The Court of Appeal of England and Wales upholds the CMA’s finding that a single exchange of pricing information is sufficient for a "by object" infringement (Balmoral)

ONE-TIME INFORMATION EXCHANGE SUFFICIENT – A RECENT REMINDER IN THE UK* The UK’s Competition and Markets Authority (“CMA”) recently welcomed the Court of Appeal’s dismissal of a challenge brought against a decision of the Competition Appeal Tribunal (“CAT”) by Balmoral, a supplier of steel water tanks. The CMA had fined Balmoral £130,000 in December 2016 for a single exchange of pricing information which, in the particular context, was regarded as a ‘by object’ infringement of competition law. The judgment reiterates the stringent approach the CMA will take towards exchanges of commercially sensitive information, whilst also raising broader questions as to the most appropriate assessment of related infringements. Background In July 2012, Balmoral was invited to attend a meeting by

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Matthew Levitt, David Cardwell, Dina Jubrail, The Court of Appeal of England and Wales upholds the CMA’s finding that a single exchange of pricing information is sufficient for a "by object" infringement (Balmoral) , 15 February 2019, e-Competitions Bulletin February 2019, Art. N° 89774

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