parliment flags

The UK Competition and Markets Authority (“CMA”) has published new commentary to inform companies on how it assess retail mergers. The commentary should be read by any retailer considering merging with a competitor in the UK. On 10 April 2017, the CMA published new commentary on how they will assess retail mergers. The commentary is an update to a 2011 publication by the then Office of Fair Trading. The CMA felt that it had assessed a lot of retail mergers –Read More–

Critics of the EU referendum result in June last year likened the vote by the U.K. to leave the European Union as the “apocalyptical” opening of Pandora’s box. But whilst the predictions of doom and gloom for the U.K. economy have not materialized (or at least …yet) there is something about the U.K.’s tortuous journey out of the European Union which never fails to surprise. The country spent over six months debating whether the government or Parliament had the authority –Read More–

Is BT a service provider, or an infrastructure owner? Failure to properly deal with this question during its privatisation in 1984 has been a source of numerous allegations by rivals about margin squeeze and unfair cross subsidisation, particularly over unbundling the local loop. True and effective competition within the UK telecoms market is not possible without a network in third party ownership. Ofcom’s proposals In July 2016, Ofcom set out its competition concern that BT has the ability and incentive –Read More–

One of the advantages of Brexit is that the UK will be free to agree its own trade deals with the rest of the world for the first time in nearly 50 years. However, until the UK formally leaves the European Union the EU Commission in Brussels has exclusive competence to negotiate trade deals on behalf of the European Union. So whilst the UK can commence trade talks, it is not allowed under its international treaty obligations with the other –Read More–

On January 12, 2017, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ), collectively the “Agencies” issued an update to the 1995 Antitrust Guidelines for the Licensing of Intellectual Property (IP) (the 2017 Guidelines and the 1995 Guidelines, respectively). The 1995 Guidelines set forth the Agencies’ analytical framework on how it assessed the antitrust ramifications of IP-related actions. The 2017 Guidelines incorporate changes, from the past twenty years, in regulations, antitrust jurisprudence, the Agencies’ –Read More–

On January 13, 2017, the U.S. Federal Trade Commission (“FTC”) and the Antitrust Division of the U.S. Department of Justice (“DOJ,” collectively the “U.S. Agencies”) issued an update to the 1995 Antitrust Enforcement Guidelines for International Operations (the “2017 Guidelines and the “1995 Guidelines,” respectively). The 1995 Guidelines set out for international businesses the U.S. Agencies’ international antitrust/competition law enforcement policy, including but not limited to how it cooperates with other antitrust/competition law authorities and how it utilizes its investigative –Read More–

A Portuguese Court has asked the European Court of Justice (ECJ) to provide guidance on when “discriminatory pricing applied to equivalent transactions” amounts to an abuse of a dominant positon under Article 102 (c) TFEU. Is it enough that discriminatory pricing is proved on the facts or does the Court need to consider whether the effects of the discriminatory behaviour in question place the aggrieved party at a competitive disadvantage to make out the offence? The court also asked that –Read More–

Compare and contrast the current excessive pricing debates occurring in the US with those in the UK. In both markets, pharmaceutical firms are being berated for double, triple and even quadruple digit rises in the prices of drugs, often after government price controls come to an end. In the US there is the news that a pinworm treatment has risen to the equivalent of 200 times the current UK price, after a cheap generic product was taken off the market –Read More–

The classification of software has long been a thorny issue for software companies who employ agents to sell their programs. The importance of the classification is that it may determine whether the Commercial Agents Regulations 1993 apply in the UK. These regulations are based on the EU Commercial Agents Directive 86/653/EC. The Regulations could significantly increase the costs of selling through agents by dictating mandatory termination payments for agents. The industry has long clung to dated case law which erred –Read More–

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