CMA merger decisions are subject to judicial review by the Competition Appeal Tribunal (CAT). Challenges to the CMA’s substantive decision-making have, however, generally been unsuccessful. Although the CAT has been willing to intervene on matters of procedural fairness and errors of law, as recent decisions confirm, the CAT is reluctant to intervene in the CMA’s assessment of competitive effects and identification of remedies.
Mark McLaren Class Representative Limited v MOL (Europe Africa) Ltd and Others
On 1 April 2020, the CAT published a summary of an application to commence collective proceedings under section 47B of
Statements by Concurrent Sectoral Regulators
Financial Conduct Authority (FCA) and Payment Systems Regulator (PSR)
The FCA and PSR announced that they support the CMA’s guidance on its approach to business cooperation in response to COVID-19 under competition law and will take a consistent approach to their competition law enforcement activity in the financial services sector. This means that these regulators will not enforce competition law in a way that impedes financial services providers from working together to provide essential services to consumers during the COVID-19 pandemic.
Judicial Procedure Updates (COVID-19)
COVID-19 and Civil Procedure Rule Updates. On 25 March 2020, Civil Procedure Rule Practice Direction 51Y (PD51Y) came into force, to facilitate video and audio hearings for the duration of the pandemic.
Royal Mail Group Limited v Daf Trucks Limited and Others (Trucks Cartels)
On 26 March 2020, the CAT granted permission for the defendants to appeal a CAT judgment on a preliminary issue,
Flynn Pharma Limited and Others v Competition Markets Authority
On 10 March 2020, the Court of Appeal handed down its judgment in an appeal brought by the CMA against
Higgins v Barclays, Evans v Barclay (FX Cartels)
On 6 March 2020, the CAT handed down its judgment in an application for a preliminary hearing on a timing
Network Rail Infrastructure Limited v Achilles Information Limited
On 5 March 2020, the Court of Appeal dismissed Network Rail’s application to appeal a CAT decision which found that
Iiyama (UK) Limited and Others V Samsung Electronics Co. Limited and Others (LCD Cartels)
On 4 March 2020, the CAT ordered that the damages claim brought by Iiyama against Samsung in relation to the
SP Power Systems and Others V Prysmian Spa and Others, National Grid Electricity Transmission Plc V ABB Ltd and Others (Power Cables Cartels)
On 28 February 2020, the High Court handed down an order transferring two damages claims for breaches of Article 101