‘Excessive pricing’ and pharmaceuticals – Law Society’s Gazette

Posted June 12th, 2017 in competition, markets, medicines, news, price fixing by sally

‘After years of limited focus on ‘excessive pricing’, in December 2016 the Competition and Markets Authority (CMA) took one decision finding that such an abuse of dominance had occurred, and issued a statement of objections in another case. Does this reflect a broad policy shift, or a reaction to specific cases of perceived opportunistic behaviour?’

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Law Society's Gazette, 12th June 2017

Source: www.lawgazette.co.uk

Competition tribunal scolds Law Society over disclosure failure – Legal Futures

Posted June 7th, 2017 in competition, costs, disclosure, documents, indemnities, Law Society, news, tribunals by sally

‘The president of the Competition Appeal Tribunal (CAT) has reproached the Law Society for a “deeply unimpressive” explanation of its failure to disclose all the documents it should have done in the Socrates case.’

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Legal Futures, 7th June 2017

Source: www.legalfutures.co.uk

First opt-out class action withdrawn as potential costs outweigh damages – OUT-LAW.com

Posted June 7th, 2017 in class actions, competition, consumer protection, costs, damages, news, tribunals by sally

‘The UK’s first ‘opt-out’ class action claim has been withdrawn on the basis that its costs would outweigh the potential damages available.’

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OUT-LAW.com, 5th June 2017

Source: www.out-law.com

First opt-out class action withdrawn after damages found to be insufficient – Litigation Futures

Posted June 6th, 2017 in appeals, class actions, competition, costs, damages, news, tribunals by tracey

‘The first attempt to bring an opt-out class action has failed after a decision of the Competition Appeal Tribunal (CAT) that meant the claim would not be worth enough money to proceed.’

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Litigation Futures, 5th June 2017

Source: www.litigationfutures.com

Socrates case stayed for quantum discussions as tribunal orders Law Society to pay up to £230,000 in costs – Legal Futures

‘The fall-out from the decision that the Law Society breached competition law looks set to last for several more months after the Competition Appeal Tribunal laid out the timetable for determining damages.’

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Legal Futures, 5th June 2017

Source: www.legalfutures.co.uk

Law Society “abused dominant position” with CQS training monopoly, competition tribunal rules – Legal Futures

‘The Law Society abused its dominant position by requiring over 3,000 law firms to buy its own training in order to maintain their Conveyancing Quality Scheme (CQS) accreditation, the Competition Appeal Tribunal (CAT) has ruled.’

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Legal Futures, 26th May 2017

Source: www.legalfutures.co.uk

Watchdog steps up probe of Just Eat and Hungryhouse merger – Daily Telegraph

Posted May 19th, 2017 in competition, mergers, news by tracey

‘The competition watchdog has confirmed it will begin an in-depth investigation into Just Eat’s proposed £200m merger with Hungryhouse.’

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Daily Telegraph, 19th May 2017

Source: www.telegraph.co.uk

Brexit and implications for UK Merger Control – Part 3/3: Managing and prioritising the CMA’s mergers workload – Competition Bulletin from Blackstone Chambers

Posted May 16th, 2017 in brexit, competition, EC law, mergers, news, treaties by sally

‘The Competition Bulletin is pleased to welcome the third in a three-part series of blogs on Brexit and merger control by Ben Forbes and Mat Hughes of AlixPartners. Ben and Mat are (with others) co-authors of the new Sweet & Maxwell book, “UK Merger Control: Law and Practice”.’

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Competition Bulletin from Blackstone Chambers, 16th May 2017

Source: www.competitionbulletin.com

Retail banking business models under strategic review by UK regulator – OUT-LAW.com

Posted May 15th, 2017 in banking, competition, financial regulation, news by sally

‘The UK’s Financial Conduct Authority (FCA) has opened a review into business models in retail banking to assess the impact those models are having on competition and conduct in the market.’

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OUT-LAW.com, 12th May 2017

Source: www.out-law.com

Just Eat faces competition inquiry over Hungryhouse takeover – The Guardian

Posted May 10th, 2017 in competition, food, internet, news, takeovers by sally

‘Just Eat’s proposed takeover of Hungryhouse is facing an in-depth investigation by the competition watchdog over fears restaurants could end up with a worse deal.’

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The Guardian, 10th May 2017

Source: www.guardian.co.uk

Illegal counterfactuals: the Court of Appeal shuts the back door – Competition Bulletin from Blackstone Chambers

Posted May 2nd, 2017 in appeals, competition, consumer credit, news by sally

‘Suppose a defendant to a competition claim runs a defence that, in the counterfactual world in which no anticompetitive conduct occurred, pricing would have been no different; and that the claimant replies, “maybe so, but only because you were at the same time operating some independent anti-competitive scheme, which must also be purged from the counter-factual”. Can the claimant amend his claim to plead the independent anti-competitive scheme raised in his Reply as the basis for a new substantive claim even where it would ordinarily be time-barred?’

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Competition Bulletin from Blackstone Chambers, 28th April 2017

Source: www.competitionbulletin.com

FCA to review investment platform market – OUT-LAW.com

Posted April 20th, 2017 in banking, competition, consumer protection, financial regulation, news, reports by sally

‘The Financial Conduct Authority (FCA) will carry out an investment platforms market study in the coming year, it has announced.’

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OUT-LAW.com, 20th April 2017

Source: www.out-law.com

Collective Proceedings in the CAT: mobility scooters roll on for now – Competition Bulletin from Blackstone Chambers

‘Last Friday the CAT handed down a judgment on the first ever-application for a collective proceedings order under the new regime introduced by the Consumer Rights Act 2015. The judgment will generally be welcomed by potential claimants, but it has a sting in the tail which may cause serious difficulties for class actions in other vertical infringement cases.’

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Competition Bulletin from Blackstone Chambers, 6th April 2017

Source: www.competitionbulletin.com

CAT gives judgment on the first ‘opt out’ competition damages collective proceedings – Blackstone Chambers

Posted April 6th, 2017 in appeals, competition, consumer protection, damages, news by sally

‘The Competition Appeal Tribunal (‘CAT’) gave judgment on 31 March 2017 on the first ever application for a Collective Proceedings Order under the new competition damages collective action procedures introduced by the Consumer Rights Act 2015.’

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Blackstone Chambers, 6th April 2017

Source: www.blackstonechambers.com

Challenges Arising from Brexit – Henderson Chambers

‘In the light of Brexit, uncertain times lie ahead! How can small businesses cope with the challenges which the withdrawal of the United Kingdom from the European Union will necessarily entail and with the uncertainty that will persist so long as no concluded agreement(s) has/have been struck between the British Government and its EU counterparts.’

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Henderson Chambers, 5th April 2017

Source: www.hendersonchambers.co.uk

Competition tribunal rejects bid to throw out first opt-out class action application – Litigation Futures

‘The Competition Appeal Tribunal (CAT) has rejected strenuous attempts to dismiss the first application to certify an opt-out class action under the new collective proceedings procedure.’

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Litigation Futures, 5th April 2017

Source: www.litigationfutures.com

Council faces complaint to competition watchdog over incinerator contract – Local Government Lawyer

Posted April 4th, 2017 in competition, complaints, local government, news by sally

‘A community-led recycling organisation has submitted a complaint to the Competition and Markets Authority claiming that a county council’s contract with an incinerator company breaks competition law.’

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Local Government Lawyer, 3rd April 2017

Source: www.localgovernmentlawyer.co.uk

CMA offers £100,000 to cartel whistleblowers – OUT-LAW.com

Posted March 23rd, 2017 in advertising, anonymity, competition, news, whistleblowers by sally

‘The UK’s Competition and Markets Authority (CMA) has launched an advertising campaign targeting illegal cartels, offering anonymity and a reward of up to £100,000 for whistleblowers.’

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OUT-LAW.com, 22nd March 2017

Source: www.out-law.com

BT reaches deal with Ofcom to legally separate Openreach – The Guardian

Posted March 10th, 2017 in competition, news, pensions, telecommunications, transfer of undertakings by sally

‘BT has finally reached an agreement with Ofcom to legally separate Openreach, which controls the UK’s broadband infrastructure.’

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The Guardian, 10th March 2017

Source: www.guardian.co.uk

When is an antitrust/competition claim caught by an arbitration clause? The Microsoft Mobile decision – Competition Bulletin from Blackstone Chambers

Posted March 9th, 2017 in agreements, arbitration, competition, contracts, news, price fixing, sale of goods by sally

‘The decision of the High Court in Microsoft Mobile Oy (Ltd) v Sony offers some helpful guidance as to when a competition law tort claim will be caught by an arbitration clause in a sale or supply agreement.’

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Competition Bulletin from Blackstone Chambers, 7th March 2017

Source: www.competitionbulletin.com