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]

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.

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.

Introduction

The UK Competition and Markets Authority (CMA) has recently published a Discussion Paper and accompanying Evidence Review on “Online Choice Architecture” (OCA). This provides a helpful overview of the CMA’s approach to analysing choice architecture, recognising that some practices are likely to be harmful to consumers but others may be beneficial.