parliment flags

The UK Competition and Markets Authority (“CMA”) continues to focus its attention on resale price maintenance particularly where it relates to minimum advertised prices (MAP) on on-line sites. The CMA has a history of targeting this type of behaviour . Minimum advertised prices are generally permitted under US Antitrust law. This case highlights how careful companies, particularly US companies, have to be in relation to their distribution strategies in Europe. On 28 January 2016, issued Statements of Objections (“SOs”) to –Read More–

On 20 January 2016, in what Uber termed as “a victory for common sense” , Transport for London (“TFL”) surrendered to its critics and abandoned the majority of the proposed measures it put forth in its September 2015 Consultation paper aimed at reforming the rules concerning private hire operators, private hire drivers, private hire insurance, and private hire licensing. Since March 2015, TFL has been conducting a wide-ranging review into private hire vehicle regulations. As we reported in our previous –Read More–

On the 20 January 2016, the European Court of Justice (ECJ) handed down its ruling on a preliminary reference made by the Italian Council of State on the relationship between EU and national member state leniency applications for cartel activity. The matter involved the air freight forwarding cartel, and the legal matters in dispute date back to actions taken in 2007-2008. In June 2007, a member of that cartel, approached both the Italian Competition Authority and the European Commission, seeking –Read More–

On the 18 December 2015, the UK Office of Rail and Road (“ORR”) formally accepted commitments from one of the UK’s leading providers of Deep Sea Container (“DSC”) rail transport services, which reportedly “fully address its competition concerns”. The ORR, the UK’s independent regulator and monitor of railways and highways, received complaints of allegedly anti-competitive behaviour and an abuse of dominance on 17 June 2014 in relation to DCS’s arrangements with customers for the supply of its transport services. The ORR launched –Read More–

On 16 December 2015, the General Court of the European Union overturned the European Commission’s 9 November 2010 Airfreight decision (Case C.39258) and, in doing so, annulled one of the largest fines imposed in EU history. If the General Court’s decision is not appealed by the Commission, or if the appeal is not overturned, it will have considerable cost implications for claimants that have launched follow-on damages actions before the English courts and elsewhere. These cases would have relied upon –Read More–

Earlier this month, the UK’s competition watchdog, the Competitions and Markets Authority (“CMA“), criticised Transport for London’s (“TFL“) proposed new rules for private hire vehicle companies, which would impose significant restrictions and burdens on companies such as Uber. Since March 2015, TFL has been conducting a wide-ranging review into private hire vehicle regulations and entering into consultations. In its September 2015 Consultation paper, TFL lay down twenty-five suggested measures which seek to reform the rules concerning private hire operators, private –Read More–

On the 16 December 2015, the Supreme Court overturned a decision of the Court of Appeal and held that the Competition and Markets Authority (CMA) had the power to subject the acquisition of the former SeaFrance Dover-Calais ferry business by Eurotunnel to merger control, even though Eurotunnel had only acquired the assets of the business out of liquidation. The ability to subject the acquisition to merger control meant that the CMA had the power to oppose the acquisition and impose –Read More–