On 21 May 2024, the UK Government published updated guidance on the application of the National Security and Investment Act (NSIA). This includes:
Supreme Court Rules Most Litigation Funding Agreements are Unlawful
Over the past two decades, litigation funding in the UK has become increasingly important and more commonly used. Once deemed
CMA Fines Leicester City FC for Anticompetitive Pricing Practices
On 31 July 2023, the Competition and Markets Authority (CMA) issued an infringement decision finding that Leicester City Football Club and JD Sports had colluded to restrict competition in the sales of Leicester City-branded clothing, including replica kit, in the UK. Leicester City FC and its parent companies reached a settlement agreement with the CMA, under which they will pay a fine of £880,000. JD Sports had reported the infringement to the CMA, in exchange for immunity from financial penalties.
CAT Declines Certification of Collective Proceedings against Mastercard and Visa
The UK introduced a new collective proceedings regime for competition damages claims in October 2015.[1] The early years of the new regime were characterized by cautious uncertainty as the Competition Appeal Tribunal (CAT) and the appellate courts grappled with identifying the standards for certification.[2] It took almost six years before the CAT certified the first claim in Merricks in August 2021.[3] The CAT subsequently certified 10 other claims in less than two years, which in turn, encouraged additional claims to be brought.
CJEU decision on disclosure under the Damages Directive implies post-Brexit divergence between EU and UK competition damages claims
On 10 November 2022, the European Court of Justice (CJEU) issued a preliminary ruling[1] on the interpretation of the disclosure obligation under the EU directive that harmonised national rules governing actions for damages for breaches of competition law in EU member states and the UK (the Damages Directive).[2]
General Court Partially Annuls European Commission Decision in Google Android
In September 2022, the General Court partially annulled the European Commission’s 2018 Google Android decision, which fined Google €4.3 billion for abuses of dominance relating to apps it offers for its Android mobile operating system (“OS”).[1] The Court also found that the Commission’s investigation suffered from procedural errors. It reduced the fine by €200 million.
CMA Seeks Comments on Draft Guidance for Vertical Agreements Block Exemption Order
The UK Competition and Markets Authority (the “CMA”) is consulting on its draft guidance (“Draft Guidance”) for its proposed Vertical Agreements Block Exemption Order (“VABEO”). It invites comments by May 5, 2022.
Achilles v Network Rail: Signalling a Shift Towards More Standalone Competition Litigation?
The Competition Appeal Tribunal (CAT) has granted a claim for damages by Achilles Information Limited (“Achilles”) against Network Rail Infrastructure Limited (“Network Rail”).[1] The Judgment is the CAT’s first damages award arising from a standalone claim since 2016,[2] and follows the CAT’s earlier finding that Network Rail had breached Chapter 1 and Chapter 2 of the Competition Act 1998 (the“Act”).[3]