On 4 June 2021 the CAT published an application to commence collective proceedings under section 47B of the Competition Act 1998 against Apple Inc. and Apple Distribution International Ltd (Apple). The application alleges that Apple has abused a dominant position in breach of Article 102 of the TFEU and the Chapter II prohibition of the Competition Act.
Sabre Corporation v Competition and Markets Authority
On 21 May 2021, the CAT dismissed Sabre’s challenge of the CMA’s decision to block its proposed acquisition of Farelogix.
Courts Endorse CMA’s Broad Discretion in Merger Cases
The Competition Appeal Tribunal (CAT) and Court of Appeal have upheld decisions of the Competition and Markets Authority (CMA) in two significant merger cases. These judgments endorse both the CMA’s assertive approach to establishing jurisdiction over transactions with limited UK nexus and its policy of imposing global hold separate orders over both parties in completed mergers, and underline the broad discretion that the courts will allow the CMA in deciding how to carry out merger investigations.
Facebook Inc. v Competition and Markets Authority
On 13 May 2021, the Court of Appeal dismissed an appeal by Facebook, Inc and Facebook UK Limited against a
Generics (UK) Limited and Others v Competition and Markets Authority
On 10 May 2021, the CAT issued a supplementary judgment in the appeals against a decision of the CMA of 12 February 2016. This followed the CAT’s previous judgment of 8 March 2018, by which certain questions were referred to the Court of Justice of the European Union (CJEU). The CJEU issued its ruling on these questions on 30 January 2020.
Royal Mail plc v Office of Communications
On 7 May 2021, the Court of Appeal dismissed the appeal by Royal Mail plc (Royal Mail) of
Forrest Fresh Foods Limited v Coca-Cola European Partners Great Britain Limited
On 23 April 2021, the Competition Appeal Tribunal (CAT) published notice of an abuse of dominance claim brought
Joint Statement by the CMA, ACCC and Bundeskartellamt on the Need for Rigorous Merger Enforcement
In recent years, the CMA has been strengthening its approach to merger control as it prepares for its new status as a global enforcer with expanded jurisdiction following the UK’s exit from the EU. Since 1 January 2021, the CMA has been able to investigate the UK aspects of mergers that also qualify for review by the EU Commission (EC). Many transactions, including major global deals, are therefore now subject to parallel review by the EC and CMA.
CAT Publishes CPO in Justin Le Patourel v BT Group PLC
On 19 October 2021, the CAT published its judgment on the strike-out and CPO applications in the claim brought by
Roland (U.K.) Limited and another v Competition and Markets Authority
On 19 April 2021, the CAT dismissed Roland’s appeal against a £4 million fine imposed by the CMA (see UK Competition Newsletter, August – September 2020). Roland appealed, alleging that the CMA’s fine overstated the seriousness of the infringement and that the CMA’s leniency discount had been too low.