UK & Covid-19

Foreword UK & Covid-19: An overview of the competition policy and leading cases

An outbreak of COVID-19 pneumonia was detected in Wuhan, China and reported to the World Health Organisation on 31 December 2019 and characterised as a pandemic on 11 March 2020. In the absence of either a treatment or a vaccine, Government advice on social distancing, concerns about disruption that would result if the widespread closure of borders was to prove necessary and anticipation and implementation of stay-at-home protocols resulted in rapid and substantial changes in patterns of consumer demand.

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University of Cambridge
United Kingdom 8 contributions 2174 visits

Anticompetitive practices

 The UK Competition Authority imposes interim measures while it prolongs due to COVID-19 pandemic its investigation of an updated agreement between major airlines on providing slots to other competitors on certain UK-US routes (Atlantic Joint Business Agreement)
UK Competition & Markets Authority - CMA (London)
United Kingdom 382 contributions 95103 visits
CMA acts to protect competition on UK-US airline routes* Due to coronavirus, the CMA has imposed measures to protect competition on UK-US air routes while it investigates an agreement involving BA and American Airlines. The next year will see the expiry of remedies in place under a set of (...)

The UK Government’s dairy produce order which relaxes the application of competition law in the dairy sector during COVID-19 pandemic has expired
Morgan Lewis (London)
United Kingdom 28 contributions 16330 visits
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Morgan Lewis (London)
United Kingdom 26 contributions 9836 visits
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Morgan Lewis (London)
United Kingdom 3 contributions 704 visits
The UK government’s Dairy Produce Order of May 1, 2020, which temporarily relaxed the application of UK competition law to certain types of cooperation in the dairy sector between dairy produce suppliers or dairy logistic service providers during the ongoing coronavirus (COVID-19) pandemic, (...)

The UK Parliament adopts a dairy produce order which aims at relaxing UK competition law on certain aspects of cooperation between dairy suppliers and service producers to deal with the issues in the supply chain caused by the COVID-19 pandemic
Morgan Lewis (London)
United Kingdom 28 contributions 16330 visits
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Morgan Lewis (London)
United Kingdom 26 contributions 9836 visits
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Morgan Lewis (London)
United Kingdom 3 contributions 704 visits
The UK Parliament on May 1 adopted the Dairy Produce Order, which temporarily relaxes the application of UK competition law to certain types of cooperation between either dairy produce suppliers or logistic service providers to address issues in the supply chain caused by the ongoing (...)

The UK Government temporarily suspends competition law to allow ferry operators to the Isle of Wight to cooperate on routes and flow of goods during the COVID-19 outbreak
UK Competition & Markets Authority - CMA (London)
United Kingdom 382 contributions 95103 visits
Government to suspend competition law to support Isle of Wight ferry routes* Competition law to be temporarily suspended to allow ferry operators to maintain a crucial lifeline between the island and the mainland. Business Secretary to waive competition law for vital Isle of Wight crossings (...)

The UK Government publishes an order that excludes certain arrangements in the healthcare sector from the Competition Act to tackle COVID-19 pressures
Hill Dickinson (Leeds)
United Kingdom 1 contribution 221 visits
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Hill Dickinson (London)
United Kingdom 1 contribution 221 visits
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Hill Dickinson (Leeds)
United Kingdom 1 contribution 221 visits
Healthcare providers - suspension of competition law provisions to tackle coronavirus pressures* To ensure that healthcare providers can work together effectively to tackle the coronavirus pandemic, an order has been made to exclude certain arrangements within the healthcare sector from (...)

The UK Secretary of State announces temporary competition law arrangements in the groceries sector
RPC (London)
United Kingdom 1 contribution 159 visits
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Quinn Emanuel Urquhart & Sullivan (London)
United Kingdom 1 contribution 159 visits
COVID-19 - The Groceries Sector: Temporary Competition Law Exemption Comes into Force* In light of "exceptional and compelling reasons of public policy" arising from the Covid-19 pandemic, the Secretary of State (the "SoS") has announced temporary competition law arrangements in the (...)

The UK Competition Authority lays its guidances of approach to business cooperation in response to COVID-19 outbreak
UK Competition & Markets Authority - CMA (London)
United Kingdom 382 contributions 95103 visits
Introduction The focus of the CMA in the next few months will be to protect UK consumers from the adverse consequences of the COVID-19 pandemic to the greatest extent possible. The CMA is conscious of concerns that competition law enforcement could impede necessary cooperation between (...)

The UK Competition Authority issues guidance on business cooperation during the COVID-19 outbreak
Morgan Lewis (London)
United Kingdom 26 contributions 9836 visits
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Morgan Lewis (London)
United Kingdom 28 contributions 16330 visits
New guidance from UK Competition and Markets Authority allows coordination between businesses in certain circumstances, such as to avoid shortages, protect the public interest, and safeguard health, amid the coronavirus (COVID-19) pandemic. However, the guidance also underscores that the UK (...)

The UK Competition Authority publishes guidance on cooperation between businesses especially grocers during the COVID-19 crisis
Eunomia Research & Consulting (Bristol)
United Kingdom 1 contribution 399 visits
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Bristows (London)
United Kingdom 2 contributions 666 visits
COVID-19: The UK Government’s temporary relaxation of competition law for grocers* On 19 March 2020, the UK Government announced that it would be temporarily waiving certain competition laws in order to allow grocers to coordinate their responses to supply issues during the COVID-19 (...)

The UK Competition Authority publishes guidance on forms of cooperation considered as temporarily permissible during the COVID-19 outbreak
Hogan Lovells (London)
United Kingdom 1 contribution 129 visits
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Hogan Lovells (London)
United Kingdom 2 contributions 313 visits
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Hogan Lovells (London)
United Kingdom 14 contributions 4485 visits
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Competition/antitrust laws generally require rival firms to operate on the market independently of each other and tolerate cooperation between competitors only in limited circumstances where any resulting loss of competition is clearly offset by consumer benefits. But as businesses scramble to (...)

The UK Competition Authority welcomes the Governments’ relaxation of competition law for supermarkets during the COVID-19 outbreak and promises no enforcement action against businesses engaging in cooperation to supply essential products and services
UK Competition & Markets Authority - CMA (London)
United Kingdom 382 contributions 95103 visits
COVID-19: CMA approach to essential business cooperation* The CMA is very conscious of concerns that competition law enforcement could impede necessary cooperation between businesses to deal with the current crisis and ensure security of supplies of essential products and services, such as (...)

The UK Government and the Competition Authority adopt two recent measures against shortages and high prices during the COVID-19 outbreak
Greenberg Traurig (London)
United Kingdom 3 contributions 3369 visits
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UK Competition & Markets Authority - CMA (London)
United Kingdom 1 contribution 617 visits
The rapid spread of COVID-19 in the United Kingdom and the measures being implemented to counter the disease have resulted in an unprecedented surge of consumer demand for groceries and other essential supplies. Safeguarding consumers against shortages and high prices is at the heart of two (...)

The UK Government and the Competition Authority announce they will formally waive UK competition law for a limited period to allow supermarket retailers to share data on stock levels
McGuireWoods (London)
United Kingdom 1 contribution 791 visits
All companies are scrambling to respond to the challenges brought on by the COVID-19 pandemic and in various sectors cooperation between competitors is seen as part of the solution. However, cooperation — or in some cases contact or information exchange — between competitors potentially (...)

The UK Government announces measures to allow supermarkets to work together to feed the nation during the COVID-19 outbreak
Morgan Lewis (London)
United Kingdom 26 contributions 9836 visits
The UK government announced on March 19 that as part of a package of measures to allow supermarkets to work together to feed the nation during the coronavirus (COVID-19) outbreak, elements of competition law will be temporarily relaxed for the food sector. Authorities, however, stressed that (...)

Unilateral Practices

 The UK Competition Authority opens investigations against four pharmacies and convenience stores for suspected breaches of antitrust rules by charging excessive and unfair prices for hand sanitiser products during the COVID-19 outbreak
Morgan Lewis (London)
United Kingdom 5 contributions 1112 visits
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Morgan Lewis (London)
United Kingdom 28 contributions 16330 visits
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Morgan Lewis (London)
United Kingdom 26 contributions 9836 visits
The UK Competition and Markets Authority on June 19 announced that it had opened investigations against four pharmacies and convenience stores in relation to suspected breaches of antitrust rules by charging excessive and unfair prices for hand sanitiser products during the coronavirus (...)

The UK Competition Authority publishes update on its COVID-19 taskforce including a number of excessive pricing complaints and investigations
UK Competition & Markets Authority - CMA (London)
United Kingdom 382 contributions 95103 visits
CMA publishes update on COVID-19 Taskforce* The CMA has today published an update from its COVID-19 Taskforce, set up to monitor and respond to consumer and competition problems arising from the pandemic. As part of the Taskforce’s work, it asked the public for information about businesses (...)

The UK Competition Authority investigates four pharmacies and convenience stores for excessive and unfair pricing of hand sanitiser products during the COVID-19 pandemic
Bird & Bird (London)
United Kingdom 28 contributions 3389 visits
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London Legends FC
4 contributions 637 visits
The Competition and Markets Authority (CMA) is investigating four pharmacies and convenience stores for suspected breaches of competition law. The investigations, under Chapter II of the Competition Act 1998 (CA 98), relate to suspected charging of excessive and unfair prices for hand (...)

The UK Competition Authority writes an open letter to the pharmaceutical, food and drink industries warning them not to exploit the COVID-19 outbreak to charge prices that might be deemed excessive
UK Competition & Markets Authority - CMA (London)
United Kingdom 382 contributions 95103 visits
Coronavirus (COVID-19): CMA open letter to pharmaceutical and food and drink industries.* The Competition and Markets Authority has published an open letter for businesses in the pharmaceutical and food and drink industries. Details We have written an open letter to the pharmaceutical (...)

Mergers

 The UK Competition Authority publishes its final remittal report deciding to block a completed acquisition by sports-inspired casual footwear and apparel retailer of its rival (JD Sports / Footasylum)
Van Bael & Bellis (London)
United Kingdom 16 contributions 3477 visits
On 5 November 2021, the UK’s Competition and Markets Authority (“CMA”) published its final remittal report into the completed acquisition by sports-inspired casual footwear and apparel retailer JD Sports (“JD”) of rival Footasylum, deciding (once again) to block the transaction. This is the (...)

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 382 contributions 95103 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 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 382 contributions 95103 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 Australian, German and UK Competition Authorities release a joint statement on merger control enforcement
Australian Competition and Consumer Commission (Canberra)
Australia 390 contributions 81881 visits
Landmark joint statement on merger control enforcement from ACCC, UK’s CMA and Germany’s Bundeskartellamt* The ACCC, the UK’s Competition and Markets Authority and Germany’s Bundeskartellamt have today issued a joint statement highlighting the importance of rigorous and effective merger (...)

The UK, German and Australian Competition Authorities agree on a joint statement on merger control
German Competition Authority (Bonn)
Germany 447 contributions 113455 visits
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Australian Competition and Consumer Commission (Canberra)
Australia 390 contributions 81881 visits
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UK Competition & Markets Authority - CMA (London)
United Kingdom 382 contributions 95103 visits
Competition Agencies from Germany, the UK and Australia agree on Joint Merger Statement* Today, the Bundeskartellamt, the UK’s Competition and Markets Authority (CMA) and the Australian Competition and Consumer Commission (ACCC) have agreed on a joint statement on merger control. The joint (...)

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 3477 visits
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Van Bael & Bellis (London)
United Kingdom 8 contributions 1620 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 requires national ticket exchange and resale company to sell secondary ticketing platform’s international business to address competition concerns (Viagogo / StubHub)
UK Competition & Markets Authority - CMA (London)
United Kingdom 382 contributions 95103 visits
CMA requires viagogo to sell StubHub’s international business* The CMA is requiring viagogo to sell all of StubHub’s business outside North America after its in-depth investigation identified competition concerns. The Competition and Markets Authority (CMA) has concluded that the merger (...)

The UK Competition Authority looks to appeal a Competition Appeal Tribunal judgment stating the lack of information regarding the impact of the COVID-19 pandemic in sportswear retailer case (JD Sports / Footasylum)
UK Competition & Markets Authority - CMA (London)
United Kingdom 382 contributions 95103 visits
CMA looks to appeal CAT judgment in JD Sports case* After careful consideration, the CMA has today applied for permission to appeal the CAT’s recent judgment in the JD Sports/Footasylum case. Last month, the Competition Appeal Tribunal (CAT) supported the Competition and Markets (...)

The UK Competition Appeal Tribunal dismisses the Competition Authority’s decision and authorizes the acquisition of a company in the sports retailing sector in light of the COVID-19 pandemic (JD Sports / Footasylum)
Van Bael & Bellis (Brussels)
Belgium 38 contributions 9226 visits
On 13 November 2020, the UK Competition Appeal Tribunal (“CAT”) upheld an appeal brought by JD Sports against the Competition and Markets Authority’s (“CMA”) decision to prohibit its already completed acquisition of rival retailer Footasylum. On 6 May 2020, the CMA had blocked the merger (...)

The UK Competition Appeal Tribunal supports the Competition Authority’s approach to estimating the merger effects on consumers but finds that it did not gather enough information about the impact of the COVID-19 pandemic on the merger (JD Sports / Footasylum)
UK Competition & Markets Authority - CMA (London)
United Kingdom 382 contributions 95103 visits
CMA considers next steps in JD Sports/Footasylum merger* The CMA is considering its next steps following today’s Competition Appeal Tribunal judgment in the JD Sports/Footasylum case. JD Sports had appealed the Competition and Market Authority’s (CMA) final decision to block its takeover (...)

The UK Competition Appeal Tribunal upholds the appeal brought by a company for a merger in the sports retail sector in light of the COVID-19 pandemic (JD Sports / Footasylum)
Ashurst (London)
United Kingdom 21 contributions 4285 visits
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Ashurst (London)
United Kingdom 4 contributions 621 visits
On 13 November 2020, the UK Competition Appeal Tribunal ("CAT") published its judgment in relation to the merger of JD Sports and Footasylum. The merger was prohibited by the UK Competition and Markets Authority ("CMA") in May, but JD Sports appealed. The CAT partially upheld the appeal and (...)

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 382 contributions 95103 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 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 11 contributions 10011 visits
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Charles River Associates International (CRA) (London)
United Kingdom 2 contributions 1001 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 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 382 contributions 95103 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 Government introduces measures allowing it to intervene in merger transactions to mitigate the effects of public health emergencies following the COVID-19 pandemic
Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 8 contributions 3059 visits
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Cleary Gottlieb Steen & Hamilton (London)
United Kingdom 13 contributions 3315 visits
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Université Catholique de Lille
Belgium 15 contributions 16380 visits
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On 22 June 2020, the UK Government introduced new measures allowing it to intervene in merger transactions “to maintain in the United Kingdom the capability to combat, and to mitigate the effects of, public health emergencies." The Government will be able to intervene on these grounds in any (...)

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 382 contributions 95103 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 blocks a sports-fashion retailer acquisition finding that even with the COVID-19 pandemic significantly impacting the relevant sector, the transaction would lead to a substantial lessening of competition nationally (JD Sports / Footasylum)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 71500 visits
On 6 May 2020, the UK’s Competition and Markets Authority (“CMA”) blocked the sports-fashion retailer JD Sports’ already completed purchase of sportswear retailer Foot- asylum. The CMA concluded that the parties were close competitors and the transaction would lead to a substan- tial lessening (...)

The UK Competition Authority blocks a sports-fashion merger finding that even with the COVID-19 pandemic significantly impacting the sector, there would still be negative effects on competition if the merger proceeded (JD Sports / Footasylum)
UK Competition & Markets Authority - CMA (London)
United Kingdom 382 contributions 95103 visits
CMA blocks sports-fashion merger* The CMA has blocked JD Sports’ purchase of close competitor Footasylum after finding it would leave shoppers worse off. Following an in-depth Phase 2 investigation, the Competition and Markets Authority (CMA) has concluded that this transaction would lead (...)

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 382 contributions 95103 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 publishes its guidance on merger assessments during the COVID-19 pandemic
Norton Rose Fulbright (Brussels)
United Kingdom 26 contributions 22910 visits
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Latham & Watkins (Brussels)
Belgium 1 contribution 596 visits
On 22 April 2020, the UK Competition and Market Authority (“CMA”) published its guidance on ‘Merger assessments during the Coronavirus (COVID-19) pandemic’ (“the guidance”). Prior to the publication of the guidance, there was some speculation about whether the CMA would be more willing to (...)

The UK Competition Authority clarifies its general approach to assessing mergers and its specific approach to assessing "failing firm" claims during the COVID-19 pandemic
UK Competition & Markets Authority - CMA (London)
United Kingdom 382 contributions 95103 visits
COVID-19: CMA approach to merger assessments* The CMA has today provided more detail on its general approach to assessing mergers during the Coronavirus (COVID-19) pandemic. Following its statement about working practices issued on 18 March, the Competition and Markets Authority (CMA) has (...)

The UK Competition Authority warns that it will not relax its substantive or evidentiary standards for merger investigations during the COVID-19 pandemic
Morgan Lewis (London)
United States 13 contributions 5544 visits
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Morgan Lewis (London)
United Kingdom 26 contributions 9836 visits
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Morgan Lewis (London)
United Kingdom 8 contributions 1530 visits
New guidance from the UK Competition and Markets Authority warns that it will not relax its substantive or evidentiary standards for merger investigations during the coronavirus (COVID-19) pandemic. Statutory deadlines will not be altered, although aspects of investigations may be subject to (...)

The UK Competition Authority publishes guidance on its approach to merger control during the COVID-19 pandemic
Herbert Smith Freehills (London)
United Kingdom 59 contributions 20973 visits
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Herbert Smith Freehills (London)
United Kingdom 44 contributions 8863 visits
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Herbert Smith Freehills (London)
United Kingdom 24 contributions 8230 visits
The Competition and Markets Authority (CMA) has published guidance on its approach to merger control during the COVID-19 pandemic. The guidance deals with procedural issues as well as substantive assessment, and makes it clear that on the whole the CMA’s approach remains one of ‘business as (...)

The UK Competition Authority publishes guidance on its approach to merger assessments during the COVID-19 pandemic and confirms that it does not intend to change either merger control assessments or deadlines despite the outbreak
White & Case (London)
United Kingdom 27 contributions 13350 visits
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White & Case (London)
United Kingdom 12 contributions 2808 visits
The CMA has published new guidance on its approach to merger assessments during the Coronavirus pandemic, confirming that it does not intend to change either merger control assessments or deadlines, despite the outbreak. The guidance acknowledges that merging parties may have difficulty (...)

The UK Competition Authority provisionally clears the acquisition of a delivering food company (Deliveroo / Amazon)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 71500 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 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 24 contributions 8230 visits
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Herbert Smith Freehills (Brussels)
Belgium 44 contributions 17573 visits
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Herbert Smith Freehills (London)
United Kingdom 14 contributions 4197 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 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 382 contributions 95103 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 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 71500 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 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 382 contributions 95103 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 recognizes the difficulty faced by merging parties due to the COVID-19 pandemic and states that a private hospital merger will be cleared if it can address local competition concerns (Circle Health / BMI Healthcare)
UK Competition & Markets Authority - CMA (London)
United Kingdom 382 contributions 95103 visits
Private hospital merger to be approved if local concerns addressed* The CMA has found that the completed merger between Circle and BMI does not raise UK-wide competition concerns but could reduce competition in 2 local areas. Both Circle and BMI provide elective care to NHS and privately (...)

The UK Competition Authority recognizes that merging construction companies might be heavily affected by COVID-19 pandemic, but still requires them to address competition concerns before clearing the merger (Kingspan / Building Solutions)
UK Competition & Markets Authority - CMA (London)
United Kingdom 382 contributions 95103 visits
Construction products merger raises competition concerns* The CMA has found that Kingspan’s anticipated purchase of Building Solutions raises competition concerns in the supply of specialist insulation panels. Kingspan is the leading provider in the UK of standard foam sandwich panels, (...)

The UK Competition Authority clarifies that the UK merger control regime is still operating despite the COVID-19 pandemic
Ashurst (London)
United Kingdom 14 contributions 2450 visits
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Ashurst (London)
United Kingdom 34 contributions 16785 visits
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ADNOC Group (Abu Dhabi)
United Kingdom 29 contributions 5353 visits
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Whilst Covid-19 is not expected to lead to changes to the core legal and policy principles underpinning merger control regimes around the world, it is worth noting that: merger control regimes are still in operation, albeit filing processes and regulatory reviews may take a bit longer and some (...)

State Aid

 The UK Government launches a consultation on a domestic regime for subsidy control following the conclusion of the Trade and Cooperation Agreement with the EU
Van Bael & Bellis (London)
United Kingdom 16 contributions 3477 visits
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Van Bael & Bellis (London)
United Kingdom 8 contributions 1620 visits
On 3 February 2021, the UK Government started a consultation process regarding the UK’s future subsidy regime, which will be entirely separate from the existing EU state aid framework. Following the conclusion of the UK-EU Trade and Cooperation Agreement (the “TCA”) and the end of the Brexit (...)

The EU Commission and the UK Government agree on post-Brexit State Aid law in their Trade and Cooperation Agreement
White & Case (Brussels)
Belgium 10 contributions 2978 visits
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White & Case (London)
United Kingdom 12 contributions 2808 visits
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White & Case (London)
United Kingdom 27 contributions 13350 visits
State aid remained one of the key sticking points in Brexit negotiations right until the announcement of the Trade and Cooperation Agreement ("TCA") on Christmas Eve 2020. One of the key priorities of the European Union ("EU") during the negotiations was to secure a "level playing field" on (...)

The EU Commission approves €10.3 billion UK scheme to support self-employed individuals and members of partnerships during the COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2807769 visits
State aid: Commission approves € 10.3 billion UK scheme to support self-employed individuals and members of partnerships during the coronavirus outbreak* The European Commission has approved a GBP 9 billion (approximately € 10.3 billion) UK aid scheme to support self-employed individuals and (...)

The EU Commission approves a £50 billion umbrella UK scheme to support companies affected by the COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2807769 visits
State aid: Commission approves £50 billion UK “umbrella” scheme to support the economy in the coronavirus outbreak* The European Commission has approved a £50 billion (approximately €57 billion) “umbrella” UK scheme to support small and medium-sized enterprises (SMEs) and large corporates in (...)

The EU Commission approves a £50 billion umbrella UK State aid scheme to support SME’s and large corporates affected by the COVID-19
Morgan Lewis (London)
United Kingdom 26 contributions 9836 visits
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Morgan Lewis (London)
United Kingdom 4 contributions 2204 visits
The European Commission has approved a £50 billion (EUR 57 billion) “umbrella” UK state aid scheme to support small and medium-sized enterprises and large corporates in the United Kingdom affected by the coronavirus (COVID-19) outbreak. The umbrella scheme was approved on April 6, 2020, under (...)

The EU Commission approves two separate UK State aid schemes to support SMEs in the context of the COVID-19 outbreak
European Commission - DG COMP (Brussels)
Belgium 1333 contributions 2807769 visits
The European Commission has approved two separate UK State aid schemes to support small and medium-sized enterprises (SMEs) in the context of the coronavirus outbreak. The schemes were approved under the State aid Temporary Framework to support the economy in the context of the COVID-19 (...)

Procedures

 The UK Competition Authority publishes a third update on its COVID-19 taskforce
UK Competition & Markets Authority - CMA (London)
United Kingdom 382 contributions 95103 visits
The CMA has published a third update from its COVID-19 taskforce, which monitors and responds to competition and consumer problems arising from the pandemic.* As part of the taskforce’s work, it has been asking the public for information about businesses behaving unfairly, for example (...)

The UK Competition Authority publishes a second update from its COVID-19 taskforce
UK Competition & Markets Authority - CMA (London)
United Kingdom 382 contributions 95103 visits
Update on CMA COVID-19 Taskforce* The CMA has published a second update from its COVID-19 Taskforce, which monitors and responds to competition and consumer problems arising from the pandemic. As part of the Taskforce’s work, it is asking the public for information about businesses (...)

The UK Competition Authority announces that it received a lot of complaints about cancellations and refunds through its COVID-19 Taskforce
Macfarlanes (London)
United Kingdom 1 contribution 302 visits
Covid-19: CMA to tackle unfair cancellation policies* The UK Competition and Markets Authority (CMA) has announced that through its Covid-19 Taskforce, which was launched on 20 March 2020, it has received a significant number of complaints in relation to cancellations and refunds. The (...)

The UK Competition Authority launches a COVID-19 task force to both ensure compliance in the markets affected by the public health emergency and advises the Government on competition law matters during the Covid-19 pandemic
UK Competition & Markets Authority - CMA (London)
United Kingdom 382 contributions 95103 visits
CMA launches COVID-19 taskforce* The CMA is today launching a taskforce to tackle negative impacts within its remit of the COVID-19 pandemic. The outbreak of COVID-19 is an unprecedented and rapidly evolving challenge that has prompted many concerns that businesses might exploit the (...)

The UK Competition Authority switches to telework, suspends almost all physical shipments of documents, but promises to continue processing cases by set deadlines amid COVID-19 pandemic
UK Competition & Markets Authority - CMA (London)
United Kingdom 382 contributions 95103 visits
COVID-19: CMA working arrangements* Along with other businesses and organisations, the CMA continues to monitor the outbreak of COVID-19 and has adjusted its working arrangements in response. The Competition and Markets Authority (CMA) is concerned above all to ensure the safety and (...)

Regulatory

 The UK Competition Authority reaches its final price control determination on a dispute between the aviation regulator and air traffic control service provider without taking into account the effects of COVID-19 until they are more definitely known (Civil Aviation Authority / NERL)
UK Competition & Markets Authority - CMA (London)
United Kingdom 382 contributions 95103 visits
CMA final decision on air traffic control charges* The CMA has sent the CAA its final price control determination on a dispute between the aviation regulator and NERL regarding air traffic control charges. The Competition and Markets Authority (CMA) has acted as the independent body (...)

The UK Competition Authority consults on commitments offered by two major airlines in the Atlantic Joint Business Agreement to resolve competition concerns over airline routes with consideration for the effects of COVID-19 pandemic (American Airlines / British Airways)
UK Competition & Markets Authority - CMA (London)
United Kingdom 382 contributions 95103 visits
CMA consults on BA and American Airlines commitments* British Airways and American Airlines have offered commitments to resolve the CMA’s competition concerns over an agreement about airline routes between the UK and US. The airlines will make slots available at London Heathrow or Gatwick (...)

The OECD reports on foreign direct investment flow regulation in EU Member States during the COVID-19 pandemic
Addleshaw Goddard
1 contribution 534 visits
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Addleshaw Goddard
13 contributions 7649 visits
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Addleshaw Goddard (London)
United Kingdom 1 contribution 534 visits
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UK FDI Hub: COVID-19 and foreign direct investment regulation* Introduction The OECD reports that even if economies begin recovering in the second half of the year, foreign direct investment (FDI) flows are expected to fall more than 30% in 2020 from 2019 levels, as a result of the policy (...)

The UK Government passes emergency legislation to amend the Competition law to help healthcare, grocery, and ferry companies during the COVID-19 pandemic
MemeryCrystal (London)
United States 12 contributions 2958 visits
Emergency Amendments to UK Competition Law to Help Maintain Supply of Essential Goods & Services in Face of COVID-19 Outbreak* The UK Government passed emergency legislation to amend UK competition law on 27th March 2020 to help healthcare, grocery and ferry companies maintain the (...)

The UK Competition Authority releases provisional findings of its review of air traffic control charges and invites views from stakeholders on how it should take account of the impact of COVID-19 in its final determination (CAA / NERL)
UK Competition & Markets Authority - CMA (London)
United Kingdom 382 contributions 95103 visits
CMA review of air traffic control charges* The CMA has released and is consulting on its provisional findings into a dispute between the CAA and NERL regarding air traffic control charges. The Competition and Markets Authority (CMA) has acted as the independent body charged with looking (...)

General antitrust

 The UK Government consults on proposals aimed at improving its competition regime and strengthening its Competition Authority post-COVID-19, including updates to merger review, investigation tools, interim measures, fines and more direct intervention in consumer protection
Hogan Lovells (London)
United Kingdom 14 contributions 4485 visits
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Hogan Lovells (London)
United Kingdom 6 contributions 2681 visits
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Associated British Foods (London)
United Kingdom 2 contributions 449 visits
On 20 July 2021, the government launched a consultation containing substantial proposals that could herald the most important reform of the UK competition regime in 25 years (the consultation). The proposals follow multiple reports and papers and, if they survive the consultation process, (...)

The UK Parliament publishes recommendations for a stronger competition and consumer protection regime
Herbert Smith Freehills (London)
United Kingdom 44 contributions 8863 visits
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Simmons & Simmons (London)
United Kingdom 13 contributions 3139 visits
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Herbert Smith Freehills (London)
United Kingdom 59 contributions 20973 visits
On 16 February the UK government published a Report by John Penrose MP, commissioned earlier this year to lead a review on how the UK’s competition regime will need to evolve to meet its policy aims of promoting a dynamic, innovation-driven economy which delivers for consumers and businesses (...)

The UK Parliament publishes recommendations on how competition law and the consumer protection regime could be improved
Ashurst (London)
United Kingdom 34 contributions 16785 visits
In September 2020, John Penrose MP was commissioned by the UK Chancellor of the Exchequer and the Secretary of State for BEIS to write an independent report on how the UK’s approach to competition and consumer issues could be improved. In particular, the UK Government’s terms of reference (...)

The UK Competition Authority consults on its annual plan for 2021/2022
UK Competition & Markets Authority - CMA (London)
United Kingdom 382 contributions 95103 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 Competition Authority takes part in a paper exploring the consequences for competition of the COVID-19 pandemic
UK Competition & Markets Authority - CMA (London)
United Kingdom 382 contributions 95103 visits
How should competition policy react to coronavirus?* IPPR has today published a paper by CMA Chairman Andrew Tyrie, discussing how competition policy can contribute to a robust and sustainable post-crisis recovery. The paper - How should competition policy react to coronavirus? - explores (...)

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
Hogan Lovells (London)
United Kingdom 17 contributions 3144 visits
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Covington & Burling (London)
United Kingdom 19 contributions 11589 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 Government publishes a procurement policy note which sets out guidelines to contracting authorities on responding to the impact of COVID-19 when carrying out regulated procurement activities
Ashurst (London)
United Kingdom 14 contributions 2450 visits
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Ashurst (London)
United Kingdom 21 contributions 4285 visits
Introduction In the light of the global outbreak of Covid-19, contracting authorities will need to procure goods, services and works in truly exceptional circumstances and, potentially, their requirements will be extremely urgent. Therefore, contracting authorities may have legitimate (...)

The UK Government publishes a procurement policy note in response to the COVID-19 impact on the supply of goods, services, and works to the public sector
Bird & Bird (London)
United Kingdom 1 contribution 298 visits
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Bird & Bird (London)
United Kingdom 1 contribution 298 visits
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Bird & Bird (London)
United Kingdom 1 contribution 298 visits
Clearly the spread of COVID-19 and the measures imposed by the Government will have a significant impact on the supply of goods, services and works to the public sector. Supplies and services may be required urgently and/or existing procurement processes may be delayed to accommodate issues (...)

The UK Government issues guidance on using public procurement policy to respond to the COVID-19 emergency circumstances
University of Bristol - Law School
United Kingdom 92 contributions 25306 visits
EXTREME EMERGENCY PROCUREMENT AND COVID-19 — RE TODAY’S UK GUIDANCE* The UK Government has issued guidance on using public procurement to respond to the COVID-19 emergency earlier today (see PPN 1/20). This follows other EU countries’ introduction of emergency legislation and guidance on the (...)