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parliment flags

On 9 December 2015, the Crown Commercial Service published important statutory guidance on the new subcontracting provisions under the Public Contracts Regulations 2015 (‘the PCRs’). The guidance is important as the sub-contracting rules found under Regulation 113 of the PCRs impose obligations on main contractors, in regard to their chosen sub-contractors. The guidance explores the new obligations being imposed on contracting authorities, including: requiring the main contractor to provide basic details on their immediate subcontractors (Subcontracting Regulation 71.(3)) including their –Read More–

On 3 December 2015, the Competition and Markets Authority (“CMA”) wrote an open letter to private medical practitioners in the UK stressing the importance of making independent commercial decisions and warning against unlawful collaboration with competitors. The open letter follows soon after the CMA’s finding in August 2015 that the Consultant Eye Surgeons Partnership (“CESP”) was responsible for creating anti-competitive pricing agreements across their extensive network of surgeons and medical partnerships; a decision which highlighted an evident lack of competition –Read More–

On the 8th December 2015, Qualcomm, the world’s largest supplier of smartphone chipsets, was publicly accused by the European Commission of abusing its dominant position in the markets for 3G and 4G baseband chipsets. This move by the Commission is significant as it follows a well established formula of the EU Commission taking on high profile cases against major global technology firms and follows the opening of an investigation into Qualcomm in July this year. This has again sparked accusations –Read More–

In July 2015, the French Competition Authority (“FCA”) took a look back at the year 2014, in a published Report, and pinpointed the magnitude of its powers to curb anti-competitive practices. As evidenced below, the data reported by the FCA testifies to the efficiency of less adverse and more preventive tools favored by the FCA such as the leniency programme — pursuant to which partial or total immunity may be granted to a company which comes forward to report an –Read More–

On the 3rd December 2015, the EU Commission called time yet again on EU Member States enticing multinationals to become resident through favourable tax treatments. It announced a public investigation into a multinational burger bar’s tax treatment by the state of Luxembourg, under the suspicion that Luxembourg was affording the multinational unlawful state aid through the favourable treatment. This investigation comes hot on the heels of similar recent investigations by the Commission into a multinational coffee chain in Holland and –Read More–

On 18 November 2015, the French Competition Authority (“FCA”) issued a press release announcing that it was putting an end to its investigation of the contractual practices of Adidas, one of the largest sporting goods manufacturers, as a result of Adidas’s change in its online sales policy. The FCA investigation, (which was carried out in coordination with its German counterpart), centered on the company’s 2012 prohibition for its selective distributors to distribute Adidas France products through multi-brand online “marketplaces”. These –Read More–