In the third episode of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy interviews John Fingleton CBE, former head of
Competition Appeal Tribunal Sets Aside CMA’s First Antitrust Fine for Most Favoured Nation Clauses in its Compare the Market Decision
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.
Chambers Merger Control 2022 Global Practice Guide: UK
Cleary Gottlieb partners Nicholas Levy, Paul Gilbert, and Jackie Holland and associate Courtney Olden co-authored the “UK” chapter of the
New UK Framework for Vertical Agreements Finalised
Thank You for the Music – CMA Publishes Update in Music and Streaming Study
On 26 July the CMA published an Update Paper in its music and streaming market study (launched 27 January).[1] The Update Paper sets out the CMA’s preliminary findings halfway through its study into how well competition works in music streaming.
Unfair Play: UK CMA Fines Pharmaceutical Companies for Excessive Prices
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.
Antitrust Review Episode 1: In Conversation With Andrea Coscelli
Welcome to Cleary Gottlieb’s Antitrust Review – a podcast focused on antitrust enforcement, policy and practice.
In a complex and
CMA’s Approach to Online Choice Architecture
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.
CMA to be Given New Powers to Enforce Consumer Law and Impose Significant Fines
The UK Government’s response to its consultations on ‘Reforming competition and consumer policy’ (April 2022) confirmed the Government’s proposals to give the Competition and Markets Authority (CMA) enhanced consumer law enforcement powers.
Australia Plus Plus? CMA and Ofcom Publish Advice on Platforms and Publishers
Background
The UK Competition and Markets Authority (CMA) and telecoms regulator (Ofcom) recently published a joint paper setting out their advice to the Department for Culture, Media and Sport (DCMS) on new rules for digital platforms’ use of publishers’ content.