UK Competition Authority

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 (...)

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 Competition (...)

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 (...)

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 (...)

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, which (...)

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 (...)

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 into (...)

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 situation (...)

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 and (...)

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 (...)

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 (...)

CMA welcomes EU Court ruling in pay-for-delay drug case* The CMA welcomes a ruling from the EU Court of Justice in relation to its case that drug companies supplying an antidepressant called paroxetine broke the law. The ruling, released today, follows appeals from GlaxoSmithKline and other (...)

Illumina/PacBio abandon merger* Illumina has abandoned its anticipated $1.2 billion takeover of PacBio after an in-depth CMA merger probe highlighted serious competition concerns. The Competition and Markets Authority (CMA) has therefore today confirmed that it will be cancelling its Phase 2 (...)

Construction firms fined £36 million for breaking competition law* The CMA has issued 3 firms with fines totalling more than £36 million for breaking competition law in supplying certain concrete drainage products for building projects. Following an investigation by the Competition and Markets (...)

Sports fashion merger raises competition concerns* The CMA has found that JD Sports’ takeover of close competitor Footasylum could be bad for shoppers. The Competition and Markets Authority (CMA) is concerned that the loss of competition brought about by the merger could result in a worse deal (...)

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 proposed (...)

Suppliers of antidepressants accused of illegal anti-competitive conduct* The CMA has provisionally found that 4 pharmaceutical companies broke competition law in relation to the supply of an anti-depressant drug. The Competition and Markets Authority (CMA) has accused competitors King and (...)

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 reader (...)

Drug firms accused of illegal market sharing over anti-nausea tablets* The CMA has provisionally found that 4 pharmaceutical companies broke the law by agreeing not to compete in the supply of an anti-nausea drug in the UK. In a statement of objections issued today, the Competition and (...)

Construction cartel directors disqualified* The CMA has secured the disqualification of 2 former directors of CPM Group Ltd following CPM’s admission that it breached competition law. The move follows the Competition and Market Authority’s (CMA) statement of objections issued on 13 December (...)

CMA blocks merger between Sainsbury’s and Asda* The CMA has blocked the Sainsbury’s / Asda merger after finding it would lead to increased prices in stores, online and at many petrol stations across the UK. In its final report, published today, the Competition and Markets Authority (CMA) found (...)

CMA orders sale of customer contracts in washroom suppliers’ merger* Rentokil Initial must sell several large supply contracts to satisfy CMA concerns over its merger with Cannon Hygiene. The decision by the Competition and Markets Authority (CMA) comes after an in-depth Phase 2 investigation (...)

Aer Lingus / CityJet deal cleared for take-off* Aer Lingus’ deal with CityJet for the London City airport to Dublin route has been cleared after a CMA probe. The Competition and Markets Authority (CMA) has today cleared an agreement under which Aer Lingus has taken over scheduled passenger (...)

CMA proposes reforms to improve competition in audit sector* Improvements to the independence and the quality of audits are the focus of the CMA’s market study update. The Competition and Markets Authority (CMA) has published an update paper outlining serious competition concerns and proposing (...)

Guidance on merger remedies in Phase 1 and Phase 2 investigations.* This guidance is intended for merger parties and their advisers. It seeks to provide a single source of guidance on remedies for Phase 1 and Phase 2 merger investigations. This guidance applies to any Phase 1 merger (...)

Two construction firms admit to illegal cartel* The CMA has provisionally found that 3 drainage product manufacturers broke competition law by co-ordinating prices for customers and sharing the market. Two of the businesses – Derbyshire-based Stanton Bonna Concrete Ltd and Somerset-based CPM (...)

University laundry merger broken up by CMA* The CMA has decided that JLA must sell Washstation to preserve competition in the supply of managed laundry services to higher education providers. The decision by the Competition and Markets Authority (CMA) comes following an in-depth investigation (...)

Algorithm research builds on work in digital markets* The CMA has published a study into pricing algorithms and whether they could be used to support illegal practices. The research increases the CMA’s expertise at a time of widespread scrutiny of pricing algorithms and how they interact with (...)

Heathrow and Arora admit to anti-competitive car park agreement* Heathrow airport will pay a £1.6m fine for restricting competition on parking prices in a lease with the operator of a Terminal 5 hotel. The fine to be imposed by the Competition and Markets Authority (CMA), comes after its (...)

Win in Ping golf clubs case sends clear online retail signal* The Competition Appeal Tribunal has upheld the CMA’s decision that Ping Europe Ltd broke the law by banning the online sale of its golf clubs. This landmark case sends an important signal that attempts by manufacturers to impose (...)

The Competition and Markets Authority (CMA) has today launched an in-depth market investigation into the funerals sector.* Following publication of its interim report in November 2018, the CMA consulted on whether to progress to a market investigation. Having carefully considered the (...)

£3.4m fine for household coal and BBQ supplier cartel* Two of the biggest suppliers of charcoal and coal for households in the UK have agreed to pay a £3.4m fine for taking part in a market sharing cartel. CPL and Fuel Express are 2 of the main suppliers of bagged household fuels, including (...)

Tesco/Booker merger cleared after in-depth review* The CMA has concluded that Tesco’s purchase of Booker does not raise competition concerns. A group of independent Competition and Markets Authority (CMA) panel members has examined all submissions received since its provisional findings before (...)

CMA launches digital tool to fight bid-rigging* The CMA’s Screening for Cartels tool will help public procurement professionals identify suspicious behaviour by suppliers when bidding for contracts. The Competition and Markets Authority (CMA) has worked with Spend Network, a company (...)

£1.71m fine for laundry companies found to be market sharing* The CMA has fined 2 suppliers of ‘cleanroom’ laundry services for breaking competition law by agreeing not to compete for each other’s customers. It follows enforcement action by the Competition and Markets Authority (CMA) against the (...)

CMA ACCEPTS MANCHESTER CINEMAS SALE* In December, the Competition and Markets Authority (CMA) announced that AMC (UK) Acquisition Ltd’s (AMC’s) purchase of Odeon and UCI Cinemas Holdings Ltd (Odeon) would face an in-depth investigation, unless AMC could address concerns over the merger’s effect (...)

Drug company accused of abusing its position to overcharge the NHS* The CMA has provisionally found that Concordia abused its dominant position to overcharge the NHS by millions for an essential thyroid drug. The Competition and Markets Authority (CMA) has been investigating how much the (...)

Lighting company fined £2.7 million for restricting online prices* A lighting supplier has been fined for requiring retailers to use a minimum price when selling their products online. The National Lighting Company (NLC) supplies light fittings to a range of retailers who then sell them on. (...)

CMA accepts Mastercard/VocaLink undertakings* The CMA has today accepted undertakings offered by Mastercard to address competition concerns arising from its purchase of VocaLink. On 18 January 2017, the Competition and Markets Authority (CMA) announced it would look in detail at whether the (...)

CMA alleges anti-competitive agreements for hydrocortisone tablets* The CMA today alleged that Concordia and Actavis signed illegal agreements which enabled high prices for a life-saving drug to be prolonged. The Competition and Markets Authority (CMA) alleges that between January 2013 and (...)

CMA fines water tank firms over £2.7 million* The CMA has today issued 2 decisions imposing fines on suppliers of galvanised steel tanks for breaching competition law. Galvanised steel tanks are used for water storage in larger buildings, such as schools, hospitals and other commercial and (...)

Pharmaceutical company accused of overcharging NHS* The pharmaceutical company Actavis UK (formerly Auden Mckenzie) has increased the price of 10mg hydrocortisone tablets by over 12,000% compared to the branded version of the drug which was sold by a different company prior to April 2008. For (...)

CMA fines Pfizer and Flynn £90 million for drug price hike to NHS* The CMA has fined pharma companies Pfizer and Flynn Pharma nearly £90 million for charging excessive prices to the NHS for an anti-epilepsy drug. The Competition and Markets Authority (CMA) has imposed a record £84.2 million fine (...)

CMA CONSULTS ON FRUIT JUICE MERGER UNDERTAKINGS* The CMA is consulting on undertakings offered by Hain to address merger competition concerns arising from its purchase of Orchard. Hain Frozen Foods UK Limited (Hain) and Orchard House Foods Limited (Orchard) are the only 2 suppliers of (...)

CMA ACCEPTS REMEDIES IN FUEL PUMPS MERGER* The CMA has accepted undertakings from Dover to remedy competition concerns arising from its merger with Wayne. This follows the Competition and Markets Authority’s (CMA) intervention to ensure that choice is maintained for petrol and diesel retailers (...)

CMA accepts fruit juice merger remedies* The CMA has accepted Hain’s undertaking to sell its own-label fruit juice business to an approved buyer. Hain Frozen Foods UK Ltd (Hain) bought Orchard House Foods Ltd (Orchard) in December 2015. Both are major suppliers of own-label freshly squeezed (...)

CMA ACCEPTS BROKER MERGER UNDERTAKINGS* The CMA has accepted undertakings from Tullett Prebon and will not refer its merger with IGBB for an in-depth investigation. Tullett Prebon plc and ICAP plc are leading global interdealer brokers, companies that sit between investment banks helping to (...)

CMA publishes final report on private healthcare remittal* The CMA has decided, following new evidence, that extra remedies in London’s private healthcare market would not be proportionate. The Competition Commission, a predecessor body of the Competition and Markets Authority (CMA), started a (...)

CASHPOINT MERGER FACES IN-DEPTH INVESTIGATION* Diebold and Wincor face an in-depth merger investigation by the CMA unless the companies offer undertakings to address competition concerns. Diebold, Incorporated (Diebold) and Wincor Nixdorf AG (Wincor) both supply ATMs (cashpoints) to banks and (...)

MERGER OF TOY SUPPLIERS COULD FACE IN-DEPTH INVESTIGATION* VTech could face an in-depth merger investigation over competition concerns arising from its completed merger with LeapFrog. VTech Holdings Ltd (VTech) and LeapFrog Enterprises Inc (LeapFrog) are 2 of the 3 largest suppliers of (...)

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 they (...)

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 Posters’), (...)

Acadia/Priory merger faces in-depth investigation* Acadia’s completed acquisition of Priory faces being referred for an in-depth investigation by the CMA. Acadia Healthcare Company, Inc (Acadia) through its UK subsidiary Partnerships in Care, and Priory Group No.1 Limited (Priory) overlap in (...)

CMA ACCEPTES RECORDS MANAGEMENT UNDERTAKINGS* The CMA has accepted undertakings from Iron Mountain Inc to sell C21 Data Services in Aberdeen and Dundee to an approved buyer. Iron Mountain and Recall both provide records management services, which comprise the storage and retrieval of paper (...)

Broker merger faces an in-depth investigation* Tullett’s anticipated acquisition of ICAP’s voice/hybrid broking business faces being referred for an in-depth investigation by the CMA. Tullett Prebon plc (Tullett) and ICAP plc (ICAP) are leading global interdealer brokers, companies that (...)

CMA’s private healthcare provisional decision on remedies* The CMA has provisionally found that likely changes in London’s private healthcare market mean that extra remedies would not be proportionate. In April 2012, the Competition Commission, a predecessor body of the Competition and Markets (...)

CMA fines pharma companies £45 million* The CMA has fined a number of pharmaceutical companies for anti-competitive conduct and agreements in relation to the supply of paroxetine. The CMA’s decision relates to conduct and agreements between 2001 and 2004 in which GlaxoSmithKline plc (GSK), the (...)

CMA ACCEPTS REMEDY IN SERVICED OFFICE SPACE MERGER * The Competition and Markets Authority has today accepted a remedy to resolve competition concerns arising from Regus’ acquisition of Avanta. The Competition and Markets Authority (CMA) announced on 18 November 2015 that it would consider in (...)

CMA welcomes Supreme Court judgment in Eurotunnel case* The CMA has welcomed the judgment by the Supreme Court to uphold its appeal in the Eurotunnel case. In the judgment handed down today, the Supreme Court has ruled that the Competition and Markets Authority (CMA) took the correct approach (...)

CMA refers computer-based testing merger for in-depth investigation* The CMA has referred Pearson VUE’s anticipated acquisition of learndirect’s computer-based testing business for a phase 2 investigation. Earlier this month, the Competition and Markets Authority (CMA) said that it would refer (...)

Pharmacy merger faces in-depth investigation* Celesio’s anticipated acquisition of Sainsbury’s pharmacy business faces being referred for an in-depth investigation by the CMA. Celesio AG (Celesio), through its subsidiary Lloyds Pharmacy Limited (Lloyds), operates 1,542 pharmacies across the UK, (...)

CMA PROVISIONALLY CLEARS BT/EE MERGER * The Competition and Markets Authority (CMA) has provisionally cleared BT’s anticipated acquisition of EE. BT Group plc (BT) and EE Limited (EE) are large telecommunications companies in the UK. They operate largely in separate areas with BT strong in (...)

CMA presses on with remedies removal* The CMA is continuing its drive to ensure that its remedies do not stay in place longer than needed. As part of a series of such reviews, the Competition and Markets Authority (CMA) has looked at remedies resulting from 13 merger investigations and (...)

CMA provisionally clears water merger* The CMA has today provisionally cleared the purchase of Bournemouth Water by South West Water. In June 2015, the completed acquisition by Pennon Group plc (the owner of South West Water Limited) of Bournemouth Water Investments Limited (which operates (...)

CMA CONSIDERS REMEDIES IN FAMILY LAW INFORMATION MERGER* The CMA has decided to consider in detail whether to accept remedies offered by Reed Elsevier (UK) Limited. Earlier this month, the Competition and Markets Authority (CMA) announced that it would refer the anticipated acquisition by (...)

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 of (...)

Guidance on new compensation schemes power in competition cases* The CMA today published guidance on a new power to encourage competition law-breaking businesses to voluntarily pay compensation to victims. Under the guidance, businesses setting up voluntary redress schemes can, in certain (...)

CMA ORDERS REMEDY TO MEET CONCERN OVER LUBRICANTS MERGER * The CMA has found that Reckitt Benckiser’s anticipated acquisition of the K-Y brand could lead to higher prices for personal lubricants. In its final report published today, the Competition and Markets Authority (CMA) has concluded the (...)

CMA issues statement of objections to Pfizer and Flynn Pharma in anti-epilepsy drug investigation* The CMA has today issued a statement of objections to the pharmaceutical suppliers Pfizer and Flynn Pharma alleging that they have breached competition law. The Competition and Markets (...)

Rendering merger faces in-depth investigation unless undertakings offered* Linergy’s acquisition of Ulster Farm By-Products will be referred for an in-depth phase 2 investigation unless acceptable undertakings are offered. The Competition and Markets Authority (CMA) has found that the (...)

SOUTH WEST AND BOURNEMOUTH WATER MERGER REFERRED FOR AN IN-DEPTH INVESTIGATION * The CMA today referred the merger of Bournemouth Water with South West Water for an in-depth phase 2 investigation. Currently the Competition and Markets Authority (CMA) has a duty to refer mergers involving (...)

BT/EE merger fast-tracked to phase 2 investigation* The CMA has today referred BT Group plc’s anticipated acquisition of EE Limited for an in-depth phase 2 investigation. BT and EE are, respectively, the largest suppliers of fixed communications services and mobile communications services in (...)

CMA CONFIRMS CLEARANCE OF PORK FARMS / KERRY FOODS MERGER* The CMA has today cleared the completed acquisition by Pork Farms Caspian of the chilled savoury pastry business of Kerry Foods. This confirms April’s provisional findings by the group of Competition and Markets Authority (CMA) (...)

CMA PROVISIONALLY CLEARS PACKAGING MERGER* The CMA has provisionally cleared the completed acquisition by Sonoco Products Company of Weidenhammer Packaging Group. Sonoco and Weidenhammer both produce composite cans (rigid tubes with closures on each end) which are supplied to customers for (...)

CMA consults on GTCR proposed undertaking* The CMA is consulting on a proposed undertaking in lieu of a reference in relation to GTCR’s acquisition of Gorkana Group. In April, the Competition and Markets Authority (CMA) announced it would consider in detail an undertaking proposed by GTCR (...)

CMA SETS OUT PROVISIONAL CONCERNS OVER LUBRICANTS MERGER* The CMA has provisionally found that Reckitt Benckiser’s anticipated acquisition of the K-Y brand could lead to higher prices for personal lubricants. Reckitt Benckiser (RB) and Johnson & Johnson (J&J) supply personal lubricants (...)

CMA publishes updated issues statement in banking market investigation* The CMA has today published an updated issues statement as part of its investigation into the supply of personal current accounts and retail banking services to SMEs. The updated issues statement summarises the (...)

CMA SEEKS PERMISSION TO APPEAL IN EUROTUNNEL CASE * The CMA today announced that it will seek permission to appeal following last week’s Court of Appeal judgment in the Eurotunnel case. The judgment upheld a challenge to the Competition and Markets Authority’s (CMA) jurisdiction over (...)

CMA FORMALLY CLEARS SPECIALIST INSURANCE MERGER* The CMA has formally cleared the completed acquisition by Xchanging of certain companies comprising all of the European operations of Agencyport. Xchanging plc (Xchanging) and Agencyport Software Group (Agencyport) supply specialist software to (...)

CMA PROVISIONALLY CLEARS PORK FARMS / KERRY FOOD MERGER* The CMA has provisionally cleared the completed acquisition by Pork Farms Caspian of the chilled savoury pastry business of Kerry Foods. Pork Farms Group Limited, through the Pork Farms Caspian Limited subsidiary, and Kerry Foods (...)

CMA PROVISIONALLY CLEARS SPECIALIST INSURANCE MERGER* The CMA has provisionally cleared the completed acquisition by Xchanging of certain companies comprising all of the European operations of Agencyport. Xchanging plc (Xchanging) and Agencyport Software Group (Agencyport) supply specialist (...)

Companies fined over £775,000 in CMA investigation into advertising of agents’ fees* An association of estate and lettings agents in Hampshire, three of its members and a newspaper publisher have admitted breaching competition law and have agreed to pay penalties totalling over £775,000. The (...)

The CMA has today published an updated issues statement as part of its investigation into the Great Britain energy markets.* The updated issues statement (PDF, 969KB, 49 pages) summarises the investigation group’s initial thinking based on the evidence it has received, and the analysis it has (...)

CMA welcomes Court of Appeal Judgment on Ryanair/Aer Lingus* The CMA welcomes today’s judgment by the Court Of Appeal dismissing Ryanair’s challenge on all 3 grounds. The judgment followed an appeal by Ryanair Holdings plc (Ryanair) against an earlier decision made by the Competition Appeal (...)

Stagecoach/Virgin consortium given chance to resolve limited competition concerns arising from the East Coast rail franchise award* ICRL, a subsidiary jointly owned by Stagecoach and Virgin Trains, has the chance to avoid an in-depth merger investigation into its successful bid to run the East (...)

The CMA has welcomed today’s judgment by the Competition Appeal Tribunal (CAT) to uphold the CMA’s decision to bar Eurotunnel from running its MyFerryLink service out of Dover, to safeguard competition.* The CAT’s judgment dismissed an appeal by Eurotunnel and Société Coopérative de Production de (...)

CMA sets out proposals to lower payday loan costs* The CMA has set out proposals to increase price competition between payday lenders and help borrowers get a better deal. These proposals have been developed in light of the Financial Conduct Authority’s (FCA) price cap proposals announced this (...)

The Competition and Markets Authority (CMA) has today published the final order that will put into action major changes in the UK statutory audit market for large companies.* The changes follow the Competition Commission’s (CC’s) report into the market published last year which set out changes (...)

The CMA has today published measures it expects to increase competition in the car insurance market and reduce the cost of premiums for drivers.* The measures are included in the final report of its investigation, conducted by an independent panel of members, into the private motor insurance (...)

The Competition and Markets Authority (CMA) has cleared Omnicell/MTS’s proposed acquisition of SurgiChem.* This confirms the CMA’s provisional decision which was published last month and has been made by a group of independent CMA panel members. Omnicell, Inc./MTS Medication Technologies, Inc. (...)

CC formally clears Pan Fish /Marine Harvest Merger* The Competition Commission (CC) has formally cleared the anticipated acquisition by Pan Fish ASA of Marine Harvest NV. In its final report published today at www.competition-commission.org.uk, the CC has concluded that the acquisition may (...)

Association of British Insurer’s General Terms of Agreement* On 13 November 2002, the ABI notified its GTA between insurers and credit hire organisations (CHOs) to the OFT for a decision that the GTA did not fall within the Chapter I prohibition of the Competition Act 1998 (’the Act’) or, in the (...)