There is a global trend of increasingly burdensome demands by competition authorities conducting merger review for the submission of merging parties’ internal documents, and the CMA is no exception. In recent months the CMA has also taken greater steps to enforce such requests, in particular by fining companies for failing to comply with formal requests for documents under Section 109 of the Enterprise Act 2002 (“Section 109 Notices”).
Lebedev Holdings Limited and Another v Secretary of State for Digital, Culture, Media and Sport
On 16 August 2019, the CAT ruled on the time limit for the Secretary of State to issue a PIIN (and make a Phase 2 reference) in respect of certain acquisitions of shares in Lebedev Holdings Limited (LHL) and Independent Digital News and Media (IDNM) (see Article above). LHL and IDNM argued that this had been made out of time.
Merricks v Mastercard
On 25 July 2019, the Supreme Court granted Mastercard permission to appeal the Court of Appeal’s judgment of April 2019.
Credit Suisse v HRMC
On 19 July 2019, the High Court dismissed an action for damages brought by Credit Suisse and others against HM
Achilles Information v Network Rail
On 19 July 2019, the CAT ruled that Network Rail illegally enforced its ‘RISQS-only’ rule on other users of its
R (on the Application of Advanz Pharma Corp) v CMA
The case concerns an abuse of dominance investigation by the CMA into the supply of Liothyronine tablets in the UK
CMA Publishes Merger Remedy Evaluation
In June 2019, the CMA published its Merger Remedy Evaluations Report (the Report) – the latest in a series of case evaluations conducted to develop the CMA’s expertise, policy, and practice on merger remedies. The Report notes that its findings will be “used to inform the way in which the CMA approaches remedy design and implementation in subsequent cases.” The Report contains useful guidance for parties on the types of remedies that the CMA is prepared to accept or may require.
Gutmann v First MTR South Western Trains and Another; Gutmann v London & South Eastern Railway.
On 4 June 2019, the CAT refused an application by two train operators to stay class certification proceedings against them
UK Trucks Claim v Fiat Chrysler and Others; Road Haulage Association v Man SE and Others
On 17 May 2019, hearings regarding collective proceedings orders (“CPOs”) in two collective damages actions (also “Trucks” cases) were adjourned
Wolseley and Others v Fiat Chrysler and Others
This case is one of seven sets of ongoing proceedings against addressees of the July 2016 European Commission decision which fined participants in a truck manufacturing cartel (the so-called “Trucks” cases).