On 26 November 2021, the CAT ruled on eight sets of proceedings associated with the Mastercard or Visa payment cards schemes. The card schemes are alleged to have set multilateral interchange fees (MIFs) for their schemes at anticompetitive levels and therefore infringed Article 101 and/or 102 of the Treaty on the Functioning of the European Union (TFEU) and the Chapter 1 and/or 2 Prohibition of the Competition Act 1998.
Ryder Limited And Another v MAN SE & Others
On 19 November 2021, the CAT published a ruling on disclosure in the case of Ryder Limited and another v MAN SE and others, one of several actions being brought against truck manufacturers following the European Commission’s trucks cartel decision. Ryder sought disclosure of an unredacted extract from Iveco’s Statcom system (used to calculate the expected net profitability of each truck sold and to update its finance and accounting system).
Mercury Pharmaceuticals Limited & Others / HG Capital LLP / Cinven (Luxo 1) S.a.r.l. & Others v Competition and Markets Authority
On 18 November 2021, the Competition Appeal Tribunal (CAT) published summaries of three appeals by Mercury Pharmaceutical Limited, HG
CAT Publishes Five Notices of Appeal Challenging CMA’s Hydrocortisone Tables Infringement Decision
CAT Publishes CPO in Justin Gutmann v London & South Eastern Railway, South Western Trains, Stagecoach South Western Trains
On 19 October 2021, the CAT published its judgment on the strike-out and collective proceedings order (CPO) applications in the claims brought by Mr. Justin Gutmann alleging abuse of dominance by London & South Eastern Railway Limited, First MTR South Western Trains Limited, and Stagecoach South Western Trains Limited.
Withdrawal of Action Against Datasite
On 19 October 2021, the CAT made an order permitting Regus Group Services Ltd and IWC plc to withdraw their
Withdrawl of Action Against Premier League
On 8 October 2021, the CAT made an order permitting St James Holdings Limited (St James Holdings) to
CMA Ramps up Use of Market Study Powers to Tackle Emerging Competition Issues
The UK competition authorities, and the Competition and Markets Authority in particular, have broad powers to investigate markets as a whole and impose remedies without any finding of unlawful conduct. The use of these powers has fluctuated over time but is again increasing. Over the last year, the CMA has opened three market studies, investigating the markets for Music Streaming, Children’s Social Care, and Mobile Ecosystems.
Justin Le Patourel v BT Group Plc
On 27 September 2021, the CAT issued its judgment on an application by the proposed Class Representative Mr Le Patourel, for a Collective Proceedings Order (CPO), and an application by BT (a) to strike out the claim pursuant to Rule 41(1) (b) of The Competition Appeal Tribunal Rules 2015 (the Rules) on the basis that there were no reasonable grounds for making it and/or (b) for summary judgment to dismiss the claim pursuant to Rule 43(1)(a) of the Rules on the basis that it had no real prospect of success.
Elizabeth Helen Coll v Alphabet Inc. and Others
On 13 September 2021, the CAT published an application to commence collective proceedings under section 47B of the CA98 against Google alleging that it has abused dominant positions in breach of Article 102 of the Treaty on the Functioning of the European Union (TFEU) and the Chapter 2 Prohibition of the Competition Act.