Updated on May 10, 2022
The UK Government has published its response to the consultation on a new regulatory regime for digital markets on May 6, 2022.
CMA Seeks Comments on Draft Guidance for Vertical Agreements Block Exemption Order
The UK Competition and Markets Authority (the “CMA”) is consulting on its draft guidance (“Draft Guidance”) for its proposed Vertical Agreements Block Exemption Order (“VABEO”). It invites comments by May 5, 2022.
Achilles v Network Rail: Signalling a Shift Towards More Standalone Competition Litigation?
The Competition Appeal Tribunal (CAT) has granted a claim for damages by Achilles Information Limited (“Achilles”) against Network Rail Infrastructure Limited (“Network Rail”).[1] The Judgment is the CAT’s first damages award arising from a standalone claim since 2016,[2] and follows the CAT’s earlier finding that Network Rail had breached Chapter 1 and Chapter 2 of the Competition Act 1998 (the“Act”).[3]
U.S. & EU Antitrust: Developments and Outlook in 2022
In the 2021 edition of this memo, we wrote that antitrust in 2020 received more political and media attention than at any recent time. 2021 beat that standard in multiple ways, and 2022 looks to continue that trend. In addition to continuing the major tech cases brought under the Trump administration, 2021 saw unprecedented levels of legislative activity in antitrust (both federal and state), competition policy taking a leading position across federal agencies and startling new approaches at the Federal Trade Commission (FTC) in particular – new approaches that, while they haven’t yet produced a wave of new enforcement actions, have required changes in thinking about and approaching antitrust issues. We expect these trends to accelerate in 2022.
The FCO’s Annual Review 2021
On December 22, 2021, the German Federal Cartel Office (“FCO”) published its annual review for 2021.[1] As done already on the occasion of the presentation of its Annual Report 2020/2021,[2] the FCO’s President, Andreas Mundt, emphasized again that the protection of competition in the digital economy remains one of the FCO’s top priorities. He underlined that also merger control will continue to serve as a key tool to achieve this goal. In addition, he pointed out that the FCO would welcome powers of intervention also with regard to infringements of consumer rights.
CMA Revised Guidance on Interim Measures in Merger
The UK Government has stated that the review of mergers in the UK “should be as efficient as possible, focusing its attention on mergers most likely to be harmful to competition and consumers, without unduly hindering benign investment.”[1] To that end, the UK has a voluntary, non-suspensive system of merger control, intended to promote greater flexibility and proportionality than a suspensory regime.
Notice of Application Filed To Commence Collective Proceedings Against Govia Thameslink
On 16 December 2021, the CAT published a notice of application brought by Mr. Justin Gutmann to commence collective proceedings
U.S. & UK Consult on Standard Essential Patents, Injunctions, FRAND Licensing, and Antitrust
The area of standards, and licensing of Standard Essential Patents (“SEPs”) on “fair reasonable and non-discriminatory terms (“FRAND”) is alive as ever. There are developments in three jurisdictions:
Justin Gutmann v London & South Eastern Railway And South Western Trains, Stagecoach South Western Trains
On 6 December 2021, the CAT published a ruling on permission to appeal and costs, following its earlier judgement that refused to strike out collective proceedings brought by Mr. Justin Gutmann against London & South Eastern Railway and South Western Trains, Stagecoach South Western Trains.