In the latest instalment of our Antitrust Review podcast, host Nick Levy is joined by Aviv Nevo, Chief Economist at
Antitrust Review Episode 35: Looking Back at Commissioner Vestager and Forward to Commissioner Ribera
In the latest instalment of our Antitrust Review podcast, host Nick Levy is joined by colleagues from Cleary Gottlieb’s Brussels
UK Digital Markets, Competition, and Consumers Bill Passed By Parliament
UK Becomes Fourth Jurisdiction to Introduce Dedicated Digital Platform Regulation, with More Jurisdictions Likely to Follow
On 23 May, the UK Parliament passed the Digital Markets, Competition and Consumers (DMCC) Bill. The new DMCC Act will bring about some of the most significant reforms to competition and consumer protection law in the UK in decades. Among other major reforms, it introduces a dedicated regime that provides for specific conduct rules for large digital platforms. The UK therefore becomes the fourth jurisdiction—after the EU with its Digital Market Act (DMA), Germany with its s.19A rules, and Japan with its new smartphone bill (also passed on 23 May)—to introduce rules that target a handful of the largest digital firms.[1]
Antitrust Review Episode 24: In conversation with Maria Jaspers
In the latest installment of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy is joined by Maria Jaspers, who heads
Third Time’s The Charm: CAT Overturns Own Hydrocortisone Decision in Landmark Judgment
On 8 March, the Competition Appeal Tribunal (the “CAT”) handed down a third judgment in two years in
CMA Publishes Novel “Trends in Digital Markets” Report
On 14 December 2023, the Competition and Markets Authority (CMA) published its first horizon scanning report examining ten trends in digital markets that the CMA expects will be relevant over the next five years and beyond.
The report aims to “draw on available evidence to discuss and present possible future developments and potential implications for competition and consumers”.[1] The trends focus on areas such as artificial intelligence (AI), interoperability, and privacy.
Amendments to the Digital Markets, Competition, and Consumers Bill Passed
On 20 November 2023, the Digital Markets, Competition, and Consumers Bill (DMCC) cleared the report stage and an expedited third reading in the House of Commons, at which a series of significant amendments were passed.
The French Cour de cassation dismisses Carrefour’s appeal in relation to its follow-on damage claim against Vania
On September 6, 2023, the French Supreme Court (“Cour de cassation”) upheld the Paris Court of Appeal’s judgment which had dismissed Carrefour’s damage claim against Vania Expansion (“Vania”) [1] following Vania’s participation in the home and personal care cartel.[2] The French Cour de cassation noted that it is up to the alleged victim to demonstrate that it has not passed on the overcharge to consumers.
Liability of Managing Directors or Management Board Members Involved in Antitrust Violations vis-à-vis the Companies Managed by Them
On July 27, 2023[1], the Higher Regional Court of Düsseldorf ruled on the question of whether a company that has been fined under antitrust law can hold itself harmless by seeking indemnification from the statutory representatives in its managing corporate body. While the Higher Regional Court rejected a claim for reimbursement of the fine imposed on the company by the German Federal Cartel Office and the costs of the fine proceedings, it confirmed the personal liability of the company’s statutory representatives in its managing corporate body for any consequential damages arising from the antitrust infringement, e.g., as a result of claims for damages by third parties.
Supreme Court Rules Most Litigation Funding Agreements are Unlawful
Over the past two decades, litigation funding in the UK has become increasingly important and more commonly used. Once deemed