UK Competition law & Digital markets

Foreword UK Competition law & Digital markets: An overview of national case law

What to say in an introduction to such a timely and comprehensive set of Concurrences updates of competition law developments in the UK - other than suggest very strongly, that you read them all. As with most jurisdictions, the enforcement agency - the Competition and Markets Authority (CMA) - is the main actor. However, this past year has really been one of strong collaboration with concurrent regulations and government departments. The greatest cooperation with concurrent regulators is truly in the digital space, including a new Digital Regulation Cooperation Forum, bringing in telecoms, financial services and privacy concerns into a collaborative space. This foundation of cooperation among agencies bodes well for the bedding down and implementation of the eventual new ex ante pro-competitive regulation in the UK.

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Charles River Associates International (CRA) (London)
United States 6 contributions 15645 visits

General antitrust

 The UK Government proposes radical reforms to the enforcement of competition law in digital markets with the introduction of the Digital Markets, Competition and Consumers Bill to the Parliament
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
New Bill to crack down on rip-offs, protect consumer cash online and boost competition in digital markets* New powers unveiled aimed at boosting competition, clamping down on subscription traps and fake reviews. New powers aimed at boosting competition in digital markets currently dominated (...)

The UK Competition Authority publishes a report on the music streaming sector and finds that consumers have benefitted from digitisation and competition between music streaming services
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
Music streaming report published* The CMA has concluded its independent study into the music streaming market. The Competition and Markets Authority (CMA) has published its final report and found that consumers have benefited from digitisation and competition between music streaming (...)

The UK Competition Authority plans a market investigation into mobile browsers and cloud gaming (Apple / Google)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
Apple and Google “hold all the cards” with interventions needed to give innovators and competitors a fair chance to compete in mobile ecosystems CMA plans market investigation into mobile browsers and cloud gaming* The Competition and Markets Authority (CMA) is consulting on the launch (...)

The UK Competition Authority publishes code of conduct advice for Big Tech platforms and publishers
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA publishes code of conduct advice for platforms and publishers* Big tech companies should agree fairer deals with online publishers in order to use their content, according to the UK’s competition watchdog. The Competition and Markets Authority (CMA) has today published its joint advice (...)

The UK Government publishes its proposals for a new pro-competition regime in digital markets
Herbert Smith Freehills (London)
United Kingdom 45 contributions 9669 visits
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Herbert Smith Freehills (London)
United Kingdom 14 contributions 3080 visits
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Herbert Smith Freehills (London)
United Kingdom 60 contributions 21720 visits
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On 6 May 2022 the UK government published its response to the July 2021 consultation on a new pro-competition regime for digital markets (see our blog post here), setting out its proposals for the design of a new regime to proactively shape the behaviour of the most powerful technology firms (...)

The UK Competition Authority publishes a discussion paper and accompanying evidence review on "online choice architecture"
Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 14 contributions 3353 visites
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 5 contributions 2170 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 6 contributions 1014 visits
Introduction The UK Competition and Markets Authority (CMA) has recently published a Discussion Paper and accompanying Evidence Review on “Online Choice Architecture” (OCA). This provides a helpful overview of the CMA’s approach to analysing choice architecture, recognising that some (...)

The UK Competition Authority publishes its responses to two Government consultations on reforming competition policy and on adopting a new pro-competition regime for digital markets
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA welcomes government proposals on new powers* The CMA has responded to the government’s proposals to enhance its ability to tackle breaches of competition and consumer law and empower the Digital Markets Unit (DMU). Changes would see the CMA given the power to declare companies in breach (...)

The UK Government consults on proposed powers for the recently launched Digital Markets Unit
Hogan Lovells (London)
United Kingdom 14 contributions 4596 visits
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Hogan Lovells (London)
United Kingdom 4 contributions 1869 visits
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Covington & Burling (London)
United Kingdom 19 contributions 11730 visits
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The UK Government is consulting on proposed powers for the recently launched Digital Markets Unit. This is a significant juncture in the reconfiguration of the post-Brexit regulatory landscape, marked by a determination to be a world leader in the regulation of digital markets. This (...)

The UK Government publishes a consultation on its proposals for a competition regime for digital markets
Herbert Smith Freehills (London)
United Kingdom 45 contributions 9669 visits
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Herbert Smith Freehills (London)
United Kingdom 14 contributions 3080 visits
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Herbert Smith Freehills (London)
United Kingdom 60 contributions 21720 visits
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On 20 July 2021 the government published a consultation on its proposals for a new pro-competition regime for digital markets. The proposals are based on the recommendations set out in the Furman Review, the CMA’s final report of its market study into online platforms and advertising and the (...)

The UK Government publishes consultations on far-reaching reforms to competition and consumer laws which would substantially expand the powers of the Competition Authority and reduce procedural protections
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 62 contributions 28822 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 69 contributions 33345 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 79 contributions 60744 visits
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The U.K. government is consulting on far-reaching reforms to U.K. competition and consumer laws, which would substantially expand the powers of the Competition and Markets Authority (CMA) and reduce procedural protections. Key proposals include: Merger control jurisdiction enlarged: The CMA (...)

The UK Government consults on the new digital competition regime and the establishment of the Digital Markets Unit
Bird & Bird (London)
United Kingdom 4 contributions 481 visits
Further to the UK Government’s plans, announced at the end of 2020, to set up a new digital competition regime, (summarized in our earlier article Anthony Rosen, The EU Commission and UK Government publish ground-breaking proposals which threaten to revolutionize the governance of digital (...)

The UK Government publishes proposals for a new regulatory regime for digital markets alongside accompanying consultation documents
Covington & Burling (London)
United Kingdom 16 contributions 4073 visits
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Covington & Burling (London)
United Kingdom 5 contributions 1160 visits
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Covington & Burling (London)
United Kingdom 5 contributions 2092 visits
On 20 July 2021, the UK Government’s Department for Digital, Culture, Media & Sport (“DCMS”) and Department for Business, Energy & Industrial Strategy (“BEIS”) published proposals for a new regulatory regime for digital markets alongside accompanying consultation documents (the (...)

The UK Competition Authority and the Information Commissioner’s Office publish a joint statement setting out their shared views on the relationship between competition and data protection in the digital economy
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
ICO and CMA set out blueprint for cooperation in digital markets* The Information Commissioner’s Office (ICO) and the Competition and Markets Authority (CMA) have published a joint statement, setting out their shared views on the relationship between competition and data protection in the (...)

The UK Competition Authority launches the Digital Markets Unit to introduce, maintain and enforce a code of conduct regulating the provision of digital and online services
Ashurst (London)
United Kingdom 35 contributions 17182 visits
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Ashurst (London)
United Kingdom 22 contributions 4529 visits
On 7 April 2021, the Digital Markets Unit ("DMU") was launched within the Competition and Markets Authority ("CMA"). The DMU will, in the future, be tasked with oversight of the UK’s new digital regulatory regime, with powers and duties enshrined in legislation. Key takeaways The DMU has (...)

The UK Competition Authority launches its Digital Markets Unit to boost and regulate online competition
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
New watchdog to boost online competition launches* A tough new regulator to help make sure tech giants such as Facebook and Google cannot exploit their market dominance to crowd out competition and stifle innovation online has launched. Digital Markets Unit begins work marking major (...)

The UK Government launches the Digital Markets Unit as the first step towards an unashamedly pro-competition regime focused on the position of Big Tech
Hogan Lovells (London)
United Kingdom 4 contributions 1283 visits
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Hogan Lovells (London)
United Kingdom 14 contributions 4596 visits
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Hogan Lovells (London)
United Kingdom 4 contributions 1869 visits
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The UK Government has launched the much anticipated Digital Markets Unit (DMU) as a first step towards an “unashamedly pro-competition" regime focused on the position of “tech giants”. The DMU will, however, initially lack its own enforcement powers and there is still a lot to play for in (...)

The UK Competition Authority launches the Digital Markets Unit to look into Big Tech firms’ potential anticompetitive practices
Hausfeld (Washington)
États-Unis 2 contributions 255 visites
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Hausfeld (London)
Royaume-Uni 11 contributions 1674 visites
The UK Government has launched the long-awaited Digital Markets Unit (DMU) to “help make sure tech giants such as Facebook and Google cannot exploit their market dominance.” The DMU, based in the Competition Markets Authority (CMA), kicked off its work in shadow, non-statutory form on 7 April (...)

The UK Competition Authority announces the first work plan for digital markets
Ashurst (London)
United Kingdom 35 contributions 17182 visits
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Ashurst (London)
United Kingdom 22 contributions 4529 visits
On 10 March 2021, the Digital Regulation Cooperation Forum ("DRCF") published its first annual plan of work for 2021/22. The plan of work establishes a road map for how the Competition and Markets Authority ("CMA"), the Office of Communications ("Ofcom") and the Information Commissioner’s (...)

The UK Parliament publishes an independent report on the state of national competition law
Cleary Gottlieb Steen & Hamilton (London)
Belgium 32 contributions 38732 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 27 contributions 8951 visits
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Gunnercooke (London)
4 contributions 595 visits
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On 16 February 2021, John Penrose MP published an independent report on improving competition and consumer protection in the UK (the Report). It finds that the UK’s competition and consumer regime “has a good reputation, but not a great one”; progress on “cutting the costs of red tape” has (...)

The UK Parliament publishes proposals for a radical overhaul of the national competition regime following Brexit
Covington & Burling (London)
United Kingdom 16 contributions 4073 visits
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Covington & Burling (London)
United Kingdom 5 contributions 2092 visits
On 16 February, John Penrose MP published his long-awaited report into the UK’s competition regime. Penrose was tasked by the UK Government with reviewing how the UK’s competition regime can: Play a central role in meeting the challenges of the post COVID-19 economy and in driving recovery. (...)

The UK Competition Authority and the EU Commission seek views from stakeholders on the Vertical Block Exemption Regulation
Bird & Bird (London)
United Kingdom 19 contributions 3560 visits
The current Vertical Agreement Block Exemption Regulation (VBER) and its accompanying guidelines provide the framework of competition law regulation for suppliers and distributors across the EU. It is due to expire in May 2022. The VBER was retained into UK law following Brexit ensuring (...)

The UK Competition Authority publishes an updated version of its Digital Markets Strategy
Ashurst (London)
United Kingdom 35 contributions 17182 visits
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Ashurst (London)
United Kingdom 22 contributions 4529 visits
On 9 February 2021, the UK Competition and Markets Authority ("CMA") published a ’refresh’ of its Digital Markets Strategy, which was first published in July 2019. The updated strategy takes into account recent policy developments, including the forthcoming launch of the Digital Markets Unit (...)

The UK Competition Authority publishes a paper on the impact of algorithms on competition in digital markets and consumer welfare
Morgan Lewis (London)
United Kingdom 27 contributions 10140 visits
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Morgan Lewis (London)
United Kingdom 28 contributions 16527 visits
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Hausfeld (London)
United Kingdom 5 contributions 1160 visits
The UK’s Competition and Markets Authority (CMA) published a paper on 19 January on the impact of algorithms on competition in digital markets and consumer welfare. The CMA followed up its paper with a call for evidence from market participants, academics, and industry experts, and with a (...)

The UK Competition Authority publishes new research on algorithms showing how they can reduce competition in digital markets
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA lifts the lid on impact of algorithms* The CMA has published new research on algorithms, showing how they can reduce competition in digital markets and harm consumers if they are misused. The Competition and Markets Authority (CMA) is now seeking evidence from academics and industry (...)

The UK Competition Authority publishes a report into algorithms and their harm to consumers and competition law
Bird & Bird (London)
United Kingdom 19 contributions 3560 visits
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Bird & Bird (London)
United Kingdom 28 contributions 3669 visits
The impact algorithms continue to have on market dynamics has been under scrutiny by competition authorities around the world in recent years. On 19 January 2021, the CMA published a report, following its investigation into algorithms and their potential harms on competition law. The paper (...)

The UK Competition Authority proposes a national competition regime for large tech firms
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 62 contributions 28822 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 79 contributions 60744 visits
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Skadden, Arps, Slate, Meagher & Flom (London)
United Kingdom 27 contributions 8238 visits
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The U.K. Competition and Markets Authority (CMA) has advised the U.K. government to create additional competition rules for large tech firms and platforms: Large tech firms considered to have “strategic market status” (SMS) should be subject to an enforceable code of conduct to prevent (...)

The UK Competition Authority consults on its annual plan for 2021/2022
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
The CMA is consulting on its Annual Plan for 2021/22.* The Competition and Markets Authority (CMA) has outlined the key areas on which it expects to focus in the coming year, including its ongoing commitment to protect UK consumers during the unprecedented circumstances of the coronavirus (...)

The UK Government announces the establishment of a Digital Markets Unit within the CMA to regulate tech companies
Government Legal Department (London)
United Kingdom 18 contributions 2555 visits
On 27 November 2020, the UK Department for Business, Energy & Industrial Strategy and the Department for Digital, Culture, Media & Sport announced the creation of a Digital Markets Unit within the Competition and Markets Authority (“CMA”) which, from April 2021, will introduce and (...)

The UK Government announces its intention to establish a dedicated Digital Markets Unit to protect competition in respect of digital platforms
Hogan Lovells (London)
United Kingdom 4 contributions 1283 visits
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Covington & Burling (London)
United Kingdom 19 contributions 11730 visits
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Hogan Lovells (London)
United Kingdom 1 contribution 81 visits
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The United Kingdom and the European Union are set to take bold strides towards the regulation of digital markets in coming months. While both are broadly aligned in their intention to better regulate large tech companies, the extent to which their post-Brexit regulatory approaches might (...)

The UK Government announces a new competition regime for tech giants with more data control for consumers, more online promotion opportunities for small businesses, more balance for publishers, and a new Digital Markets Unit to oversee it all
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
New competition regime for tech giants to give consumers more choice and control over their data, and ensure businesses are fairly treated* A dedicated Digital Markets Unit will be set up to introduce and enforce a new code to govern the behaviour of platforms that currently dominate the (...)

The UK Competition Authority welcomes the Government’s response to its online platforms and digital advertising market study
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA welcomes government response to digital advertising study* The CMA has welcomed the UK Government’s response to its online platforms and digital advertising market study. The government has today accepted, in principle, the findings of the Competition and Markets Authority’s (CMA) (...)

The UK Government responds to the Competition Authority’s final report on its inquiry on online platforms and digital advertising
Bird & Bird (London)
United Kingdom 4 contributions 481 visits
The Government has decided to move ahead with the establishment of the Digital Markets Unit (DMU) and the adoption of an enforceable code of conduct to tackle digital markets (Digital Code). These measures are designed to support the establishment of a new pro-competitive regime for digital (...)

The UK Competition Authority publishes a full infringement decision on the imposition of wide MFN clauses by a price comparison website (ComparetheMarket)
Bird & Bird (London)
United Kingdom 28 contributions 3669 visits
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Bird & Bird (London)
United Kingdom 19 contributions 3560 visits
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Goodwin (London)
United Kingdom 4 contributions 717 visits
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Having fined Compare The Market (‘CTM’) £17.9 million for imposing wide ‘most favoured nation’ (‘MFN’) clauses in its agreements with home insurance companies, on 9 February 2021 the Competition and Markets Authority (‘CMA’) released the non-confidential version of its infringement decision. (...)

The UK Competition Authority accepts the commitments by a major photo-sharing platform to tackle hidden advertising by social media influencers (Instagram)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
Instagram to tackle hidden advertising after CMA action* Following CMA action, Instagram will do more to prevent hidden advertising on its app and website, signalling an important behaviour shift by a major platform. Facebook Ireland Ltd, which operates Instagram in the UK, has committed (...)

The UK Competition Authority publishes its final report on online platforms and digital marketing and calls for a new pro-competitive regulatory regime
Van Bael & Bellis (Brussels)
Belgium 62 contributions 15416 visits
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Linklaters (London)
United Kingdom 34 contributions 3294 visits
On 1 July 2020, the UK’s Competition and Markets Authority (“CMA”) published its final report on its year-long market study into online platforms and the digital advertising market in the UK. The CMA found that existing competition law tools are not suitable for ensuring effective competition (...)

The UK Competition Authority publishes a statement outlining a series of regulatory initiatives aimed at tech giants
Shearman & Sterling (London)
United Kingdom 23 contributions 14337 visits
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Shearman & Sterling (London)
United Kingdom 30 contributions 14365 visits
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European Commission - DG COMP (Brussels)
Belgium 13 contributions 11089 visits
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On 1 July 2020, the U.K. Competition and Markets Authority (CMA) published a statement outlining a series of regulatory initiatives aimed at Google and Facebook, focused on digital advertising. This follows the release of the CMA’s report on digital advertising and online platforms the same (...)

The UK Competition Authority publishes a series of regulatory initiatives aimed at online platforms focused on digital advertising and signals a new path for a UK clampdown on Big Tech due to the current inadequate competition law toolkit
Shearman & Sterling (London)
United Kingdom 23 contributions 14337 visits
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Shearman & Sterling (London)
United Kingdom 30 contributions 14365 visits
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European Commission - DG COMP (Brussels)
Belgium 13 contributions 11089 visits
On 1 July 2020, the U.K. Competition and Markets Authority (CMA) published a statement outlining a series of regulatory initiatives aimed at Google and Facebook, focussed on digital advertising. This follows the release of the CMA’s report on digital advertising and online platforms the same (...)

The UK Competition Authority calls for a new regime regulating tech giants
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
New regime needed to take on tech giants* The CMA is calling on the government to introduce a new pro-competition regulatory regime to tackle Google and Facebook’s market power. The dynamic nature of digital advertising markets and the types of concerns identified by the Competition and (...)

The UK Competition Authority seeks a new regulatory regime for digital markets following its market study
Ashurst (London)
United Kingdom 35 contributions 17182 visits
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ADNOC Group (Abu Dhabi)
United Arab Emirates 29 contributions 5554 visits
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Ashurst (London)
United Kingdom 22 contributions 4529 visits
On 1 July 2020, the UK Competition & Markets Authority ("CMA") published its final report following a 12-month market study into online platforms and digital advertising in the UK (the "Final Report"). The Final Report concludes that, due to the dynamic nature of digital advertising, (...)

The UK Competition Authority issues its annual plan for 2020/2021 which aims to give clarity to the Competition Authority’s objectives for the next year and clarifies its position during the social and economic turmoil caused by the COVID-19 outbreak
Jones Day (London)
United Kingdom 18 contributions 3406 visits
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Covington & Burling (London)
United Kingdom 19 contributions 11730 visits
The UK Competition and Markets Authority ("CMA") recently issued its Annual Plan for 2020/2021, which aims to give clarity to the CMA’s objectives for the next year. The report acknowledges that its publication comes out at a time of massive social and economic turmoil caused by the COVID-19 (...)

The UK Competition Authority releases an interim report on its market study into online platforms and digital advertising
Hausfeld (London)
United Kingdom 8 contributions 2074 visits
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Hausfeld (London)
Royaume-Uni 11 contributions 1674 visites
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Meta (Dublin)
Ireland 2 contributions 266 visits
The UK’s Competition and Markets Authority (“CMA”) released its much anticipated interim report (the “Interim Report”) on its market study into online platforms and digital advertising (the “Market Study”) on 18 December 2019, following the publication of its statement of scope in July 2019 (...)

The UK Competition Authority publishes an interim report on its market study of online platforms and digital advertising
Simmons & Simmons (London)
United Kingdom 13 contributions 3226 visits
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Herbert Smith Freehills (Brussels)
Belgium 121 contributions 74430 visits
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Herbert Smith Freehills (London)
United Kingdom 60 contributions 21720 visits
In July this year the CMA launched its digital markets strategy, which sets out how the CMA will continue to protect consumers in rapidly developing digital markets. A key element of this strategy was the launch of a market study into online platforms and digital advertising and the CMA has (...)

The UK Competition Authority launches a new market study in a bid to keep pace with the fast-moving digital economy
White & Case (London)
United Kingdom 27 contributions 13838 visits
On 3 July 2019, the Competition & Markets Authority (’CMA’) announced a new Digital Markets Strategy, which sets out the watchdog’s new "road map" for policy development in a bid to keep pace with a rapidly developing digital marketplace. At the same time, and as part of its focus in this (...)

The EU Commission opens an in-depth investigation into UK statutory rules exempting some financing incomes earned by foreign subsidiaries
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 12 contributions 5488 visits
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Steptoe & Johnson (London)
United Kingdom 4 contributions 922 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 79 contributions 60744 visits
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On 26 October 2017, the European Commission (the Commission) opened an in-depth investigation into UK statutory rules that exempt certain financing income earned by foreign subsidiaries of UK corporate taxpayers from UK tax. The Commission’s investigation will focus on whether the UK (...)

The EU Commission finds aid granted to UK incumbent telecommunications operator to be partially unlawful and orders its recovery (British Telecom)
European Commission - DG COMP (Brussels)
Belgique 98 contributions 34666 visites
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IDKIDS (Lille)
France 7 contributions 2573 visites
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European Commission - DG COMP (Brussels)
Belgique 7 contributions 2573 visites
"State aid: main developments between 1 January and 30 April 2009"* On 11 February 2009, the Commission found aid granted to BT to be partially unlawful and ordered recovery. The Commission concluded that a UK Crown guarantee covering the pension liabilities of British Telecom plc on the (...)

The UK Lands Tribunal rules that the application of a different valuation method between undertakings is not evidence and to assess the value of a telecommunications network has resulted in an advantage likely to confer unlawful State aid (Kingston / British Telecom)
UK Competition & Markets Authority - CMA (London)
United Kingdom 5 contributions 10055 visits
The situation of BT and the assessment of the valuation of its fibre optic hereditament is not comparable to that of Vtesse and therefore it is impossible to say whether BT has been given any unfair advantage or more favourable treatment contrary to the broad principles of Article 87 EC. (...)

Anticompetitive practices

 The UK Competition Appeal Tribunal issues an opt-out certification decision in a class action filed against a Big Tech company (Liz Coll / Google)
Hausfeld (London)
United Kingdom 20 contributions 5407 visits
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Hausfeld (London)
United Kingdom 4 contributions 2048 visits
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Hausfeld (London)
United Kingdom 1 contribution 1510 visits
On 31 August 2022, the Competition Appeal Tribunal released its judgment in Elizabeth Helen Coll v Alphabet Inc. and Others [2022] CAT 39, which confirms that consumer champion Liz Coll is authorised to bring an opt-out collective claim against Google for alleged competition law infringements (...)

The UK Competition Appeal Tribunal overturns the Competition Authority’s wide "Most Favoured Nation" decision (ComparetheMarket)
Clifford Chance (London)
United Kingdom 5 contributions 898 visits
Background In November 2020, the CMA issued a Decision against CTM and imposed a c. £18m penalty. The Decision took issue with contractual obligations known as wide most favoured nation clauses (wide MFNs), which were imposed by CTM in its agreements with certain home insurers. These clauses (...)

The UK Competition Authority investigates two Big Tech companies over an alleged distortion of competition in the online display advertising services market (Google / Meta)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA investigates Google and Meta over ad tech concerns* The CMA is taking a closer look at Google and Meta’s conduct over concerns that they hampered competition in markets for online display advertising services. CMA and European Commission launch parallel probes into Google and Meta’s (...)

The UK Competition Authority provisionally finds that a lighting equipment manufacturer has violated competition law by preventing retailers from offering discounts online (Dar Lighting)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA provisionally finds lighting firm illegally banned discounts* The CMA has provisionally found that Dar Lighting Limited has broken competition law by preventing retailers from offering discounts online. The Competition and Markets Authority (CMA) has issued a Statement of Objections to (...)

The UK Supreme Court hands down a judgment involving a software and a telecommunications company, providing answers to questions concerning the English Courts’ approach to FRAND disputes (Unwired Planet / Huawei)
Hogan Lovells (London)
United Kingdom 1 contribution 599 visits
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Hogan Lovells (London)
United Kingdom 1 contribution 599 visits
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Hogan Lovells (London)
United Kingdom 1 contribution 599 visits
The UK Supreme Court has handed down its long-awaited judgment in the Unwired Planet v Huawei and Conversant v Huawei & ZTE proceedings ([2020] UKSC 37), providing answers on several key questions concerning the English Courts’ approach to FRAND disputes. In a unanimous judgment, the (...)

The UK Supreme Court confirms that English courts may set the terms of global licences to portfolios of standard essential patents (Unwired Planet / Huawei)
Bristows (London)
United Kingdom 3 contributions 4745 visits
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Bristows (London)
United Kingdom 1 contribution 266 visits
English courts given green light to set terms of global FRAND licences* On 26 August 2020, the UK Supreme Court (UKSC) gave its eagerly awaited judgment in Unwired Planet v Huawei and Conversant v Huawei & ZTE. In a unanimous policy-driven decision, the Court dismissed the appeals (...)

The UK Supreme Court confirms that it is possible to set global FRAND rates and global licences to portfolios of standard-essential patents (Unwired Planet / Huawei)
Baker Botts (Brussels)
Belgium 28 contributions 21413 visits
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Baker Botts (Brussels)
Belgium 15 contributions 5371 visits
The U.K. Supreme Court’s 26 August ruling on standard-essential patents (SEPs) is the latest in a series of recent decisions that are likely to have a profound effect on FRAND license negotiations across the globe, in particular for the next generation 4G and 5G mobile telecommunication (...)

The UK Supreme Court issues its ruling in a standard essential patent case and clarifies the Courts’ approach to FRAND disputes (Unwired Planet / Huawei)
Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 41 contributions 40296 visites
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 27 contributions 8951 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 5 contributions 965 visits
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On 26 August 2020, the UK Supreme Court issued its judgment in a standard-essential patent (SEP) dispute between Huawei and Unwired Planet (see full alert memorandum). Unwired Planet is a patent assertion entity that acquires and licenses patents. In 2013, it acquired telecoms patents from (...)

The UK Competition Authority proposes the creation of a new regulatory authority and additional regulations to govern the conduct of online platforms funded by digital advertising
DLA Piper (London)
United Kingdom 28 contributions 11528 visits
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Jones Day (Washington)
United States 20 contributions 4143 visits
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Jones Day (Sydney)
Australie 10 contributions 2169 visites
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INTRODUCTION The CMA has recently issued its Final Report in the Market Study into Online Platforms and Digital Advertising (“Final Report”), which sets forth its findings and recommendations from its investigation of markets involving online platforms funded by digital advertising. In (...)

The UK Supreme Court partially dismisses an appeal concerning the two payment processing networks on the basis that their multilateral interchange fees restricted competition (Sainsbury’s / Visa / MasterCard)
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 27 contributions 8951 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 21 contributions 22452 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 5 contributions 753 visits
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On 17 June 2020, the Supreme Court handed down a much anticipated judgment concerning the default multilateral interchange fees (MIFs) set by Mastercard and Visa (together, the Appellants). The case considered appeals relating to three separate damages actions brought by retailers against (...)

The England & Wales Court of Appeal rejects an appeal against a judgment of the CAT which upheld the Competition Authority’s decision finding the online sales ban of a company’s custom-fitted golf clubs to be an unjustified restriction (Ping)
Van Bael & Bellis (Brussels)
Belgium 175 contributions 58685 visits
On 21 January 2020, the UK Court of Appeal rejected an appeal brought by the golf club manufacturer Ping Europe Limited (“Ping”) against the 2018 judgment of the Competition Appeal Tribunal (“CAT”), which upheld the Competition and Markets Authority’s (“CMA”) 2017 decision finding Ping’s (...)

The England & Wales Court of Appeal upholds the Competition Authority’s decision finding that a golf equipment supplier acted illegally by banning online sales of its products (Ping)
ADNOC Group (Abu Dhabi)
United Arab Emirates 29 contributions 5554 visits
On 21 January 2020, the Court of Appeal of England and Wales handed down a judgment dismissing the appeal by Ping Europe Limited ("Ping") against a judgment of the Competition Appeal Tribunal ("CAT"), upholding the CMA’s 2017 decision that Ping’s online sales ban constituted a restriction of (...)

The UK Competition Authority imposes a record-breaking £3.7M fine on a digital piano supplier for online resale price maintenance (Casio)
Van Bael & Bellis (Brussels)
Belgium 175 contributions 58685 visits
According to a press release issued on 1 August 2019, the Competition and Markets Authority (“CMA”) imposed a fine of £ 3.7 million (approximately € 4.1 million) on piano supplier Casio Electronics (“Casio”) for online resale price maintenance (RPM). Between the years 2013 and 2018, Casio (...)

The UK Competition Authority announces the start of a formal market study into online platforms and the UK market for digital advertising
KPMG Law
Belgium 1 contribution 3406 visits
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Crowell & Moring (London)
United Kingdom 16 contributions 9868 visits
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Simmons & Simmons (London)
United Kingdom 7 contributions 7403 visits
What is the Study about? The Study is broad in scope and aims to examine three potential sources of harm in connection with the digital advertising market: i) to what extent online platforms have market power in user-facing markets and what impact this has on consumers; ii) whether consumers (...)

The UK Competition Appeal Tribunal dismisses a case of alleged abuse of dominance against a tech giant following a request for withdrawal filed by the claimants (Unlockd / Google)
Osborne Clarke (London)
United Kingdom 28 contributions 899 visits
Brief summary of facts Unlockd Ltd and Unlockd Media Technology Ltd (the claimants) develop a software application (app) for users of smartphones using the Android operating system as a means of delivering advertisements to consumers on the unlocking of their Android device. The app is (...)

The UK Competition Authority launches an investigation into online gaming companies’ roll-over contracts
Simmons & Simmons (London)
United Kingdom 2 contributions 1029 visits
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Crowell & Moring (London)
United Kingdom 16 contributions 9868 visits
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Simmons & Simmons (London)
United Kingdom 7 contributions 7403 visits
The UK Competition and Markets Authority (CMA) announced on 05 April 2019 that it is launching an investigation into online gaming companies’ use of auto-renewal, cancellation, and refund policies in relation to online services. The investigation is being conducted using the CMA’s consumer (...)

The UK Competition Authority concludes that a price comparison website breached competition as a result of its use of most-favoured nation clauses (ComparetheMarket)
Matheson (Dublin)
Ireland 13 contributions 1464 visits
On 2 November 2018, the Competition and Markets Authority (CMA) provisionally concluded that ComparetheMarket (a UK comparison website offering price comparisons of insurance products and utilities) had breached competition law as a result of its use of ‘most-favoured nation’ clauses (MFNs). (...)

The UK Competition Appeal Tribunal dismisses the appeal brought by a manufacturer of golf equipment on the liability of anticompetitive practices but permits a small reduction of the fine (Ping)
MemeryCrystal (London)
United States 12 contributions 3051 visits
UK LANDMARK COMPETITION CASE CONDEMNS ABSOLUTE INTERNET SALE BAN AS A SERIOUS BREACH OF COMPETITION LAW* Introduction The Competition Appeal Tribunal (“CAT”) handed down its judgment on 7 September 2018 in relation to an appeal by Ping Europe Limited (“Ping”) challenging the decision of (...)

The England & Wales Court of Appeal adopts a ruling allowing plaintiffs in cartel damages actions to advance claims based on overcharges incurred outside of the EU (Iiyama)
Dentons (Brussels)
United States 3 contributions 2197 visits
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Levi Strauss (Brussels)
France 2 contributions 1531 visits
On February 16, 2018, the UK Court of Appeal adopted its much awaited ruling in the iiyama case. Taking stock of the Court of Justice (CoJ) ruling in Intel last year, the Court of Appeal allows plaintiffs in civil cartel damages actions to advance claims based on overcharges incurred by their (...)

The England & Wales Court of Appeal provides guidance on the extraterritorial scope of EU law in a cartel case (Iiyama)
Hausfeld (London)
United Kingdom 20 contributions 5407 visits
Although cartels with a global reach are increasingly common, recent decisions from courts in both the United States and United Kingdom have narrowly interpreted the territorial scope of antitrust laws in both jurisdictions. In the United States, the Seventh Circuit held in Motorola Mobility (...)

The UK Competition Authority publishes preliminary findings on price comparison websites
Cleary Gottlieb Steen & Hamilton (London)
Royaume-Uni 41 contributions 40296 visites
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 27 contributions 8951 visits
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Latham & Watkins (London)
United Kingdom 10 contributions 13133 visits
In September 2016, the Competition and Markets Authority (“CMA”) launched a Market Study into digital comparison tools (“DCTs”). On March 28, 2017, the CMA published an update on the Market Study setting out its preliminary findings and areas of focus for the second part of the Market Study. (...)

The England & Wales High Court Chancery Division issues a landmark first decision on the proper interpretation of arbitration clauses in cartel cases, following a cartel damages claim filed against a tech company (Microsoft / Sony)
Osborne Clarke (London)
United Kingdom 28 contributions 899 visits
Brief summary of facts Microsoft brought proceedings in its own right and as assignee of the rights of Nokia Corp arising from its acquisition of Nokia’s mobile phone business. In 2001, Nokia (as buyer) and Sony Corporation (as seller) concluded a Product Purchase Agreement (PPA) relation to (...)

The UK Competition Authority fines a company specialized in online sales of posters and frames for agreeing not to undercut a rival, the rival was granted immunity for reporting the cartel (Trod /GB eye)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA issues final decision in online cartel case* The CMA has today issued a formal decision that 2 online sellers of posters and frames broke competition law. This follows the announcement on 21 July 2016 that Trod Ltd had admitted agreeing with GB eye Ltd (trading as ‘GB Posters’) that (...)

The UK Competition Authority fines online retailers for using automated repricing software to implement an illegal cartel (Trod / GB Posters)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
Online seller admits breaking competition law* An online seller has agreed to accept a fine after admitting using automated repricing software to implement an illegal cartel. Trod Limited has admitted agreeing with one of its competing online sellers, GB eye Limited (trading as ‘GB (...)

The UK Competition Authority issues a statement of objections to a golf equipment manufacturer for banning the sale of its golf clubs online (Ping)
McDermott Will & Emery (Paris)
France 136 contributions 68832 visits
ONLINE SALES RESTRICTIONS REMAIN A HOT TOPIC: UK CMA ISSUES STATEMENT OF OBJECTIONS* On 9 June 2016, the UK’s Competition and Markets Authority (CMA) issued a statement of objections (SO) to Ping Europe Limited (Ping), a golf equipment manufacturer, alleging that Ping had breached EU and UK (...)

The England & Wales Court of Appeal overturns a UK Patents Court decision and allows competition law arguments in a FRAND dispute in relation to Standard Essential Patents (Unwired Planet / Huawei / Samsung / Ericsson)
Monckton Chambers (London)
United Kingdom 2 contributions 1742 visits
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Monckton Chambers (London)
United Kingdom 1 contribution 330 visits
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Monckton Chambers (London)
United Kingdom 1 contribution 330 visits
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Court of Appeal reinstates Samsung’s case on non-discrimination and FRAND*On Friday 27 May, the Court of Appeal handed down an important judgment on the interplay between competition law and the licensing of essential patents.This is part of a landmark patent infringement case where Unwired (...)

The UK Competition Authority closes its hotel online booking investigation (IHG / Expedia / Booking.com)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA closes hotel online booking investigation* The CMA today announced that it has closed an investigation into suspected breaches of competition law in the hotel online booking sector. The investigation was launched by the Competition and Markets Authority’s (CMA) predecessor, the Office (...)

The UK Patents Court considers Articles 101 and 102 TFEU in FRAND dispute relating to standard essential patents (Unwired Planet / Huawei / Samsung / Google / Ericsson)
European University Institute (Florence)
Italy 3 contributions 565 visits
Give us a FRAND: Unwired Planet v Huawei & Samsung*On 29 January, Mr Justice Birss gave judgment in the second UK patent trial between Unwired Planet, Samsung and Huawei, holding that two of Unwired Planet’s patents are invalid for obviousness. The case concerns patents that were declared (...)

The England & Wales Court of Appeal allows an appeal from the Patents Court in a FRAND dispute on standard essential patents (Unwired Planet / Huawei / Samsung / Ericsson)
Taylor Wessing (London)
United Kingdom 1 contribution 217 visits
Unwired Planet v Huawei & Samsung: Samsung Given Permission To Appeal Strike Out*Summary Unwired Planet asserts that Samsung and Huawei have infringed several ’standard essential patents’ (SEPs) relevant to mobile telecommunications standards. Samsung and Huawei have defended the claims (...)

The UK Competition Authority reopens a previously closed OFT investigation into hotel online booking (IHG / Expedia / Booking.com)
DLA Piper (London)
United Kingdom 25 contributions 18488 visits
Executive Summary: After initially accepting commitments in the hotel online booking investigation, the Office of Fair Trading’s (OFT) decision was quashed by the Competition Appeal Tribunal (CAT). The case was referred back to the Competition and Markets Authority (CMA), who has now (...)

The UK Competition Appeal Tribunal quashes the Competition Authority’s decision to accept commitments in the online booking sector (Skyscanner)
Ashurst (Milan)
Italy 103 contributions 30349 visits
UK Court quashes decision accepting the commitments by OTAs and hotel chain in the online booking sector* Last 26 September, following an appeal by meta-search site Skyscanner, the UK Competition Appeal Tribunal (“CAT”) quashed the decision of the Office of Fair Trading (the “OFT”) to accept (...)

The UK Competition Appeal Tribunal quashes the OFT’s acceptance of commitments in the online booking sector (Skyscanner)
Blackstone Chambers (London)
United Kingdom 23 contributions 5954 visits
Skyscanner: CAT quashes commitments in the online booking sector* In a judgment handed down on Friday, the Competition Appeal Tribunal has quashed the Office of Fair Trading’s decision to accept commitments in the online hotel booking sector. As the first case to consider such commitments, (...)

The England & Wales Court of Appeal overturns Competition Appeal Tribunal’s judgement and completes its analysis in a case regarding sports broadcasting (BT / BskyB)
University of Manchester
United Kingdom 9 contributions 2059 visits
Summary of the case In BT v BSkyB, the Court of Appeal (CoA) found that the Competition Appeal Tribunal (CAT) had erred in law by not including the cable rate-card price issue into its analysis. The CoA allowed the appeal by BT and Ofcom. It was necessary to deal more fully the cable (...)

The UK Competition Authority accepts commitments from online travel agents enabling them and hotels to offer discounts on rates for hotel rooms (IHG / Expedia / Booking.com)
Ashurst (Milan)
Italy 103 contributions 30349 visits
UK Office of Fair Trading closes investigation into hotel online booking practices On 31 January 2014, the UK Office of Fair Trading (“OFT”) accepted the commitments from online travel agents, Booking.com B.V. (“Booking.com”, and its ultimate parent company priceline.com Incorporated) and (...)

The UK Competition Authority accepts commitments from online travel agents which permit them to offer hotel discounts (IHG / Expedia / Booking.com)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
United Kingdom: OFT clears Way for Discounts on Hotel Rooms* On 31 January 2014, the Office of Fair Trading (OFT) accepted formal commitments from two of the UK’s largest online travel agents, Booking.com B.V. (Booking.com) and Expedia Inc (Expedia), together with InterContinental Hotels (...)

The UK Competition Authority opens a consultation on the revised commitments proposed by online travel agencies in relation to rebates (IHG / Expedia / Booking.com)
Ashurst (Milan)
Italy 103 contributions 30349 visits
UK OFT weighs revised commitments in the online hotel accommodation bookings* On 20 December 2013, the United Kingdom’s Office of Fair Trading (“OFT”) opened a consultation on the revised commitments proposed by Booking.com B.V. (“Booking.com”), Expedia Inc (“Expedia”) and InterContinental (...)

The UK Competition Authority issues draft commitments in an investigation regarding the hotel online booking sector (IHG / Expedia / Booking.com)
Accenture (Dublin)
United Kingdom 2 contributions 1026 visits
Hotel Online Booking: The OFT announces its intention to accept binding commitments* On 9 August 2013, the OFT issued draft commitments in the Hotel Online Booking investigation. The OFT has investigated the relevant markets for over 2 years and has provisionally found that certain hotels (...)

The UK Competition Authority issues a Statement of Objections against two online travel agents and one hotel group for alleged restrictive practices (IHG / Expedia / Booking.com)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
United Kingdom: The Office of Fair Trading issues Statement of Objections against Booking.com, Expedia and Intercontinental Hotels Group* On 31 July 2012, the Office of Fair Trading (OFT) issued a Statement of Objections alleging that Booking. com B.V. (Booking.com), Expedia Inc (Expedia) (...)

Unilateral Practices

 The UK Competition Authority opens consultation on the commitments offered by a Big Tech app store owner to allow app developers to use alternative payment options for in-app purchases (Google)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
App developers on Google Play store offered payment choices following CMA probe* Google has said it will allow developers to use alternative payment options after CMA investigation into its control over Google Play in-app purchases. The Competition and Markets Authority (CMA) is consulting (...)

The UK Communications Regulator announces that it will refer the national cloud communications market to the Competition Authority for a deeper investigation (Amazon / Microsoft)
Morgan Lewis (London)
United Kingdom 1 contribution 91 visits
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Morgan Lewis (London)
United States 14 contributions 5993 visits
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Morgan Lewis (London)
United Kingdom 27 contributions 10140 visits
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The UK communications regulator and concurrent competition authority, Ofcom, announced on April 5 its proposal to refer the UK cloud services market to the Competition and Markets Authority (CMA) for further investigation. This coincided with publication of the interim report of Ofcom’s market (...)

The UK Competition Authority opens an investigation into cloud gaming and browsers (Apple / Google)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
Investigation into cloud gaming and browsers to support UK tech and consumers* The CMA has launched a market investigation into cloud gaming and mobile browsers after receiving widespread support for its proposals first published in June. The Competition and Markets Authority consulted on (...)

The UK Competition Authority investigates a Big Tech company’s online marketplace over suspected anti-competitive practices (Amazon)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA investigates Amazon over suspected anti-competitive practices* The CMA is investigating Amazon over concerns that practices affecting sellers on its UK Marketplace may be anti-competitive and could result in a worse deal for customers. This new investigation follows a current European (...)

The UK Competition Authority probes a Big Tech company over potential abuse of dominance in ad tech (Google)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
Google probed over potential abuse of dominance in ad tech* The CMA is investigating whether Google has broken the law by restricting competition in the digital advertising technology market. CMA launches second investigation into Google’s practices in ad tech, following launch of probe into (...)

The UK Competition Authority fines a lighting supplier £1.5M for breaking competition law by restricting the level of discounts retailers could offer online (Dar Lighting)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
Dar Lighting fined after ignoring warnings on restricting discounts* The CMA has fined Dar Lighting Ltd £1.5 million for breaking competition law by restricting the level of discounts retailers could offer online. The lighting supplier failed to take sufficient action after 2 written (...)

The UK Competition Authority accepts a Big Tech company’s revised offer of commitments relating to its proposed removal of third-party cookies from a browser (Google Privacy Sandbox)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA to keep ‘close eye’ on Google as it secures final Privacy Sandbox commitments* The CMA has accepted a revised offer from Google of commitments relating to its proposed removal of third-party cookies from the Chrome browser (known as the Privacy Sandbox proposals). The CMA has secured (...)

The UK Competition Authority accepts a Big Tech company’s commitments in its treatment of third-party cookies (Google Privacy Sandbox)
Van Bael & Bellis (Brussels)
Belgium 12 contributions 2551 visits
On 11 February 2022, the UK’s Competition and Markets Authority (“CMA”) issued its decision to accept the commitments offered by Google in relation to its Privacy Sandbox proposals (“the Decision”). The Decision is noteworthy in several respects. First, it highlights the complicated tradeoffs (...)

The UK Competition Authority publishes a market study accusing two Big Tech companies of creating a duopoly in the market for mobile devices (Apple / Google)
Hausfeld (London)
United Kingdom 7 contributions 2123 visits
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Hausfeld (London)
United Kingdom 8 contributions 2074 visits
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Hausfeld (London)
United Kingdom 5 contributions 1812 visits
Mobile devices, and the ecosystem of products, content, and services associated with them, are already central to our lives. The fundamental importance of these ecosystems, which are international in scope, is only set to increase, as the network of connected products and services extends into (...)

The UK Competition Authority publishes a market study interim report and finds two Big Tech companies have leveraged their market power to create largely self-contained mobile ecosystems leading to a duopoly that limits competition and choice over operating systems, app stores, and web browsers (Apple / Google)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
Apple and Google duopoly limits competition and choice* The CMA’s interim report into mobile ecosystems suggests that users are losing out because of Apple and Google’s duopoly. Earlier this year, the Competition and Markets Authority (CMA) launched a probe over concerns that Apple and (...)

The UK Competition Authority secures improved commitments from a Big Tech company on its proposals to remove third-party cookies and other functionalities from its browser (Google Privacy Sandbox)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA secures improved commitments on Google’s Privacy Sandbox* The CMA has secured improved commitments from Google on its proposals to remove third party cookies and other functionalities from its Chrome browser. It has been investigating Google’s proposals since the start of the year due (...)

The UK Competition Authority finds a breach of competition law by a price comparison website that leads to an opt-out collective claim based on the allegation that the website’s conduct led to higher prices of home insurance for consumers (ComparetheMarket)
Hausfeld (London)
United States 6 contributions 1098 visits
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Hausfeld (London)
Royaume-Uni 11 contributions 1674 visites
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Hausfeld (London)
United Kingdom 5 contributions 1315 visits
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London, 1 November 2021 - An opt-out collective claim on behalf of over 20 million UK consumers of home insurance has been filed today by Home Insurance Consumer Action against the companies behind Comparethemarket.com. The claim follows the Competition and Markets Authority’s finding last (...)

The UK Competition Authority launches a market study into two Big Tech companies’ mobile ecosystems over concerns that they might abuse their dominant position (Google / Apple)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA to scrutinise Apple and Google mobile ecosystems* The CMA has launched a market study into Apple’s and Google’s mobile ecosystems over concerns they have market power which is harming users and other businesses. The Competition and Markets Authority (CMA) is taking a closer look at (...)

The UK Competition Authority secures commitments from a Big Tech company to address concerns about its proposal to remove third-party cookies on its main internet browser (Google Privacy Sandbox)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA to have key oversight role over Google’s planned removal of third-party cookies* Following an investigation, the CMA has secured commitments from Google to address concerns about Google’s proposal to remove third-party cookies on Chrome. The CMA is to take up a role in the design and (...)

The UK Competition Authority investigates a social media company’s use of ad data (Facebook)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA investigates Facebook’s use of ad data* The CMA is investigating whether Facebook might be abusing a dominant position in the social media or digital advertising markets through its collection and use of advertising data. Facebook login on a mobile and laptop screen The Competition and (...)

The UK Competition Authority investigates a Big Tech company over suspected anti-competitive behaviour (Apple App Store)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA investigates Apple over suspected anti-competitive behaviour* The CMA has launched an investigation into Apple following complaints that its terms and conditions for app developers are unfair and anti-competitive. In addition to designing, manufacturing and marketing electronic devices (...)

The UK Competition Appeal Tribunal provides guidance for post-Brexit permission to serve out of the jurisdiction applications and confirms that damages occasioned by anti-competitive conduct will not be narrowly construed (Epic Games / Apple / Google)
Hausfeld (London)
United Kingdom 20 contributions 5407 visits
The Tribunal issued its combined permission to serve out of the jurisdiction judgment in Epic Games v Apple (the Apple Claim) and Epic Games v Google (the Google Claim) on 22 February 2021, declining permission for service on Apple Inc. and granting permission for service for a subset of (...)

The UK Competition Authority opens an investigation into a Big Tech company’s ‘Privacy Sandbox’ browser changes (Google Privacy Sandbox)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA to investigate Google’s ‘Privacy Sandbox’ browser changes* The CMA has opened an investigation into Google’s proposals to remove third party cookies and other functionalities from its Chrome browser. The investigation will assess whether the proposals could cause advertising spend to (...)

The UK Competition Authority, along with other national competition authorities, secures privacy changes to a tech company’s mobile app store (Apple App Store)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA and global partners secure privacy changes to the App Store* Following international intervention, Apple will shortly indicate on its App Store what personal data each app uses, empowering consumer choice. The UK’s Competition and Markets Authority (CMA), along with the Netherlands (...)

The UK Competition Authority fines a comparison website for use of wide MFN clauses (ComparetheMarket)
Van Bael & Bellis (Brussels)
Belgium 175 contributions 58685 visits
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Government Legal Department (London)
United Kingdom 18 contributions 2555 visits
On 19 November 2020, the UK’s Competition and Markets Authority (“CMA”) fined the price comparison website ComparetheMarket, and its parent companies, £ 17.9 million for breaching the UK and EU competition rules. The CMA found that ComparetheMarket breached the prohibition of anti-competitive (...)

The UK Competition Authority fines a price comparison website for applying a most favored nation clause (ComparetheMarket)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA fines ComparetheMarket £17.9m for competition law breach* The CMA has fined ComparetheMarket £17.9 million after it found that clauses used in the company’s contracts with home insurers breached competition law. An investigation by the Competition and Markets Authority (CMA) has (...)

The UK Competition Authority fines a price comparison website for using a most favored nation clause (ComparetheMarket)
Ashurst (London)
United Kingdom 35 contributions 17182 visits
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Ashurst (London)
United Kingdom 22 contributions 4529 visits
On 19 November 2020, the UK Competition and Markets Authority ("CMA") announced that it had issued an infringement decision finding that the price comparison website ComparetheMarket infringed Chapter I prohibition of the Competition Act 1998 and Article 101 TFEU as a result of the use of wide (...)

The UK Competition Authority takes enforcement action against several hotel booking sites over potential breaches of consumer protection law
Walker Morris (Leeds)
1 contribution 151 visits
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MemeryCrystal (London)
United States 12 contributions 3051 visits
UK COMPETITION REGULATOR TAKES ENFORCEMENT ACTION AGAINST HOTEL BOOKING WEBSITES* 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 (...)

The England & Wales High Court affirms its jurisdiction to hear claims relating to losses suffered by a UK company over an alleged abuse of a dominant position (Apple / Qualcomm)
Osborne Clarke (London)
United Kingdom 28 contributions 899 visits
Brief summary of judgment Summary judgment and jurisdiction ruling: May 2018 The High Court held that the claim against the First Defendant had no real prospect of success. Qualcomm (UK) Limited was not the owner of the relevant patents. Therefore, it had not taken on any relevant (...)

The England & Wales High Court dismisses a claim for abuse of dominance brought against a Big Tech firm by an online map provider and holds that an alleged harmful effect of a pro-competitive innovation by a dominant company must be significant in the market to constitute an abuse (Streetmap / Google)
Osborne Clarke (London)
United Kingdom 28 contributions 899 visits
Brief summary of facts Streetmap alleged that Google abused its dominant position in the online search and/or online search advertising markets by bundling Google Search with Google Maps, thereby depriving users of an undistorted choice of online mapping services; giving Google Maps an (...)

The England & Wales High Court throws out a private claim for damages based on abuse of dominance in the online mapping sector (Streetmap / Google)
Phillips Auctioneers (London)
5 contributions 3184 visits
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Constantine Cannon (London)
United States 12 contributions 5980 visits
Google wins court battle against StreetMap in the UK*Google won a big victory Friday in the High Court of England and Wales, which ruled that Google did not abuse its dominant position to the detriment of the now-defunct UK online mapping provider, Streetmap.The Court’s ruling against (...)

The UK Competition Authority accepts commitments relating to platform services for the automotive sector (Epyx)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
United Kingdom: The Competition and Markets Authority accepts Commitments relating to Platform Services for Automotive Sector* On 9 September 2014, the Competition and Markets Authority (CMA) accepted final commitments offered by Epyx Limited (Epyx) relating to service, maintenance and (...)

The German and UK Competition Authorities close investigations against leading online retailer concerning its price parity policy applicable to third party sellers (Amazon)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220784 visits
Germany and United Kingdom: Antitrust Cases against Amazon formally closed* On 26 and 29 November 2013, the German Bundeskartellamt (BKartA) and the UK’s Office of Fair Trading (OFT) terminated their respective antitrust investigations into Amazon’s price parity policy applicable to third (...)

The England & Wales High Court grants an interim order requiring a dominant telephone operator to engage in conduct which will enable the complainant to launch a new mobile telephony service (Software Cellular Network / T-Mobile)
King’s College (London)
United Kingdom 20 contributions 81639 visits
Introduction and Background to the Claim In Software Cellular Network Limited v. T-Mobile (UK) Limited, the High Court, found that the applicant, which trades as Truphone, had made out an arguable case that the respondent, T-Mobile, had violated section 18 of the Competition Act 1998 (...)

The England & Wales High Court of Justice holds "serious and arguable” a request for interim measures based on alleged abuse of dominant position on the VoIP mobile telephone service market (Software Cellular Network / T-Mobile)
Baker McKenzie (London)
Royaume-Uni 7 contributions 21443 visites
This case involved an interim application from Software Cellular Network Limited (trading under the name Truphone (“Truphone”) to the High Court of England and Wales on 11 July 2007. Truphone sought an injunction against T-Mobile (UK) Limited (“T-Mobile”) requiring it to activate Truphone (...)

The UK Ofcom concludes that British Telecom has not infringed Art. 82 EC and its national equivalent in relation to the pricing of its digital cordless fixed-line telephones (BT Cordless)
Permanent Representation of France to the EU (Brussels)
France 4 contributions 17885 visits
Background On 29 March 2005, the UK telecommunications regulator, OFCOM, received a complaint from two competitors of BT Group plc (“BT”) on the market for the wholesale supply of consumer fixed-line telephone equipment in the UK. The complaint alleged that BT was dominant in the supply of (...)

Mergers

 The UK Competition Authority clears the acquisition of a consumer robots designer by a global online marketplace (Amazon / iRobot)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
Amazon’s purchase of Roomba maker cleared by CMA* Online retailer Amazon.com Inc. (Amazon) announced its proposed purchase of iRobot Corporation (iRobot) in August 2022. iRobot designs and builds consumer robots, including robot vacuum cleaners sold under the ‘Roomba’ brand. The (...)

The UK Competition Appeal Tribunal announces the receipt of an application to review the Competition Authority’s decision to prohibit the acquisition of a leading video game publisher (Microsoft / Activision Blizzard)
Arthur Cox (Dublin)
Ireland 6 contributions 3081 visits
This article discusses how the CMA has reached a ‘tipping point’ in ‘Big Tech’ merger enforcement, what the Competition Appeals Tribunal could do in Microsoft v Competition and Markets Authority to recentre and refocus the CMA’s work, and why this all matters to digital markets, and beyond. (...)

The UK Competition Authority blocks the proposed acquisition of a leading video game publisher by a Big Tech company (Microsoft / Activision Blizzard)
McDermott Will & Emery (Brussels)
Belgium 23 contributions 5194 visits
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McDermott Will & Emery (Dusseldorf)
Germany 14 contributions 5307 visits
On April 26, 2023, the Competition and Markets Authority (CMA) blocked what would otherwise have been the largest deal in the gaming industry to date. The decision highlights several important trends, such as: In dynamic markets, regulators are focusing in on whether a deal harms or could harm (...)

The UK Competition Authority rejects the proposed commitments of a Big Tech company and blocks its proposed acquisition of a leading video game publisher (Microsoft / Activision Blizzard)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
Microsoft / Activision deal prevented to protect innovation and choice in cloud gaming* The CMA has prevented Microsoft’s proposed purchase of Activision over concerns the deal would alter the future of the fast-growing cloud gaming market, leading to reduced innovation and less choice for (...)

The UK Competition Authority blocks a $68.7B deal to acquire a leading video game publisher (Microsoft / Activision Blizzard)
Van Bael & Bellis (London)
United Kingdom 3 contributions 305 visits
On 26 April 2023, the UK Competition and Markets Authority (CMA) blocked Microsoft’s $68.7 billion deal to buy Activision, a leading video games publisher, citing concerns that the deal would distort competition on the nascent cloud gaming market and ultimately lead to reduced innovation and (...)

The UK Competition Authority narrows the scope of concerns in its phase 2 review of a merger between a Big Tech company and a leading video game publisher (Microsoft / Activision Blizzard)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA narrows scope of concerns in Microsoft – Activision review* The CMA has today issued updated provisional findings in its assessment of Microsoft’s proposed acquisition of Activision. New evidence provisionally alleviates concerns in relation to supply of gaming consoles in the UK (...)

The UK Competition Authority provisionally holds that the $68.7B acquisition of a gaming firm will lead to higher prices and fewer choices for UK gamers (Microsoft / Activision)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
Microsoft – Activision deal could harm UK gamers* A CMA investigation has provisionally concluded that Microsoft’s proposed acquisition of Activision could result in higher prices, fewer choices, or less innovation for UK gamers. In-depth independent investigation provisionally finds deal (...)

The UK Competition Authority orders a Big Tech company to sell a GIF database on the belief that permitting the merger would limit innovation and reduce competition in the display advertising market (Meta / Giphy)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA orders Meta to sell Giphy* The CMA finds that Meta’s purchase of Giphy would limit choice for UK social media users and reduce innovation in UK display advertising. The Competition and Markets Authority (CMA) has found that Meta’s takeover of Giphy could allow Meta to limit other (...)

The UK Competition Authority decides to refer a potential merger between a Big Tech company and a leading video game publisher for a Phase II investigation (Microsoft / Activision Blizzard)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
Microsoft / Activision deal could lead to competition concerns* The Competition and Markets Authority (CMA) is concerned that Microsoft’s anticipated purchase of Activision Blizzard could substantially lessen competition in gaming consoles, multi-game subscription services, and cloud gaming (...)

The UK Competition Authority requires the largest provider of property search services to sell its recently acquired competitor (Dye & Durham / TM Group)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA requires Dye & Durham to sell TM Group* The CMA has concluded that Dye & Durham must sell TM Group after its in-depth investigation identified competition concerns. Following a Phase 2 merger investigation, the CMA has found that the acquisition of TM Group by Dye & Durham (...)

The UK Competition Appeal Tribunal rejects an appeal by a Big Tech firm which sought to block an order forcing the firm to unwind an acquisition but refers the case back to the Competition Authority on a procedural error (Meta / Giphy)
Van Bael & Bellis (London)
United Kingdom 8 contributions 1753 visits
On 30 November 2021, the UK’s Competition and Markets Authority (“CMA”) concluded its Phase 2 investigation into Meta’s completed acquisition of Giphy (which closed in May 2020), ordering Meta to reverse the deal and sell Giphy to a CMA-approved purchaser (for further details, see VBB on (...)

The UK Competition Appeal Tribunal endorses the Competition Authority’s decision that a Big Tech company’s acquisition of a social media company will harm competition (Meta / Giphy)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CAT endorses CMA assessment that Meta’s purchase of Giphy harms competition* The Competition Appeal Tribunal (CAT) has upheld the Competition and Markets Authority’s (CMA) decision on 5 of the 6 challenged grounds. CMA Chief Executive Andrea Coscelli said: We welcome this resounding (...)

The UK Competition Authority blocks the acquisition of a rival by a property search report company (Dye & Durham / TM Group)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
Property search services merger could mean homebuyers pay more* The CMA has provisionally found that the merger of 2 firms offering property search services could lead to a worse deal for homebuyers. Following an in-depth Phase 2 investigation, the Competition and Markets Authority (CMA) (...)

The UK Competition Authority finds an acquisition deal between two major cybersecurity companies could reduce competition in cyber safety software options (Avast / NortonLifeLock)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA finds NortonLifeLock purchase of Avast could reduce competition* The CMA has found that NortonLifeLock’s approximately £6bn purchase of Avast raises competition concerns and may now be referred for an in-depth investigation. NortonLifeLock and Avast both offer cyber safety software to (...)

The UK Competition Authority imposes its 3 largest fines totalling £56.7M for breaches of initial enforcement orders in connection with 2 mergers in Big Tech and sportswear (JD Sports / Footasylum) (Meta / Giphy)
Ashurst (London)
United Kingdom 19 contributions 6396 visits
Within the last six months, the UK’s Competition and Markets Authority ("CMA") has issued its three largest fines for breaches of an initial enforcement order ("IEO"). These include fines of GBP 50.5 million and GBP 1.5 million for breaches of an IEO imposed in connection with the completed (...)

The EU Commission, along with the German and UK Competition Authorities clears the acquisition of a provider of customer relationship management software by a Big Tech company (Meta / Kustomer)
Van Bael & Bellis (Brussels)
Belgium 42 contributions 10206 visits
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Van Bael & Bellis (London)
United Kingdom 16 contributions 3636 visits
On 27 January 2022, the Commission conditionally cleared Meta’s (formerly Facebook) acquisition of Kustomer, a small, innovative customer relationship manager (“CRM”) software creator. In a parallel process, the German Federal Cartel Office (“FCO”) cleared the same transaction with regard to (...)

The UK Competition Authority fines a Big Tech company £1.5M for failure to alert the Authority that key members of staff were leaving the company, which was a requirement under an enforcement order (Meta / Giphy)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA fines Meta a second time for breaching enforcement order* Meta has been fined £1.5m after it failed to alert the CMA in advance of key staff leaving the company, which is required by the CMA’s initial enforcement order. It is standard practice for the Competition and Markets Authority (...)

The UK Competition Appeal Tribunal grants permission to a leading digital rights organisation to intervene in the application brought by a Big Tech company regarding a merger decision (Meta / Giphy)
Ashurst (London)
United Kingdom 8 contributions 3361 visits
Global NGO Privacy International, represented by Hausfeld, was granted permission by the Competition Appeal Tribunal (CAT) to intervene in the application brought by Meta Platforms, Inc. (Meta) pursuant to s. 120 of the Enterprise Act 2002 for review of the Competition and Markets Authority (...)

The UK Competition Authority finds that a merger between two one-stop property search service providers could reduce competition (Dye & Durham / TM Group)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
Dye & Durham’s purchase of TM Group could reduce competition* The CMA has found that Dye & Durham’s purchase of TM Group raises competition concerns and may now be referred for an in-depth investigation. Dye & Durham and TM Group both provide a one-stop property search service (...)

The UK Competition Authority requires a Big Tech company to sell a GIF creation platform it acquired after finding that the deal could harm social media users and national advertisers (Meta / Giphy)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA directs Facebook to sell Giphy* The CMA requires Facebook (which has recently renamed itself ‘Meta’) to sell Giphy, after finding that the deal could harm social media users and UK advertisers. In line with its Phase 2 provisional findings issued in August, the Competition and Markets (...)

The UK Competition Authority orders a sneaker and apparel retailer to sell its acquired rival, following an in-depth investigation into the completed transaction (JD Sports / Footasylum)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA requires JD Sports to sell Footasylum* The CMA has instructed JD Sports to sell Footasylum after its in-depth investigation identified competition concerns. The Competition and Markets Authority (CMA) has found that the takeover could lead to a substantial reduction in competition and (...)

The UK Competition Authority fines a Big Tech company for breaching an order to hold separate an acquisition target pending its review of the merger (Facebook / Giphy)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 62 contributions 28822 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 69 contributions 33345 visits
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Skadden, Arps, Slate, Meagher & Flom (London)
United Kingdom 27 contributions 8238 visits
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The UK’s Competition and Markets Authority (CMA) fined Facebook £50.5 million for breaching an order to hold separate its acquisition target, Giphy, pending the CMA’s review of the merger. Takeaways The U.K. merger control regime allows acquirers the flexibility to close prior to completion (...)

The UK Competition Authority fines a Big Tech company for breaching orders in the context of its acquisition of a GIF provider (Facebook / Giphy)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA fines Facebook over enforcement order breach* Facebook has been fined £50.5 million for breaching an order imposed by the CMA during its investigation into Facebook’s purchase of Giphy. A mobile phone and laptop both displaying a Facebook log in page It is standard practice to issue (...)

The UK Competition Authority imposes a record-breaking £50.5M fine on a Big Tech company for multiple and serious breaches of an Interim Enforcement Order imposed as part of an investigation into the company’s acquisition of an online provider of GIFs (Facebook / Giphy)
Van Bael & Bellis (London)
United Kingdom 16 contributions 3636 visits
On 20 October 2021, the UK’s Competition and Markets Authority (“CMA”) announced its decision to impose a record-breaking fine of £ 50.5 million on Facebook, for multiple (and serious) breaches of an Interim Enforcement Order (“IEO”) imposed as part of the CMA’s investigation into the tech (...)

The UK Competition Authority fines a Big Tech company £50.5 million for breaching its initial enforcement order regarding a merger with a GIF provider (Facebook / Giphy)
McDermott Will & Emery (Washington)
United States 13 contributions 2881 visits
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McDermott Will & Emery (Washington)
United States 34 contributions 6838 visits
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McDermott Will & Emery (Washington)
United States 18 contributions 3635 visits
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In May 2020, Facebook purchased Giphy, the largest provider of GIFs (a format for image files that supports both animated and static images). Giphy operates an online database and search engine that primarily allows users to search and share GIFs and can be used indirectly on third-party apps, (...)

The UK Competition Authority unconditionally clears the merger between a Big Tech company and a provider of CRM software (Meta / Kustomer)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
Anticipated acquisition by Facebook, Inc. of Kustomer, Inc.* Summary of the CMA’s decision on relevant merger situation and substantial lessening of competition SUMMARY 1. The Competition and Markets Authority (CMA) has found that the anticipated acquisition by Facebook, Inc. (Facebook) (...)

The UK Competition Authority reassesses a merger in the activewear sector and provisionally finds that it raises competition concerns (JD Sports / Footasylum)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
Competition concerns remain over JD Sports merger* The CMA has provisionally found JD Sports’ takeover of Footasylum could lead to a worse deal for shoppers, after reassessing the merger. Following the CMA’s final decision to block the merger between JD Sports and Footasylum in May 2020, (...)

The UK Competition Authority finds that the takeover of the largest provider of GIFs by the largest social media company raises competition concerns (Facebook / Giphy)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
Facebook’s takeover of Giphy raises competition concerns* The CMA has provisionally found Facebook’s merger with Giphy will harm competition between social media platforms and remove a potential challenger in the display advertising market. Facebook app is being selected on a mobile phone. (...)

The UK Competition Appeal Tribunal, in a merger case involving two companies providing technology solutions to the travel industry, confirms the Competition Authority’s broad discretion to review deals with limited UK nexus (Sabre / Farelogix)
Freshfields Bruckhaus Deringer (Silicon Valley)
United States 3 contributions 752 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 2 contributions 819 visits
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Freshfields Bruckhaus Deringer (Brussels)
Belgium 5 contributions 1141 visits
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In a continuing trend of increased regulatory intervention in deals globally, the UK’s Competition Appeal Tribunal (Tribunal) has confirmed that the Competition and Markets Authority (CMA) has broad discretion to claim jurisdiction over mergers, even where one party has very limited and (...)

The UK Competition Authority finds that an acquisition of a provider of GIFs by a Big Tech company raises competition concerns in relation to digital advertising and the supply of GIFs (Facebook / Giphy)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
Facebook’s purchase of Giphy raises competition concerns* The CMA has found that Facebook’s completed acquisition of Giphy raises competition concerns in relation to digital advertising and the supply of GIFs. Giphy is an online database and search engine that allows users to share GIFs (...)

The UK Competition Authority decides that the merger between two online retail companies raises competition concerns (Adevinta / Gumtree)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
Adevinta’s purchase of Gumtree raises competition concerns* The CMA has found that Adevinta’s anticipated £6.5bn ($9.2 billion) purchase of eCG from eBay could lead to higher prices and less choice for consumers. Adevinta and eBay Classified Group (eCG) both operate online classified (...)

The UK Competition Authority orders the divestment of a merging party’s international arm in the secondary ticketing market (Viagogo / StubHub)
Van Bael & Bellis (London)
United Kingdom 16 contributions 3636 visits
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Van Bael & Bellis (London)
United Kingdom 8 contributions 1753 visits
On 2 February 2021, the UK Competition and Markets Authority (“CMA”) published its final report following a Phase 2 investigation of the completed acquisition by the ticket reseller viagogo of competitor StubHub (previously part of eBay Inc.). The $4.1 billion (£3.1 billion) transaction was (...)

The UK Competition Authority gradually moves towards a mandatory notification regime
Goodwin (London)
United Kingdom 4 contributions 717 visits
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Bird & Bird (London)
United Kingdom 28 contributions 3669 visits
In recent years, the Competition and Markets Authority (CMA) has become noticeably more pro-active and interventionist in reviewing transactions. In 2019 more than 50% of mergers referred to Phase 2 were prohibited or abandoned. At Phase 2 in 2020, the CMA has already issued three prohibitions (...)

The UK Competition Authority opens consultation on revised merger assessment guidelines
Morgan Lewis (London)
United States 14 contributions 5993 visits
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Hausfeld (London)
United Kingdom 5 contributions 1160 visits
The UK Competition and Markets Authority published for consultation updated guidelines setting out its approach to analysing mergers on 17 November. The guidelines update the current merger assessment guidelines (CC2/OFT1254), which date back to 2010, in order to reflect developments in the (...)

The UK Competition Appeal Tribunal upholds the Competition Authority’s suspension of a merger between a social media company and an online graphics database company pending an ongoing investigation (Facebook / Giphy)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA welcomes Tribunal judgment in Facebook and Giphy case* The CMA welcomes today’s Competition Appeal Tribunal judgment which dismissed all of Facebook’s grounds of appeal. The Competition and Markets Authority (CMA) is currently investigating Facebook’s purchase of Giphy, which completed (...)

The UK Competition Appeal Tribunal upholds the Competition Authority’s decision to prevent the acquisition of an online graphics database by a social media company (Facebook / Giphy)
Ashurst (London)
United Kingdom 35 contributions 17182 visits
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Ashurst (London)
United Kingdom 16 contributions 4262 visits
In a unanimous judgment, the Competition Appeal Tribunal ("CAT") dismissed Facebook’s application challenging the CMA’s refusal to grant certain derogations from an initial enforcement order ("IEO") imposed in connection with Facebook’s completed acquisition of GIPHY, Inc. WHAT YOU NEED TO (...)

The UK Competition Appeal Tribunal dismisses a social media company’s appeal against an order of the Competition Authority preventing a merger (Facebook / Giphy)
Government Legal Department (London)
United Kingdom 18 contributions 2555 visits
On 13 November 2020, the UK’s Competition Appeal Tribunal (“CAT”) dismissed Facebook’s appeal against an order by the UK’s Competition and Markets Authority (“CMA”) preventing Facebook from integrating with Giphy, a company it had acquired while the CMA conducted its investigation into the (...)

The UK Competition Authority agrees to fast-track the merger review of the country’s 2 largest equity crowdfunding platforms (Crowdcube / Seedrs)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
Crowdcube/Seedrs deal fast tracked to in-depth CMA investigation* The CMA has agreed to ‘fast track’ the anticipated merger of Crowdcube and Seedrs to an in-depth Phase 2 investigation, after finding likely competition concerns. Crowdcube Limited (Crowdcube) and Seedrs Limited (Seedrs) are (...)

The UK Competition Authority blocks a completed investment technology merger after finding it would lessen competition (FNZ / GBST)
Government Legal Department (London)
United Kingdom 18 contributions 2555 visits
On 5 November 2020, the UK’s Competition and Markets Authority (“CMA”) ordered the platform technology provider FNZ to sell GBST after finding that the completed merger between the two rivals would result in a substantial lessening of competition, which would lead to higher prices and a (...)

The UK Competition Authority blocks investment in a technology merger after finding it could lead to a reduction in the quality of service and higher prices (FNZ / GBST)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA blocks investment technology merger* The CMA has ordered FNZ to sell GBST after finding their completed merger could lead to a reduction in the quality of service and higher prices. In its final report, published today, the Competition and Markets Authority (CMA) has found that the (...)

The UK Competition Authority provisionally holds that the complete merger in the online secondary ticketing market will reduce competition and proposes structural remedies (Viagogo / StubHub)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA finds competition concerns in viagogo and StubHub merger* Following an in-depth investigation, the CMA has provisionally found that the completed merger of viagogo and StubHub will reduce competition. The Competition and Markets Authority (CMA) found that viagogo and StubHub are close (...)

The UK Competition Authority confirms its intention to cancel an investigation into a merger of online advertising agencies following the abandonment of the deal (Taboola / Outbrain)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
Digital advertising merger to be abandoned during CMA investigation* Taboola has announced that it is to abandon its proposed purchase of Outbrain. The Competition and Markets Authority (CMA) has therefore today confirmed it intends to cancel its investigation into the potential (...)

The UK Competition Authority fines an e-commerce platform for delayed compliance with a document request after merger approval (Amazon / Deliveroo)
Government Legal Department (London)
United Kingdom 18 contributions 2555 visits
On 8 September 2020, the UK’s Competition and Market Authority (“CMA”) issued a decision fining Amazon for failing to provide 189 documents by the deadline set by the CMA. The document request came during the CMA’s investigation of Amazon’s purchase of a 16% stake in the food-delivery company (...)

The UK Competition Authority clears the takeover of a fintech start-up by a global leader in electronic payments (Visa / Plaid)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
Deal between Visa and Plaid given the go-ahead* The CMA has cleared Visa’s anticipated purchase of fintech start-up Plaid. The decision by the Competition and Markets Authority (CMA) follows a Phase 1 review in which it investigated several possible ways the deal could harm competition. (...)

The UK Competition Authority clears the acquisition of a minority shareholding and certain rights in a food delivery company in its first application of the “failing firm” defence (Amazon / Deliveroo)
Charles River Associates International (CRA) (London)
United States 12 contributions 11207 visits
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Charles River Associates International (CRA) (London)
United Kingdom 2 contributions 1035 visits
On 4 August 2020 the CMA cleared Amazon’s proposed minority investment in Deliveroo. Having previously been concerned that the investment could damage competition by discouraging Amazon from re-entering restaurant food delivery in the UK and altering its competitive incentives in respect of (...)

The UK Competition Authority clears a Big Tech company’s 16% investment in an online food delivery company after finding that it will not substantially lessen competition (Amazon / Deliveroo)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA clears Amazon’s 16% investment in Deliveroo* Following an in-depth investigation, the CMA has today cleared Amazon’s 16% investment in Deliveroo after finding that it will not substantially lessen competition. The Competition and Markets Authority (CMA) completed an initial ‘Phase 1’ (...)

The UK Competition Authority finds concerns in a digital advertising merger between two companies supplying content recommendation services to major news sites (Taboola / Outbrain)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
Competition concerns found in digital advertising merger* Taboola’s purchase of Outbrain raises competition concerns in the supply of content recommendation, a type of digital advertising. The Competition and Markets Authority (CMA) has been investigating the anticipated purchase of (...)

The UK Competition Authority revises its original findings of failing firm defence due to COVID-19 after the firm’s improved performance and instead provisionally clears the acquisition of 16% of the firm’s stock based on SLC test findings (Amazon / Deliveroo)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA revises provisional findings in Amazon/Deliveroo case* The CMA has provisionally cleared Amazon’s 16% investment in Deliveroo, on the basis that it is not likely to result in a substantial lessening of competition. In its initial provisional findings, published in April, the (...)

The UK Competition Authority finds that a merger in the online secondary ticketing market raises competition concerns even after accounting for the COVID-19 difficulties (Viagogo / StubHub)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
Merger of viagogo and StubHub raises competition concerns* viagogo’s purchase of StubHub raises competition concerns in the online secondary ticketing market in the UK, a CMA investigation has found. The Competition and Markets Authority (CMA) is concerned that the loss of competition (...)

The UK Competition Authority clears merger between 2 online food delivery undertakings ahead of the statutory deadline for decision despite the COVID-19 pandemic (Just Eat / Takeaway.com)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA gives Just Eat and Takeaway.com deal the green light* The CMA has cleared the £6.2 billion merger between 2 food delivery companies. Just Eat plc (Just Eat) is one of the main food delivery firms in the UK market, while Takeaway.com N.V (Takeaway.com) operates in 11 countries overseas, (...)

The UK Competition Authority provisionally clears the acquisition of an online food delivery business by a global online shopping company to prevent it from potential bankruptcy due to the economic effects of the COVID-19 outbreak (Amazon / Deliveroo)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA provisionally clears Amazon’s investment in Deliveroo* In light of a deterioration in Deliveroo’s financial position as a result of coronavirus (COVID-19), the CMA has provisionally cleared Amazon’s investment in Deliveroo. After completing an initial, Phase 1, investigation, the (...)

The UK Competition Authority announces its provisional clearance of a proposed acquisition of a stake in a food delivery company in its first application of “failing firm” defence during the COVID-19 pandemic (Amazon / Deliveroo)
Herbert Smith Freehills (London)
United Kingdom 26 contributions 8828 visits
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Mayer Brown (London)
United Kingdom 43 contributions 18272 visits
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Herbert Smith Freehills (London)
United Kingdom 15 contributions 4676 visits
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On 17 April 2020 the CMA announced its provisional clearance of Amazon’s proposed acquisition of a stake in Deliveroo. The transaction was referred for an in-depth Phase 2 investigation in December 2019, in light of concerns about the impact on competition for the supply of online restaurant (...)

The UK Competition Authority provisionally clears the acquisition of a delivering food company (Deliveroo / Amazon)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 72774 visits
On 17 April 2020, approximately one week after the CMA found COVID-19 not to be an obstacle to its decision to block the Sabre/ Farelogix transaction, the CMA announced its provisional clearance of the acquisition by Amazon of a minority shareholding and certain rights in Deliveroo “in light (...)

The UK Competition Authority provisionally clears the acquisition of an online food delivery business by a global online shopping company (Amazon / Deliveroo)
Bird & Bird (London)
United Kingdom 28 contributions 3669 visits
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London Legends FC
4 contributions 669 visits
The CMA has provisionally cleared Amazon and Deliveroo merger On 17 April 2020, the Competition and Markets Authority ("CMA") provisionally cleared the anticipated acquisition by Amazon of certain rights and a minority shareholding in Deliveroo. The CMA’s initial analysis of the merger (...)

The UK Competition Authority blocks the merger of two online airline booking providers notwithstanding the significant impact of COVID-19 on the sector (Sabre / Farelogix)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA blocks airline booking merger* Following an in-depth investigation, the CMA has blocked Sabre’s proposed takeover of Farelogix. Among other products and services, Sabre and Farelogix supply software solutions which help airlines to sell flights via travel agents including those that (...)

The UK Competition Authority blocks a proposed merger in the market for the supply of merchandising solutions and distribution systems to airlines despite the COVID-19 pandemic (Sabre / Farelogix)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 72774 visits
Despite the uncertain future facing the global travel industry as a result of the COVID-19 pandemic, on 9 April 2020, the UK’s Competition and Markets Authority (“CMA”) announced its decision to block the proposed Sabre/Farelogix transaction, citing concerns that “UK passengers [would] miss (...)

The UK Competition Authority investigates a merger transaction in the food delivery market (Just Eat / Takeaway.com)
Bird & Bird (London)
United Kingdom 3 contributions 571 visits
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Bird & Bird (London)
United Kingdom 28 contributions 3669 visits
The Competition and Markets Authority (“CMA”) is currently investigating Takeaway.com’s acquisition of UK-listed Just Eat for £5.9 billion (see link). Shares in the combined company, Just Eat Takeaway, started trading on 3 February. However, the CMA’s initial enforcement order prohibits the (...)

The UK Competition Authority raises competition concerns regarding a merger in the markets of supply of IT systems used by airlines and travel agents to sell airline tickets (Sabre / Farelogix)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
Sabre’s takeover of Farelogix raises competition concerns* Sabre’s proposed takeover of Farelogix raises competition concerns in the supply of IT systems used by airlines and travel agents to sell airline tickets. The Competition and Markets Authority (CMA) has been investigating the (...)

The UK Competition Authority clears the takeover of a mobile payments company after conducting an in-depth Phase 2 probe (PayPal / iZettle)
Charles River Associates International (CRA) (London)
United States 12 contributions 11218 visits
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Charles River Associates International (CRA) (London)
United Kingdom 3 contributions 1062 visits
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Charles River Associates International (CRA) (Boston)
United States 1 contribution 555 visits
Acquisitions of Potential Rivals in Digital/Tech: Valuation Analysis as Key Economic Too - PayPal/iZettle Antitrust authorities everywhere are increasingly concerned with so-called “killer acquisitions” – cases where an established incumbent buys up a small rival which might have the (...)

The UK Competition Authority clears a merger in the online and offline payment services market (PayPal / iZettle)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA clears PayPal / iZettle deal* The CMA has cleared PayPal’s completed takeover of rival mobile payments company iZettle after an in-depth, Phase 2, investigation. Both companies provide mobile point of sale (mPOS) devices that enable businesses to take ‘offline’ payments through a card (...)

The UK Competition Authority clears the acquisition of a Swedish fintech company after completing an in-depth phase II review (PayPal / iZettle)
Freshfields Bruckhaus Deringer (London)
United Kingdom 1 contribution 128 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 7 contributions 1407 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 4 contributions 893 visits
The Competition and Markets Authority (CMA) has provisionally cleared PayPal’s $2.2 billion acquisition of Swedish fintech company iZettle after completing an in-depth, Phase 2 review. The CMA’s decision comes amidst mounting pressure on antitrust authorities to scrutinise deals involving (...)

The UK Government adopts the Furman report to reshape the UK competition policy
Works in Progress (San Francisco)
United States 2 contributions 122 visits
The Furman Report is a Flimsy Basis for a New UK Competition Policy* Earlier this year the UK government announced it was adopting the main recommendations of the Furman Report into competition in digital markets and setting up a “Digital Markets Taskforce” to oversee those recommendations (...)

The UK Competition Authority issues provisional findings in the potential merger between online retailers of delivered goods (Sainsbury / Asda)
Bird & Bird (London)
United Kingdom 19 contributions 3560 visits
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Bird & Bird (London)
United Kingdom 28 contributions 3670 visits
Sainsbury’s and Asda are the second and third largest grocery retailers in the UK respectively, and represent two of the four largest online retailers of delivered goods in the UK. Their networks include supermarkets, convenience stores and petrol filling stations. Both parties also retail (...)

The UK OFT decides not to refer an anticipated acquisition in the social networking industry to the Competition Commission (Facebook / Instagram)
Herbert Smith Freehills (Brussels)
Belgium 121 contributions 74430 visits
In May 2012 the Office of Fair Trading (OFT) opened a merger investigation into the acquisition by Facebook Inc (Facebook) of Instagram Inc (Instagram). This was the first time a merger involving Facebook, the global colossus in the social networking industry, publicly came under the scrutiny (...)

The UK Competition Authority clears an entertainment industry merger for the second time without remedies following an appeal to the Competition Appeal Tribunal (Ticketmaster / Live Nation)
Oxera (London)
United States 4 contributions 3230 visits
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Oxera (Oxford)
United Kingdom 2 contributions 4207 visits
On May 7th 2010, the UK Competition Commission (CC) cleared unconditionally the completed merger between Ticketmaster Entertainment, Inc (Ticketmaster) and Live Nation, Inc (Live Nation). The case had previously been cleared by the CC in December 2009, but following a successful appeal by a (...)

The UK Competition Authority concludes that a proposed merger in the entertainment industry would not result in a substantial lessening of competition in the market for live music ticket retailing (Ticketmaster / Live Nation)
Ashurst (Milan)
Italy 103 contributions 30349 visits
Ticketmaster/Live Nation merger gets final clearance in the UK* On 7 May 2010, the UK Competition Commission (“CC”) reaffirmed its initial decision of December 2009 (see Newsletter 1/2010 p. 9 for details) concluding that the merger of Live Nation and Ticketmaster would not result in a (...)

The UK Competition Appeal Tribunal orders the Competition Commission to reconsider its clearance of a merger on the basis of the absence of vertical concerns (Ticketmaster / Live Nation)
Herbert Smith Freehills (Brussels)
Belgium 121 contributions 74430 visits
Following a reference of the case to it from the OFT, on 22 December 2009, the UK Competition Commission ("CC") announced that it had decided to clear unconditionally the proposed merger of Ticketmaster Entertainment Inc. ("Ticketmaster"), a ticketing agent, and Live Nation Inc. ("Live (...)

The UK OFT refers a vertical merger to the Competition Authority based on horizontal concerns (Ticketmaster / Live Nation)
Herbert Smith Freehills (Brussels)
Belgium 121 contributions 74430 visits
On 11 June 2009, the Office of Fair Trading ("OFT") announced that it had decided to refer the proposed merger of Ticketmaster Entertainment Inc ("Ticketmaster") and Live Nation Inc ("Live Nation") to the Competition Commission ("CC") for an in-depth investigation. Despite the fact that there (...)

Procedures

 The UK Supreme Court dismisses a single claimant’s class action attempt against a Big Tech company for alleged contraventions of data protection law but lowers the bar for future representative actions (Google / Lloyd)
Covington & Burling (London)
United Kingdom 1 contribution 355 visits
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Covington & Burling (Brussels)
Belgium 1 contribution 355 visits
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Covington & Burling (London)
United Kingdom 6 contributions 1454 visits
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On 10 November 2021, the UK Supreme Court ruled in favour of Google in a landmark judgment against an attempt by a single claimant, Mr Richard Lloyd, to bring a representative action on behalf of a class of 4 million iPhone users relating to Google’s alleged contraventions of data protection (...)

The England & Wales High Court provides guidance on balancing conflicting interests in cases involving the protection of a Big Tech company’s confidential and technical information on its search algorithms (Foundem / Google)
Quinn Emanuel Urquhart & Sullivan (London)
United Kingdom 3 contributions 690 visits
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Hausfeld (London)
United Kingdom 8 contributions 2074 visits
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Hausfeld (London)
United Kingdom 7 contributions 1803 visits
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Introduction There is an emerging trend in competition damages cases in England for the majority of documents to be disclosed into so-called “confidentiality rings.” These restrictive confidentiality procedures can result, in certain instances, in the parties themselves being precluded from (...)

The UK Competition Authority fines a digital advertising company £20,000 for failure to respond to a market study information request into online platforms (AppNexus)
ADNOC Group (Abu Dhabi)
Émirats arabes unis 29 contributions 5554 visites
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Ashurst (London)
United Kingdom 16 contributions 4262 visits
AppNexus Europe Limited ("AppNexus") has been fined GBP 20,000 for failing to comply with an information request issued by the UK Competition and Markets Authority ("CMA"). The fine relates to an information request imposed by the CMA as part of its ongoing market study into online platforms (...)

The UK Competition Appeal Tribunal hands down its judgement upholding the Competition Authority’s decision that an online sales ban constituted a restriction of competition by object (Ping)
Herbert Smith Freehills (London)
United Kingdom 45 contributions 9669 visits
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Herbert Smith Freehills (London)
United Kingdom 14 contributions 3731 visits
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Herbert Smith Freehills (Brussels)
Belgium 121 contributions 74430 visits
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On 7 September 2018, the Competition Appeal Tribunal ("CAT") handed down its judgment in Ping upholding the Competition and Market Authority ("CMA")’s decision that Ping’s online sales ban ("OSB") constituted a restriction of competition by object under EU and UK competition law. The aim of (...)

The UK Patents Court declines an application to transfer a dispute on FRAND to the Competition Appeals Tribunal (Unwired Planet / Huawei / Samsung)
Hogan Lovells (London)
United Kingdom 1 contribution 242 visits
UK Patents Court refuses to transfer Unwired Planet competition claims to CAT*Background and status of proceedingsIn summary, Unwired Planet is asserting a number of patents against Huawei and Samsung, both of whom sell mobile devices and infrastructure equipment. The litigation has been (...)

The England & Wales High Court opts for targeted disclosure in a private stand-alone claim against a web search engine provider (Foundem / Google)
Ashurst (London)
United Kingdom 8 contributions 2594 visits
Background On 30 November 2010, the EU Commission (the “Commission”) announced that it had opened an investigation into allegations that Google has abused its dominant position, contrary to Article 102 TFEU, following multiple complaints. On 21 May 2012, the Commission published its (...)

The UK Competition Appeal Tribunal dismisses an appeal to seek a review of the Competition Authority decision concerning the extended warranties website (John Lewis)
University of Manchester
United Kingdom 9 contributions 2059 visits
Background of the case John Lewis plc (“JLP”) case rules out a dispute about the information that should appear on a price comparison website that is related to extended warranties (“EW”) for TVs, washing machines and other domestic electrical goods (“DEGs”). This stems from the Office of (...)

The England & Wales Court of Appeal challenges the decision of OFCOM to award licences by way of auction (T-Mobile & Telefónica 02 UK)
University Paris-Panthéon-Assas
France 9 contributions 25491 visits
On 4th April 2008, OFCOM published a document entitled “Award of available spectrum: 2500-2690 MHz, 2010-2025MHz” (hereafter “The Award”). This document contained important information on how and when OFCOM intended to go about licensing the spectrum concerned. The contentious decision was (...)

Regulatory

 The UK Competition Authority welcomes a draft piece of legislation which enhances the ability of the Competition Authority to stamp out unfair practices and promote competition in digital markets
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
New bill to stamp out unfair practices and promote competition in digital markets* The CMA welcomes draft legislation enhancing its ability to promote competition and protect consumers, including new powers for its Digital Markets Unit. The Digital Markets, Competition and Consumers (DMCC) (...)

The UK Competition Authority reiterates its commitment to promote effective competition in digital markets following the introduction of the Digital Markets, Competition and Consumers Bill to the Parliament
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
Ensuring effective competition in digital markets, for people, businesses and the economy* A statement on mergers and digital markets from Marcus Bokkerink, Chair, and Sarah Cardell, CEO, CMA. The CMA’s purpose is to help people, businesses and the UK economy by promoting competitive (...)

The UK Government introduces a Bill before Parliament which would hand new powers to the Competition Authority to regulate digital markets
Herbert Smith Freehills (London)
United Kingdom 45 contributions 9669 visits
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Herbert Smith Freehills (London)
United Kingdom 14 contributions 3731 visits
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Herbert Smith Freehills (London)
United Kingdom 26 contributions 8827 visits
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The Digital Markets, Competition and Consumer Bill (DMCC Bill) has now been published and introduced before Parliament. This Bill is long awaited, having been delayed by parliamentary priorities and timing considerations. Its scope and implications are wide-ranging, and follow on both from a (...)

The UK Government introduces a new bill to ramp up regulation and enforcement in digital markets
Freshfields Bruckhaus Deringer (London)
United Kingdom 4 contributions 947 visits
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Freshfields Bruckhaus Deringer (London)
Royaume-Uni 6 contributions 5798 visites
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Freshfields Bruckhaus Deringer (Brussels)
Belgium 2 contributions 136 visits
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After months of waiting, the UK government has now introduced into Parliament the text of the hotly anticipated Digital Markets, Competition and Consumers Bill (the Bill). Sarah Cardell, CEO of the UK Competition and Markets Authority (CMA), has described this as a “flagship bill” which has (...)

The UK Government publishes a flagship draft bill to increase antitrust scrutiny of digital markets
Hogan Lovells (London)
United Kingdom 5 contributions 1978 visits
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Hogan Lovells (London)
United Kingdom 8 contributions 1765 visits
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Hogan Lovells (London)
United Kingdom 14 contributions 4596 visits
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On 25 April 2023, the Government published the long-anticipated draft Digital Markets, Competition and Consumers Bill (the Bill), consolidating the results of two consultations launched in July 2021. If enacted, the Bill will introduce a broad range of competition and consumer law reforms, as (...)

The UK Government introduces the highly anticipated Digital Markets, Competition and Consumers Bill which creates a new ex-ante regime for digital markets
Morgan Lewis (London)
United Kingdom 27 contributions 10141 visits
The UK government recently published the highly anticipated Digital Markets, Competition and Consumers Bill, creating a new ex-ante regime for digital markets through proposed changes to UK competition law and enhanced consumer protection. The April 25, 2023 Bill is the UK equivalent of the (...)

The UK Government introduces the Digital Markets, Competition and Consumers Bill to revamp the merger control regime for the digital age
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 62 contributions 28822 visits
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Skadden, Arps, Slate, Meagher & Flom (London)
United Kingdom 27 contributions 8238 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 69 contributions 33345 visits
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On 25 April 2023, the UK government published the Digital Markets, Competition and Consumers Bill (Bill), which will introduce wide-ranging amendments to the UK competition and consumer law regimes that expand the powers of the Competition and Markets Authority (CMA) and significantly alter (...)

The UK Government proposes to hand the Competition Authority new broad powers to boost competition in digital markets
Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 62 contributions 28822 visits
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Skadden, Arps, Slate, Meagher & Flom (London)
United Kingdom 27 contributions 8238 visits
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
Belgium 69 contributions 33345 visits
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On April 25, 2023, the UK Government published its long-awaited Digital Markets, Competition and Consumers Bill (Bill) which, among other things, introduces a new ex ante regulatory regime for digital markets. The Bill largely follows the Spring 2022 proposals made in the government’s (...)

The UK Parliament publishes the Digital Markets, Competition and Consumers Bill to oversee and enforce an updated regulatory regime for the digital markets
Dechert (London)
United Kingdom 6 contributions 2112 visits
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Dechert (London)
United Kingdom 9 contributions 3376 visits
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Dechert (London)
United Kingdom 1 contribution 83 visits
Key Takeaways The UK’s long-awaited Digital Markets, Competition and Consumers Bill, published this week, brings in a new antitrust regime for Big Tech in the UK. The Bill provides statutory footing and powers for a new body, the Digital Markets Unit (“DMU”), to oversee and enforce the new (...)

The UK Government announces the Digital Markets, Competition and Consumers Bill to introduce a wide range of reforms in the regulation of Big Tech
Ashurst (London)
United Kingdom 35 contributions 17182 visits
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Ashurst (London)
United Kingdom 8 contributions 3360 visits
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Ashurst (London)
United Kingdom 16 contributions 4262 visits
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On 25 April 2023, the UK Government introduced the draft Digital Markets, Competition and Consumers Bill (the "Bill"). The date for the second reading is yet to be formally scheduled. In our first update, we provide a high level overview of the proposed reforms. Subsequent updates will focus (...)

The UK Competition Authority provides its guidance for the newly finalised framework for vertical agreements
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 21 contributions 22450 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 5 contributions 710 visits
On July 12, the CMA published its final guidance (the Guidance) accompanying the UK’s block exemption for vertical agreements (VABEO). The VABEO came into force on June 1, replacing the retained EU framework. The Guidance supplements the VABEO for agreements not covered by the block (...)

The UK Government publishes its plans for a new digital markets regulatory regime
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 14 contributions 3352 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 21 contributions 22450 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 4 contributions 570 visits
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The UK Government has published its response to the consultation on a new regulatory regime for digital markets on May 6, 2022. The regime aims to promote competition in digital markets for the benefit of consumers. It will be targeted at a small number of firms designated with having (...)

The UK Competition Authority and Ofcom publish their advice on new rules for the relationship between platforms and publishers
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 14 contributions 3352 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 6 contributions 1015 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 5 contributions 1886 visits
Background The UK Competition and Markets Authority (CMA) and telecoms regulator (Ofcom) recently published a joint paper setting out their advice to the Department for Culture, Media and Sport (DCMS) on new rules for digital platforms’ use of publishers’ content. The DCMS asked the CMA and (...)

The UK Competition Authority designates a Big Tech company as a grocery retailer to protect suppliers (Amazon)
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA designates Amazon as a grocery retailer to protect suppliers* The CMA has announced that industry rules setting out how grocery retailers should treat their suppliers will now apply to Amazon. Amazon.com, Inc’s (Amazon) increasing activity in the UK groceries’ sector in recent years (...)

The UK Competition Authority and the Data Protection Authority publish a joint statement on how competition and data protection issues overlap in the digital economy
Bird & Bird (London)
United Kingdom 19 contributions 3560 visits
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Bird & Bird (London)
United Kingdom 6 contributions 3079 visits
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Bird & Bird (London)
United Kingdom 1 contribution 808 visits
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The well-known (and somewhat over-simplistic) paradox that data protection laws aim to keep personal data contained whilst competition law wants personal data to be more freely available is the premise behind the two UK regulators’ latest collaboration. In the last two years, the UK Data (...)

The UK Government clarifies the scope of the new national security and investment bill
White & Case (London)
United Kingdom 27 contributions 13837 visits
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White & Case (London)
United Kingdom 12 contributions 2959 visits
In November 2020, the UK published a draft of its new National Security and Investment Bill ("NSIB"), heralding the introduction of a new regime for reviewing investments on national security grounds. The Bill introduced a mandatory pre-screening mechanism for certain deals involving (...)

The EU Commission and UK Government publish ground-breaking proposals which threaten to revolutionize the governance of digital platforms
Bird & Bird (London)
Royaume-Uni 4 contributions 481 visites
At the end of 2020, both the EU and the UK published ground-breaking proposals which threaten to revolutionize the governance of digital platforms. The EU published the proposed Digital Markets Act (DMA) which will seek to establish an ex ante framework to govern “Gatekeeper” digital (...)

The UK Competition Authority proposes a pro-competition regime for digital markets
Simmons & Simmons (London)
United Kingdom 13 contributions 3226 visits
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Herbert Smith Freehills (Brussels)
Belgium 22 contributions 7392 visits
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Herbert Smith Freehills (London)
United Kingdom 60 contributions 21721 visits
On 8 December 2020 the CMA issued advice to the UK government on the design and implementation of a new pro-competition regime for digital markets. The advice was prepared by the Digital Markets Taskforce (DMT) formally launched by the CMA on 1 July 2020, following recommendations by the (...)

The UK Competition Authority publishes recommendations for the regulation of digital markets
Covington & Burling (London)
Royaume-Uni 16 contributions 4073 visites
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Covington & Burling (London)
Royaume-Uni 5 contributions 1382 visites
The UK Competition and Markets Authority (“CMA”) has published advice to the UK Government on the design and implementation of a new regulatory regime for digital markets. The new regime, if implemented, will apply to certain digital businesses that are designated as having Strategic Market (...)

The UK Competition Authority publishes a report setting out recommendations that the Government could implement to regulate technology firms in a way that promotes competition in digital markets
Hausfeld (London)
United Kingdom 4 contributions 2049 visits
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Ashurst (London)
United Kingdom 8 contributions 3360 visits
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Hausfeld (London)
United Kingdom 7 contributions 1803 visits
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In December 2020, the CMA’s Digital Markets Taskforce (DMT) published its report setting out 15 recommendations which the UK Government could implement to regulate technology firms with ‘strategic market status’ (SMS) in a way that promotes competition, innovation and protects consumers and (...)

The UK Competition Authority advises the Government on a regulatory regime for tech giants
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105156 visits
CMA advises government on new regulatory regime for tech giants* The CMA has issued advice to government on the design and implementation of the UK’s new pro-competition regime for digital markets. New regime will proactively shape the behaviour of the most powerful tech firms It will ensure (...)

The UK Competition Authority releases a market study on online platforms and digital advertising
Herbert Smith Freehills (London)
United Kingdom 45 contributions 9669 visits
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Herbert Smith Freehills (Brussels)
Belgium 121 contributions 74430 visits
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Mayer Brown (London)
Royaume-Uni 43 contributions 18272 visites
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In July 2020, the UK’s Competition and Markets Authority (“CMA”) published its market study final report “Online platforms and digital advertising” (“Report”) (see the Report here). The Report includes significant recommendations on the future regulation of platforms funded by digital (...)

The UK Competition Authority publishes its long-awaited final report of its online platforms and digital advertising market study
Hausfeld (London)
United Kingdom 7 contributions 2122 visits
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Hausfeld (London)
United Kingdom 11 contributions 1674 visits
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Hausfeld (London)
United Kingdom 8 contributions 2074 visits
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On 1 July 2020, the UK’s Competition and Markets Authority published its long-awaited final report of its online platforms and digital advertising market study (CMA Final Report). In so doing, it has confirmed what many have been saying for some time: serious competition concerns exist in this (...)

The UK Competition Authority publishes guidance on its functions to explain the effects of Brexit on the application of competition law in the UK during and after the transition period
Baker Botts (Brussels)
Belgium 28 contributions 21625 visits
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University of Tilburg
Belgium 15 contributions 14355 visits
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Baker Botts (London)
United Kingdom 9 contributions 2541 visits
The EU and the UK have now both set out their negotiating mandates for the forthcoming trade negotiations. On 25 February 2020, the Council of the EU adopted a formal decision authorising the commencement of trade negotiations with the UK, together with a revised version of the European (...)

The UK Competition Authority publishes its digital markets strategy to ensure a level playing field where all businesses can compete on the merits of their offering
Bird & Bird (London)
Royaume-Uni 19 contributions 3561 visites
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Bird & Bird (London)
Royaume-Uni 28 contributions 3670 visites
In the context of increasing enforcement in the digital sector, the CMA published its Digital Markets Strategy ("DMS") in July 2019. It aims to ensure a level playing field where all businesses can compete on the merits of their offering. The DMS sets out strategic aims supported by the (...)

The UK Competition Authority publishes its digital markets strategy into online platforms and digital advertising
Bird & Bird (Sydney)
Australia 28 contributions 3525 visits
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Spencer West (London)
United Kingdom 4 contributions 251 visits
Digital search engines, social media platforms and other digital content aggregation platforms have come under increasing global scrutiny in recent times. We are at a critical point in understanding the impact global digital search engines and platforms have on content aggregation, markets (...)

The UK Digital Competition Expert Panel releases its report setting out its proposed changes for effective regulation of the digital economy
Freshfields Bruckhaus Deringer (London)
United Kingdom 1 contribution 141 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 8 contributions 19149 visits
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Freshfields Bruckhaus Deringer (London)
United Kingdom 4 contributions 947 visits
On 13 March 2019, the UK’s Digital Competition Expert Panel, led by advisor to former US President Barack Obama, Professor Jason Furman, released its report setting out its proposed changes for effective regulation of the digital economy (the Report). UK Chancellor, Phillip Hammond, who (...)

The UK Supreme Court considers Article 20 of the EU Framework Directive and finds no justification for the Court of Appeal to set aside the analysis of the CAT as regards ladder pricing in wholesale termination charges for certain non-geographic telephone numbers (BT / Telefónica O2)
Blackstone Chambers (London)
United Kingdom 11 contributions 3127 visits
Dogma in telecoms, cream for the CAT: 08- numbers in the Supreme Court* The Supreme Court handed down on 9 July 2014 its judgment in British Telecommunications plc v Telefónica O2 UK Ltd & Ors [2014] UKSC 42. Reversing the decision of the Court of Appeal (blogged on here by Emily Neill), (...)

The UK Supreme Court restores the finding that Ofcom overstepped its regulatory powers under the Framework Directive with respect to a carrier’s termination charges to other mobile carriers (BT v Telefónica and others)
Ashurst (London)
United Kingdom 8 contributions 2594 visits
On 9 July 2014, the UK Supreme Court handed down its judgment in BT v Telefónica and others , restoring earlier judgments by the Competition Appeal Tribunal (the “CAT”) in August 2011 [ [2011] CAT 24; [2011] CAT 26.]], which was overturned by the Court of Appeal on 25 July 2012 . The judgments (...)

The England & Wales Court of Appeal rules that it was neither appropriate nor necessary to align the resolution of referred disputes to English common law causes of action and remedies (BT)
Blackstone Chambers (London)
United Kingdom 2 contributions 307 visits
As long as the regulator’s foot* The Court of Appeal’s remarks in BT v Ofcom (Partial Private Circuits) make Ofcom’s dispute-resolution power a still more distinctive alternative to court litigation, and in the right circumstances a more attractive one. The appeal arose out of a dispute, (...)

The England & Wales High Court of Justice rules that an auction website cannot be held responsible for fake products sold through its website and refers to the ECJ for some other key issues (L’Oréal / eBay)
EDHEC (Lille)
France 8 contributions 16759 visits
Is eBay primarily and/or jointly liable for trademark infringements committed by some of its users selling counterfeit items through the auction website? Does the online auctioneer itself commit infringements by using luxury brands as advertising keywords, in order to promote its online (...)

The UK Competition Appeal Tribunal holds that in determining disputes the telecommunications regulator failed to address the real content of the disputes and assesses what the role of a regulator should be (T-Mobile / British Telecommunications / Hutchison 3G / Cable & Wireless UK / ORS / Vodafone)
University Paris-Panthéon-Assas
France 9 contributions 25492 visits
The background of this case This case is an appeal from a determination made by OFCOM under its dispute resolution powers . It is only a judgment on the core issues and not on the entire case. Here the CAT will only deal with important questions of law. This case deals with two types of (...)

The UK Office of Communications publishes an annual report considering the impact of the Telecoms Review on the telecoms market (BT Undertakings)
Allen & Overy (London)
United Kingdom 3 contributions 8294 visits
Introduction In 2004, the UK Office of Communications (Ofcom) conducted a strategic review of the UK telecommunications sector (the Review). The Review led to the imposition of a set of undertakings on British Telecom (BT), the UK incumbent telecoms provider (the BT Undertakings), which were (...)