Category: competition

New Judgment: Competition and Markets Authority v Flynn Pharma Ltd and another, and Competition and Markets Authority v Pfizer Inc and another [2022] UKSC 14 – UKSC Blog

Posted May 27th, 2022 in appeals, competition, costs, news, ombudsmen, Supreme Court by sally

‘The Respondent is a public body tasked with investigating companies suspected of breaching competition law and penalising those found to have done so. The Appellants are both pharmaceutical companies fined by the CMA and both appealed to the Competition Appeal Tribunal (CAT) challenging the CMA’s decision. The CAT allowed the appeals in part, set aside part of the CMA’s decision, and remitted the case to the CMA for reconsideration.’

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UKSC Blog, 25th May 2022

Source: ukscblog.com

Court of Appeal refuses injunction to enforce 12 month non-compete covenant – Blackstone Chambers

Posted May 24th, 2022 in appeals, competition, contract of employment, damages, delay, injunctions, news, restrictive covenants by sally

‘In Planon v Gilligan [2022] EWCA Civ 642 the Court of Appeal refused to grant an injunction to enforce a 12-month non-compete covenant that had only four months left to run by the time of the appellate hearing.’

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Blackstone's Chambers, 20th May 2022

Source: www.employeecompetition.com

Planon v Gilligan: Court of Appeal considers interim enforcement of non-competes – Littleton Chambers

Posted May 19th, 2022 in appeals, competition, contract of employment, damages, delay, injunctions, news, restrictive covenants by sally

‘Lucy Bone discusses the CA’s judgment in Planon v. Gilligan, which considered the correct approach to enforceability of a non-compete covenant at an interim injunction, and how to apply the second and third limbs of American Cyanamid in such cases.’

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Littleton Chambers, 17th May 2022

Source: littletonchambers.com

Five things that are new under the Subsidy Control Act – Mills & Reeve

Posted May 12th, 2022 in competition, EC law, legislation, news, state aids, treaties by sally

‘On 28 April 2022, the Subsidy Control Bill received Royal Assent and became the Subsidy Control Act 2022. The Act is expected to come into force in autumn 2022. Until then, the provisions of the Subsidy Control Chapter of the Trade and Cooperation Agreement between the UK and EU will continue to apply. This article highlights five things that will change when the Act comes into force.’

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Mills & Reeve, 10th May 2022

Source: www.mills-reeve.com

Court of Appeal backs decision to make collective action opt-out – Legal Futures

Posted May 9th, 2022 in appeals, class actions, competition, consumer protection, news, telecommunications, third parties by sally

‘The difficulty of people signing up to a collective action and the availability of third-party funding were legitimate factors to take into account in making it opt-out, the Court of Appeal has ruled.’

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Legal Futures, 9th May 2022

Source: www.legalfutures.co.uk

UK consumer law enforcement powers to be bolstered – OUT-LAW.com

Posted April 22nd, 2022 in competition, consultations, consumer protection, enforcement, fines, internet, news, ombudsmen by sally

‘Businesses that breach UK consumer protection laws will be subject to fines of up to 10% of their annual global turnover under changes to legislation the UK government has committed to making.’

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OUT-LAW.com, 21st April 2022

Source: www.pinsentmasons.com

UK to make fake reviews illegal and tackle ‘subscription traps’ – The Guardian

Posted April 20th, 2022 in competition, consumer protection, deceit, internet, news, ombudsmen by sally

‘Fake reviews are to be outlawed and consumers will have more chances to get out of subscriptions they do not want under a package of measures proposed by the UK government to stop people being ripped off online.’

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The Guardian, 20th April 2022

Source: www.theguardian.com

Competition watchdog probes Mitie over immigration centre contracts – The Independent

Posted March 4th, 2022 in competition, government departments, immigration, news, public procurement by sally

‘The UK competition regulator has launched an investigation into whether outsourcing firm Mitie Group has broken competition law in relation to a procurement process for immigration removal centre contracts run by the Home Office.’

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The Independent, 4th March 2022

Source: www.independent.co.uk

Competition watchdog accepts Google’s privacy changes – The Independent

Posted February 11th, 2022 in advertising, competition, consumer protection, data protection, internet, news, ombudsmen, privacy by sally

‘The competition watchdog has accepted proposed changes made by Google to the way it uses customer data.’

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The Independent, 11th February 2022

Source: www.independent.co.uk

Court of Appeal dismisses appeal over council waste collection and alleged state aid – Local Government Lawyer

Posted February 3rd, 2022 in competition, EC law, local government, news, state aids, waste by sally

‘Durham County Council did not abuse its position when it ran a commercial waste service with which private firms competed, the Court of Appeal has concluded.’

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Local Government Lawyer, 3rd February 2022

Source: www.localgovernmentlawyer.co.uk

UK watchdog to study music streaming amid claims of raw deal for artists and fans – The Guardian

Posted January 28th, 2022 in artistic works, competition, internet, news, ombudsmen by sally

‘The UK’s competition watchdog has launched an in-depth study into the booming music streaming market, to assess whether the big record labels and services such as Spotify hold “excessive power”, and whether artists and fans are getting a fair deal.’

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The Guardian, 27th January 2022

Source: www.theguardian.com

Mastercard fined £31.5m for operating cartel in pre-paid card market – The Independent

Posted January 18th, 2022 in competition, consumer credit, fines, news by sally

‘Mastercard is among five firms that have been fined £33m by regulators for operating cartels in which they agreed not to poach each others customers for pre-paid cards.’

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The Independent, 18th January 2022

Source: www.independent.co.uk

Meta faces billion-pound class-action case – BBC News

Posted January 14th, 2022 in appeals, class actions, competition, damages, data protection, internet, news, privacy by sally

‘Up to 44 million UK Facebook users could share £2.3bn in damages, according to a competition expert intending to sue parent company Meta.’

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BBC news, 14th January 2022

Source: www.bbc.co.uk

Class actions in England and Wales – OUT-LAW.com

Posted January 10th, 2022 in civil procedure rules, class actions, competition, news by sally

‘There has been a growing impetus in recent years to enable individuals in the UK to come together to bring the same or similar claims against those they believe are responsible for wrongdoing. These claims are commonly known as “class actions”, a term particularly popular in US litigation, though they are also often referred to as “group actions” or “collective actions” too. However, in fact, the various terms describe a range of different procedures. In this guide, which focuses on the position in England and Wales, we use the overarching phrase “mass actions”.’

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OUT-LAW.com, 7th January 2022

Source: www.pinsentmasons.com

First things first – Local Government Lawyer

Posted December 17th, 2021 in competition, damages, local government, news, public procurement, telecommunications by michael

‘Hot on the heels of Draeger Safety v London Fire Commissioner the High Court (Mr Justice Kerr) has again declined to lift the automatic suspension in a procurement dispute because an expedited trial was possible. As well as evidencing the court’s increased willingness to do so, the judgment in Vodafone Limited v (1) Secretary of State for Foreign, Commonwealth and Development Affairs; and (2) The British Council [2021] EWHC 2793 (TCC) contains some interesting observations on trials of preliminary issues in procurement disputes.’

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Local Government Lawyer, 17th December 2021

Source: www.localgovernmentlawyer.co.uk

Representative claimants generally entitled to CPO costs, tribunal rules – Law Society’s Gazette

Posted December 14th, 2021 in competition, costs, news, representative actions, tribunals by sally

‘Representative claimants in collective actions are generally entitled to recover the costs of obtaining a collective proceedings order (CPO), the Competition Appeal Tribunal has ruled. It ordered three train operators accused of overcharging passengers to make a £780,000 interim payment on account.’

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Law Society's Gazette, 13th December 2021

Source: www.lawgazette.co.uk

UK competition watchdog orders Facebook owner to sell gif website Giphy – The Guardian

Posted December 1st, 2021 in advertising, competition, internet, news, ombudsmen by sally

‘Facebook parent company Meta has been ordered by the UK competition watchdog to sell the gif creation website Giphy, the first time the regulator has moved to block a deal struck by one of the Silicon Valley giants.’

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The Guardian, 30th November 2021

Source: www.theguardian.com

Tribunal to decide on motorist class action lawsuit against shipping cartel – The Independent

Posted November 29th, 2021 in appeals, class actions, compensation, competition, news, tribunals by sally

‘Motorists who bought a new car between 2005 and 2015 will find out whether they should be able to automatically receive a payout from five of the world’s biggest shipping companies in a £150 million legal case. A three-day hearing at the Competition Appeal Tribunal in London begins on Monday, to decide whether a collective proceedings order (CPO) can be launched on behalf of UK consumers and businesses, which would see payouts on about 17 million vehicles.’

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The Independent, 29th November 2021

Source: www.independent.co.uk

English universities risk breaking law over offer withdrawals, say ministers – The Guardian

Posted November 29th, 2021 in competition, education, news, school children, universities by sally

‘Universities in England risk breaking competition laws if they add loopholes letting them withdraw offers from students at the last minute if courses are oversubscribed, ministers and regulators have told vice-chancellors.’

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The Guardian, 29th November 2021

Source: www.theguardian.com

Court puts squeeze on orange juice cartel damages claims – OUT-LAW.com

Posted November 22nd, 2021 in agriculture, class actions, competition, damages, food, foreign jurisdictions, jurisdiction, news by sally

‘A Brazilian company accused of being involved in an illegal cartel will not have to face mass damages claims in the UK after the High Court in London ruled that it does not have jurisdiction to consider the case.’

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OUT-LAW.com, 19th November 2021

Source: www.pinsentmasons.com