In the latest instalment of the Cleary Gottlieb Antitrust Review podcast, host Nick Levy is joined by Saverio Valentino, Board member of the Italian Antitrust Authority. The conversation covers Saverio’s first year in the role, the agency’s current priorities, merger control and FDI regulation, cartel enforcement, rights of defence, judicial review, and much more.
Consumer Goods & Retail
A ban on fake reviews and unavoidable hidden fees to be added to the Digital Markets, Competition and Consumers Bill
On 24 January 2024, the Department for Business and Trade announced that fake reviews and unavoidable hidden or “dripped” charges will be added to the list of banned practices under consumer law in the UK. The amendments are intended “to ensure customers can compare purchases with ease, aren’t duped by fake reviews, and have the sting of hidden fees taken away.”[1]
CMA Publishes Provisional Approach to Implementing the UK’s Forthcoming Digital Markets Regulatory Regime
On 11 January 2024, the CMA published an overview of its “provisional approach to implement the new Digital Markets competition regime” (Overview), the new regulatory powers the CMA is set to take on once the Digital Markets, Competition, and Consumers Bill (DMCC) passes through Parliament (see earlier posts here and here). The CMA published this Overview in response to the UK government’s request on 4 January that CMA publish a “high-level plan” for implementing the digital markets competition regime.[1]
China Introduces Revisions to Merger Notification Thresholds
Court of Appeal upholds extraterritorial information-gathering powers
In a unanimous judgment, the Court of Appeal of England and Wales (CoA) reaffirmed the Competition and Market Authority’s (CMA) power to require overseas companies with no branches in the UK to produce documents and information when investigating suspected anticompetitive conduct. The CoA considered that not allowing the CMA to obtain information from overseas companies would create a “gaping lacuna” in the CMA’s ability to perform its statutory duties.
CMA Publishes Novel “Trends in Digital Markets” Report
On 14 December 2023, the Competition and Markets Authority (CMA) published its first horizon scanning report examining ten trends in digital markets that the CMA expects will be relevant over the next five years and beyond.
The report aims to “draw on available evidence to discuss and present possible future developments and potential implications for competition and consumers”.[1] The trends focus on areas such as artificial intelligence (AI), interoperability, and privacy.
The French Competition Authority publishes its revised leniency guidelines
On December 15, 2023, the French Competition Authority (“FCA”) published its Revised Leniency Guidelines, which repealed and replaced the 2015 guidelines.[1] The Revised Leniency Guidelines were adopted as part of the implementation of the “DDADUE” law,[2] the ECN+ directive,[3] and the “Damages” directive.[4] They aim to provide greater legal certainty for leniency applicants and modernize the leniency application procedure.
CMA Warns Wowcher Over Online Choice Architecture Practices
On 16 November 2023, the Competition and Markets Authority (CMA) issued a warning to Wowcher, calling on the e-commerce site to change its online sales practices and in particular its “urgency claims” that risk misleading consumers. Wowcher has an opportunity to respond and offer undertakings to change its practices and avoid potential court action.
Amendments to the Digital Markets, Competition, and Consumers Bill Passed
On 20 November 2023, the Digital Markets, Competition, and Consumers Bill (DMCC) cleared the report stage and an expedited third reading in the House of Commons, at which a series of significant amendments were passed.
Key Competition Law Takeaways From the 2023 G7 Joint Competition Enforcers and Policy Makers Summit
On November 8, 2023, the Japan Fair Trade Commission (“JFTC”) held the G7 Joint Competition Enforcers and Policy Makers Summit (the “Summit”) in Tokyo. The focus of the Summit was for the G7 competition authorities and policymakers (the “Authorities”) to discuss effective approaches to enforcing and promoting competition in digital markets. At the Summit, the Authorities adopted the “Digital Competition Communiqué”[1] (the “Communiqué”) and updated the “Compendium of approaches to improving competition in digital markets”[2] (the “Compendium”).