parliment flags

It is settled law that the fact that a subsidiary has separate legal personality is not sufficient to exclude the possibility of its anti-competitive conduct being imputed to the parent company. The European Court of Justice (“CJEU“) has created a rebuttable presumption to the effect that a parent company holding substantially all of its subsidiary’s shares is presumed to control the latter’s decisions (CJEU, Oct. 25, 1983, case 107/82, AEG; CJEU, Sept. 10, 2009, case 97/08, Akzo Nobel; CJEU, Sept. 10, 2011, –Read More–

The Supreme Court decided last year in Nuclear Decommissioning Agency v Energy Solutions EU Ltd [2017] UKSC 34 (“the NDA case”) that a claimant no longer had an automatic right to damages for a breach of the public procurement rules. Instead the Supreme Court imposed a “sufficiently serious” requirement for a breach to entitle a party to damages using the Court of Justice of the European Union ruling in Francovitch (Case C-479/93 Francovitch (1995)) as a justification for its stance. –Read More–

The Competition and Markets Authority (CMA), the principal UK competition regulator, maintains a register of competition law advisory and warning letters it sends to businesses it believes could be breaching competition law. On 12 February 2018, the CMA announced that it had updated its competition law advisory and warning letters register. The subject of these letters and the sectors upon which they focus provide an interesting insight into the type of practices and the industries the CMA has in its –Read More–

On 6 February 2018, the EU Commission announced that it had accepted a referral request from a number of EU countries to assess Apple’s acquisition of Shazam, a UK based developer and distributor of music recognition software. Does this acquisition represent the latest example of tech companies buying their likely future competitors? We reported in December 2017 how the German Federal Cartel Office (FCO) issued a press release alleging that Facebook had abused its dominant position on the market for –Read More–