parliment flags

A key issue regulators are grappling with is what antitrust liability can attach to retailers who use price matching software or other algorithms to match competitors’ online prices? In a speech made on 16 March 2017, the EU’s Commissioner for Competition, Margrethe Vestager, confronted the growing issue of the use of price matching software (PMS) and algorithms. The Commissioner singled out automated systems that monitor and even adjust prices automatically across the internet as a main area of concern for –Read More–

On Monday 20 March 2017, the UK Competition and Markets Authority (CMA) announced a campaign to encourage whistle-blowers to come forward and expose cartels. The campaign is going to target social media and key websites. It is part of the CMA’s renewed focus on enforcement and comes as the CMA attempts to educate the general public of the harm of cartels. Most strikingly, the campaign also acknowledges that the CMA is willing to give cash rewards of up to £100,000 –Read More–

We are used to companies being fined for cartels acting undercover to agree on prices or other market parameters. What about companies openly agreeing together through a joint venture company? On November 8, 2016, the French Supreme Court (Cour de cassation) overruled a decision of the Court of Appeal of Paris regarding horizontal agreements set up among French millers through two joint venture companies for the purpose of co-marketing their products, one of which sold flour to the retail industry, –Read More–

Those aficionados of the silver screen will remember comedians Laurel and Hardy and in particular their catchphrase ‘Well here’s another nice mess you’ve gotten me into’. Well that seems to be an appropriate ‘epitaph’ for the challenges and issues that UK procurement legislation faces after Brexit. Most of the complex laws and regulations around the tendering of major public contracts derive from EU law. Removing the supremacy of EU law and the binding nature of the Court of Justice of –Read More–

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