parliment flags

On 28 June 2018, the UK Competition and Markets Authority (CMA) announced that it has applied to the Competition Appeal Tribunal (CAT) for permission to appeal against the CAT’s judgment on appeals by Pfizer and Flynn against the CMA decision fining them for abusing their dominant positions by charging unfair and excessive prices for phenytoin sodium capsules. On 7 June 2018, the CAT handed down a judgment in which it concluded the CMA’s conclusions on abuse of dominance were in –Read More–

The UK’s Competition and Markets Authority (“CMA”) announced on 28th June 2018 that it is taking enforcement action against several hotel booking sites over potential breaches of consumer protection law. The CMA has not named the companies involved in its investigation The CMA states in its press release ( https://www.gov.uk/government/news/cma-launches-enforcement-action-against-hotel-booking-sites) that its investigation, which began in October 2017, has identified widespread concerns, including: Search results: how hotels are ranked, e.g. the extent to which search results are influenced by factors –Read More–

Increasingly the government is looking to the private sector for innovate ideas in the delivery of public infrastructure. Notably the Department for Transport’s (DfT) “Rail Market Led Proposals – Call for Ideas” paper published in March of this year calls for ideas to develop projects to upgrade and transform rail infrastructure and operation but are they compatible with EU procurement law and how is valuable IPR protected? Market Led Proposals “Market Led Proposals”, such as those being requested by the Department –Read More–

The recent decision by the US Government to pull out of the Joint Committee Plan of Action (JCPOA) and to re-impose sanctions against Iran poses a difficult question for companies in Europe (including subsidiaries of US companies): if they continue business in Iran, will they face enforcement action or imposition of secondary sanctions from the Office of Foreign Assets Control (OFAC)? However, the pressure of this question may increase if the EU introduces measures to prohibit the application of US –Read More–

On 7 June 2017, the Competition Appeal Tribunal (“CAT”) set aside parts of the Competition & Market Authority’s (“CMA”) decision in relation to the CMA’s finding that Pfizer and Flynn charged excessive and unfair prices for phenytoin sodium capsules and referred the matter back to the CMA for reconsideration. In doing so, the CAT also quashed the CMA’s record fines of nearly £90 million which it had imposed on Pfizer and Flynn. In December 2016, the CMA issued an infringement –Read More–

The Antitrust Division of the United States Department of Justice (“DOJ”) recently announced that it will spearhead an effort to create a new international antitrust enforcement framework.1  At a June 1st discussion before the Council of Foreign Relations, Makan Delrahim, Assistant Attorney General for the Antitrust Division, indicated that the DOJ, in conjunction with U.S. Department of State, the Federal Trade Commission, and other antitrust competition agencies around the world will launch what has been dubbed the Multilateral Framework on –Read More–

Over the last year, we have noted an increased crackdown by competition agencies on so-called “gun jumping” – that is, the implementation of a merger before mandatory merger clearances are received. On 31 May 2018, the European Court of Justice (“ECJ”) provided an important clarification on the scope of the gun jumping prohibition under EU merger control and held that steps taken by businesses subject to a merger review that do not give the purchaser any control over the target –Read More–

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