On 18 August 2021, the CAT certified its first follow-on class action under the UK’s collective action regime. Walter Merricks’ application for certification was initially refused in 2017. But following appeals up to the Supreme Court, the CAT reconsidered his application in light of the now-established criteria for certification, as clarified by the Supreme Court in its 11 December 2020 judgment.[1] This article sets out the background to the CAT’s decision on remittal, summarises the CAT’s main findings, and provides observations on possible implications.
The Merger Control Review, Ed. 12 – EU Merger Control
By Nicholas Levy, Patrick Bock & Esther Kelly on
Cleary Gottlieb partners Nicholas Levy and Patrick Bock, and counsel Esther Kelly co-authored the “EU Merger Control” chapter in The Merger Control Review, ed. 12.
Drinks With The Deal: Cleary Gottlieb’s Jim Langston
By James E. Langston on
Cleary Gottlieb partner Jim Langston appeared on the podcast, “Drinks With The Deal,” published by The Deal.
The French Competition Authority Publishes Its Revised Fining Guidelines
By Cleary Gottlieb on
On July 30, 2021, the French Competition Authority (“FCA”) published its revised Fining Guidelines, which repealed and replaced the 2011 guidelines.[1] In June, the FCA had opened a public consultation on a draft, which provided for different changes of the method of calculation of fines. While the Guidelines as published have retained those changes, they also include several more minor ones resulting from the public consultation.
The FCO’s Interim Report on Mobile Apps
By Friedrich Andreas Konrad on
On July 29, 2021, the German Federal Cartel Office (“FCO”) published the results of its sector inquiry into mobile apps,[1] finding severe deficiencies regarding the information provided to app users and apps’ compliance with data protection law. The FCO recommends app publishers and app store operators should increase transparency and requests increased private enforcement and more enforcement by data protection authorities.
CMA Fines Advanz Pharma for Excessive and Unfair Prices in the Supply of Liothyronine Tablets
By Cleary Gottlieb on
On 29 July 2021, the CMA announced that it had imposed a fine of £101 million on Advanz Pharma for…
Chambers Merger Control 2021 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 Chambers Merger Control 2021 Global Practice Guide.
Application To Bring Collective Damages Action Against Govia Thameslink for Abuse of Dominance on the London-Brighton Mainline
By Cleary Gottlieb on
On 27 July 2021, the CAT published an application for a collective proceedings order to commence standalone proceedings on an…
CMA Publishes Results of Electric Vehicle Charging Market Study and Opens Investigation Into Supply of Electric Vehicle Charging Points on or Near Motorways
By Cleary Gottlieb on
On 23 July 2021 the CMA published its final report in its market study into the supply of charging for electric vehicles (“EVs”). The study raises concerns that the rollout of charging points has been slow and disjointed, warning that more needs to be done in the sector ahead of the government’s planned ban on sales of new petrol and diesel cars by 2030.
TAR Lazio Confirms ICA Decision Fining Several Companies for Bid-rigging in Private Security Services Sector in Italy
By Cleary Gottlieb on
On July 22, 2021, the TAR Lazio dismissed in full the applications filed by Coopservice s.coop.p.a. (“Coopservice”), Allsystem s.p.a. (“Allsystem”), Istituti di Vigilanza Riuniti s.p.a. (“IVRI”) and its parent company Biks Group s.p.a. (“Biks”), Italpol Vigilanza s.r.l. (“Italpol”) and its parent company MC Holding s.r.l. (“MC Holding”), as well as Sicuritalia s.p.a. (“Sicuritalia”) and its parent company Lomafin SGH s.p.a. (“Lomafin”; collectively, the “Parties”) for annulment of the 2019 decision adopted by the ICA in Case I821 (the “Decision”).[1]