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A recent High Court case has provided guidance on the circumstances in which a contracting authority can award further contracts to a contractor without the need to re-advertise the procurement under the EU procurement rules. It will help shape the scope contracting authorities have in arguing that the addition of further work does not constitute a material variation to the original procurement. Although the new public procurement regulations (due to come into force in the UK later this year) will –Read More–

On 26 January 2015, the Export Control Organisation (“ECO”) of the UK’s Department of Innovation & Skills (“BIS”) issued a reminder that the deadline for holders of Open General and Open Individual Export Licences to file the first annual report of activity under certain of these open licenses is the end of January 2015. Holders of these open licenses will no doubt already be aware of the reporting requirement, which was mandated under the UK’s Strategic Export Control Transparency Initiative –Read More–

On Thursday 29 January at 2pm EST, Bryan Cave will be running an FCPA enforcement webinar. The webinar will include a short primer on the FCPA before discussing enforcement trends over the past year and how they affect your compliance programme. Further details including panelists and sign up details can be found by following this link.  

On the 26 January 2014, the CMA released a statement praising the High Court’s decision to reject appeals by supermarket Somerfield (now part of the Co-op group) and tobacco giant Gallagher concerning their payment of fines. The fines were originally levied by the CMA’s predecessor, the OFT, against Somerfield and Gallagher (amongst others) over agreements regarding the retail price of cigarettes. In these agreements, it was alleged that there was price collusion when the price of cigarettes was linked to –Read More–

On 21 January 2015, Ofgem, the UK energy regulator, announced that it was investigating Scottish and Southern Energy (SSE) to determine whether the provider had abused a dominant position and put its competitors at a disadvantage in the electricity connections market. What is special about this particular investigation is that SSE are being investigated for an abuse of dominance under Article 102 of the TFEU, that being a competition law offence, rather than the normal route of market participants being –Read More–

Continuing the Uber legal saga, the Paris Commercial Court was called upon in summary proceedings in November 2014 to decide whether UberPop competes unfairly with rivals such as taxis and French chauffeured cars (VTCs). VTC associations, joined by the voluntary intervention of taxi unions, sought an injunction from the Commercial Court to stop UberPop activities as soon as possible and to impose a penalty in case of non-compliance which “to have a deterrent effect, cannot be less than 250,000 euros –Read More–

On 15 January 2015, Ofcom announced that it had sent a draft pricing rule to the European Commission made under its “ex ante” regulatory powers rather than competition law. The rule would mean that BT, as the former national telecoms company and owner of much of the infrastructure, would have to maintain a sufficient margin between its wholesale and retail superfast broadband charges to allow competitors such as TalkTalk and Sky to compete. What this means is that if BT –Read More–

On the 30 December 2014, the Dutch Authority for Consumers and Markets announced that it had fined CVC Capital Partners and Bencis Capital Partners for their ownership of Dutch flour producer Meneba. Meneba had been convicted of participation in a price and output limiting cartel between the years 2001 and 2007. The case is significant as it is the second major instance of a private equity firm being fined for ownership of an infringing portfolio company after the EU Commission –Read More–

On the 21 January, in this live one hour webinar, Rebecca Nelson & Robert Bell will review and discuss the implications of the recent merger control / antitrust reforms and enforcement trends. The webinar will cover: The EU Commission’s plans to extend the EU Merger Regulation to the acquisition of non-controlling minority shareholdings. A review of the EU Antitrust implementing regulation, Council Regulation No 1/2003 proposing convergence of National Competition Authorities investigation decision-making powers and procedures including fines and a –Read More–