In the latest episode of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy interviews Sir Philip Lowe, former Director-General of DG COMP.
2023 Update: U.S. Antitrust Sets Sail into Uncharted Seas
Last year we noted that U.S. antitrust enforcement was in a period of nearly unprecedented public attention and policy debate, and also that the Biden Administration seemed likely to launch significant new policy initiatives as the year progressed.
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]
Advocate General Sides with Commission in its Appeal of General Court’s Overturning of Three/O2 Prohibition
Non-binding opinion finds that General Court erred in applying heightened standard of proof to cases involving unilateral effects in oligopolistic markets.
Antitrust Review Episode 3: In Conversation with John Fingleton CBE
In the third episode of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy interviews John Fingleton CBE, former head of
Competition Appeal Tribunal Sets Aside CMA’s First Antitrust Fine for Most Favoured Nation Clauses in its Compare the Market Decision
The UK Competition Appeal Tribunal (CAT) on 8 August 2022 set aside a £17.9 million fine against price comparison website Compare The Market, criticising the Competition and Markets Authority’s (CMA) legal and evidential assessment of the case. The CAT found that the CMA’s “anecdotal evidence”[1] failed to prove that Compare The Market kept home insurance premiums artificially high by using most favoured nation clauses (MFNs) in its contracts with insurance providers. The CMA has said it is disappointed with the CAT’s ruling and is considering its options, including a potential appeal.
Chambers Merger Control 2022 Global Practice Guide: UK
Cleary Gottlieb partners Nicholas Levy, Paul Gilbert, and Jackie Holland and associate Courtney Olden co-authored the “UK” chapter of the
New UK Framework for Vertical Agreements Finalised
Thank You for the Music – CMA Publishes Update in Music and Streaming Study
On 26 July the CMA published an Update Paper in its music and streaming market study (launched 27 January).[1] The Update Paper sets out the CMA’s preliminary findings halfway through its study into how well competition works in music streaming.
Unfair Play: UK CMA Fines Pharmaceutical Companies for Excessive Prices
The UK Competition and Markets Authority (CMA) last week fined pharmaceutical companies Pfizer and Flynn £63 million and £6.7 million for engaging in excessive pricing. In the CMA’s view, the companies charged unfairly high prices for Phenytoin capsules, a genericised anti-epilepsy drug, in violation of competition law.