On 7 September 2021 the CAT issued a judgment striking out Forrest Fresh Foods’ claim against Coca-Cola European Partners Great
American Golf (Trading) Ltd. and ors. v. Mastercard Inc. and Others
Four divisions of Mastercard are facing a UK claim from retailers AGDC Realisations, American Golf, and Victoria Plum, which has
The UK Office for the Internal Market Is Officially Launched
In September 2021, the UK Competition and Markets Authority (CMA) announced the official launch of the Office for the Internal Market (OIM), a new unit within the CMA intended to support the effective operation of the UK internal market through monitoring, publishing reports and advice, and making recommendations to the Government. This article examines (i) what the OIM does and why it was introduced; (ii) how the OIM proposes to carry out its functions; (iii) the OIM’s information gathering powers; and (iv) broader implications for UK competition policy.
Cat Certifies First Follow-on Damages Class Action
On 18 August 2021, the CAT certified its first follow-on class action under the UK’s collective action regime. Walter Merricks’ application for certification was initially refused in 2017. But following appeals up to the Supreme Court, the CAT reconsidered his application in light of the now-established criteria for certification, as clarified by the Supreme Court in its 11 December 2020 judgment.[1] This article sets out the background to the CAT’s decision on remittal, summarises the CAT’s main findings, and provides observations on possible implications.
CMA Fines Advanz Pharma for Excessive and Unfair Prices in the Supply of Liothyronine Tablets
On 29 July 2021, the CMA announced that it had imposed a fine of £101 million on Advanz Pharma for
Application To Bring Collective Damages Action Against Govia Thameslink for Abuse of Dominance on the London-Brighton Mainline
On 27 July 2021, the CAT published an application for a collective proceedings order to commence standalone proceedings on an
CMA Publishes Results of Electric Vehicle Charging Market Study and Opens Investigation Into Supply of Electric Vehicle Charging Points on or Near Motorways
On 23 July 2021 the CMA published its final report in its market study into the supply of charging for electric vehicles (“EVs”). The study raises concerns that the rollout of charging points has been slow and disjointed, warning that more needs to be done in the sector ahead of the government’s planned ban on sales of new petrol and diesel cars by 2030.
CMA Imposes Fines for Excessive and Unfair Pricing and Market Sharing in the Supply of Hydrocortisone Tablets
On 15 July 2021, the CMA announced that it had imposed fines totalling more than £260 million for competition law
CMA Publishes Consultation To Replace the Retained Vertical Agreements Block Exemption Regulation
On 17 June 2021, the CMA published a consultation document on its provisional recommendation to replace the retained EU Vertical Agreements Block Exemption Regulation (VABER) with a UK-specific Vertical Agreements Block Exemption Order (VABEO) (the CMA Consultation). Currently, agreements benefit from automatic exemption from the UK Chapter 1 Prohibition[1] (the equivalent of Article 101 TFEU) if they meet the criteria set out in the VABER.
Westover Ltd v Mastercard Inc.
On 7 June 2021, the CAT ruled on the preliminary issue of whether English or Italian law governs claims made by claimant companies incorporated in Italy (the Italian Claimants). The broader claim relates to an Article 101 TFEU infringement decision concerning default multilateral interchange fees (MIFs) set by Mastercard and Visa.