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.
Jurisdictions
Antitrust Review Episode 21: Looking Forward to 2024 and Back at 2023
In the latest episode of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy interviews members of Cleary Gottlieb’s award-winning antitrust practice about the principal developments in 2023 and their predictions for antitrust enforcement in 2024.
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.
Antitrust Violations May Oust Companies From Public Tenders (Infraestruturas de Portugal)
On December 21, 2023, the Grand Chamber of the CJEU delivered a judgment on the interplay between public procurement rules and competition law.[1] The judgment replies to questions raised on a preliminary reference by the Portuguese Supreme Administrative Court on the interpretation of Article 57(4) of the Public Procurement Directive (“PPD”),[2] which states that tendering authorities may exclude from participation in a procurement procedure any economic operator involved in anticompetitive behaviour. The judgment provides the following clarifications:
Revolution For Sport Gatekeepers? The Grand Chamber Of The Court Of Justice Rules On The European Super League And International Skating Union Cases
On December 21, 2023, the Court of Justice of the EU (“CJEU”) delivered two of the most anticipated judgments of…
Antitrust Review Episode 20: In Conversation With Gina Cass-Gottlieb
In the latest episode of Antitrust Review, host Nick Levy is joined by Gina Cass-Gottlieb, Chair of the ACCC, the Australian Competition and Consumer Commission.
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.
Opening Up The Wallet: Apple To Offer Rivals Access To NFC System On iOS Devices
In a move intended to put an end to the Commission’s recent investigation into mobile payment restrictions on iOS, Apple offered third-party developers access to the tap-and-go system (i.e., Near-Field Communication or “NFC”) on its devices.[1]
Antitrust Review Episode 19: In Conversation With Bruce Hoffman & Dave Gelfand
In the latest instalment of the Cleary Gottlieb Antitrust Review podcast, host Nick Levy is joined by Bruce Hoffman, Director…
Opting-Out-Of-Settlement Could Be Costly: Commission Fines Largest Nordic Ethanol Producer €48 million For Manipulating Ethanol Benchmarks
On December 7, 2023, the Commission imposed a fine of almost €48 million on Lantmännen ek för, the largest producer of ethanol in the Nordic region, for participating in a 1.5-year cartel manipulating the wholesale price of ethanol in the EEA.[1]