‘Microsoft’s $69bn (£54bn) deal to buy Activision Blizzard, the maker of games including Call of Duty and World of Warcraft, looks set to be cleared after the UK competition regulator said a revised deal addresses its concerns.’
The Guardian, 22nd September 2023
Source: www.theguardian.com
‘The Competition Appeal Tribunal (CAT) has handed down judgment on the first application for review of a subsidy decision under the Subsidy Control Act 2022, dismissing the application made by a local business against a Durham County Council decision on the basis that it did not involve the grant of a subsidy.’
OUT-LAW.com, 19th September 2023
Source: www.pinsentmasons.com
‘People should not assume a positive outcome from the artificial intelligence boom, the UK’s competition watchdog has warned, citing risks including a proliferation of false information, fraud and fake reviews as well as high prices for using the technology.’
The Guardian, 18th September 2023
Source: www.theguardian.com
‘Judges in the Competition Appeal Tribunal have taken a scythe to costs claims where solicitors were charging as much as 70% above the guideline hourly rate in a high profile group action.’
Law Society's Gazette, 12th September 2023
Source: www.lawgazette.co.uk
‘Google faces a new multibillion-pound lawsuit from UK consumers accusing the company of contributing to cost-of-living price rises.’
The Guardian, 7th September 2023
Source: www.theguardian.com
‘Has the CAT turned full circle in its approach to collective proceedings orders (CPOs)?’
Competition Bulletin, 2nd September 2023
Source: competitionbulletin.com
‘The likely impact of the Supreme Court’s decision in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28.’
Gatehouse Chambers, 26th July 2023
Source: gatehouselaw.co.uk
‘On 25 July 2023, the Court of Appeal handed down its judgment in UK Trucks Claim Limited v Stellantis NV (formerly Fiat Chrysler Automobiles NV) & Others [2023] EWCA Civ 875. The appeal raised important issues in the continued development of the collective proceedings regime, including as to how conflicts of interest within a class might be addressed, the willingness of the Court of Appeal to interfere with the Competition Appeal Tribunal’s (“CAT”) assessment of two rival applications for a collective proceedings order (“CPO”), and the scope of the statutory jurisdiction to appeal. The judgment is accessible here.’
Henderson Chambers, 28th July 2023
Source: www.hendersonchambers.co.uk
‘The Competition and Markets Authority (CMA) has published an update on its housebuilding and private rental market inquiry, formally launched in February.’
Local Government Lawyer, 29th August 2023
Source: www.localgovernmentlawyer.co.uk
‘Jonathan Branton and Alexander Rose consider the lessons which can be learned from the Competition Appeal Tribunal’s decision in the Durham Company Limited v Durham County Council.’
Local Government Lawyer, 11th August 2023
Source: www.localgovernmentlawyer.co.uk
‘On Wednesday [26 July], the Competition Appeal Tribunal handed down a judgment that is particularly significant for its analysis of the European Union (Withdrawal) Act 2018 (the “2018 Act”) and the scope of retained EU law.’
Blackstone Chambers, 28th July 2023
Source: www.blackstonechambers.com
‘On 25 July 2023, the Court of Appeal handed down its judgment in Evans v Barclays Bank Plc & Ors [2023] EWCA Civ 876, widely known as ‘the FX collective proceedings’. The judgment was handed down on the same day as the Court’s judgment in UK Trucks Claim Limited v Stellantis NV (formerly Fiat Chrysler Automobiles NV) & Others [2023] EWCA Civ 875. Both judgments provide welcome additional clarity on matters of certification, and the FX judgment in particular provides useful guidance on (i) the statutory jurisdiction to appeal under section 49(1A) of the Competition Act 1998, (ii) the assessment of whether proceedings should be brought on an opt-in or an opt-out basis, and (iii) and the determination of carriage disputes.’
Henderson Chambers, 28th July 2023
Source: www.hendersonchambers.co.uk
© Inner Temple Library 2023