10 May 2012
In this update, we examine the reform of UK competition law and the establishment of the new Competition and Markets Authority. We also consider the on-going public consultation by the Office of Fair Trading on a number of proposed changes to its investigation procedures in competition cases, and their likely impact on businesses.
09 February 2012
In this update, we consider a number of significant developments in December 2011 and January 2012, including the European Commission’s prohibition of the proposed merger between Deutsche Börse and NYSE Euronext, the Competition Appeal Tribunal’s confirmation that BAA must sell Stansted Airport (in addition to both Gatwick and Edinburgh) and developments in a number of market studies and market investigations being undertaken by the Office of Fair Trading and the Competition Commission.
09 February 2012
In December 2011, the Competition Appeal Tribunal overturned a decision by the Office of Fair Trading in which, after a seven year investigation, it had imposed record fines of £225 million on two tobacco manufacturers and ten retailers for entering into agreements that it considered had an anti-competitive effect on retail prices for cigarettes and other tobacco products. In this Briefing, we examine why the OFT’s case collapsed and consider some of the implications that this may have both on the OFT’s future investigation of suspected anti-competitive agreements, practices and conduct and on the Government’s planned reorganisation of the OFT and the Competition Commission.
01 February 2012
The Office of Fair Trading (“OFT”) considers that competition is not working properly in the markets for aggregates, cement and ready-mix concrete in Great Britain. Therefore, on 18 January, the OFT referred these markets to the Competition Commission (“CC”) for an in-depth investigation.
30 November 2011
Our competition law update for November 2011 discusses a number of recent developments including the OFT's revised guidance on the application of competition law to the farming sector; the European Commission's latest guidance on multi-jurisdictional mergers; and regulatory measures to be put in place in the pub sector to address concerns about "beer ties" raised by the Campaign for Real Ale.
31 October 2011
This update provides a brief overview of significant legal and policy developments in UK & EU Competition law in October 2011.
29 September 2011
This update provides a brief overview of significant legal and policy developments in UK & EU Competition law in September 2011.
26 August 2011
This update provides a brief overview of significant legal and policy developments in UK & EU Competition law in August 2011.
11 August 2011
On 10 August 2011, the Office of Fair Trading (OFT) issued a decision following its long running investigation into the retail pricing of dairy products, imposing fines totalling £49.51 million on four supermarkets and five dairy processors. The decision constitutes another example of the OFT intervening in relationships between suppliers and their retailer customers.
29 July 2011
This guide provides a list of dos and don'ts in the event that officials from either the OFT or the European Commission visit your offices to investigate allegations of anti-competitive practices.
26 July 2011
This update provides a brief overview of significant legal and policy developments in UK & EU Competition law in July 2011.
04 July 2011
This update provides a brief overview of significant legal and policy developments in UK & EU Competition law in June 2011.
01 June 2011
This update provides a brief overview of significant legal and policy developments in UK & EU Competition law in May 2011.
03 May 2011
This update provides a brief overview of significant legal and policy developments in UK & EU Competition law in April 2011.
31 March 2011
This update provides a brief overview of significant legal and policy developments in UK & EU Competition law in March 2011.
03 March 2011
This update provides a brief overview of significant legal and policy developments in UK & EU Competition law in February 2011.
23 February 2011
The European Commission has adopted two new block exemptions for Research and Development agreements and Specialisation agreements. They replaced the previous block exemptions from 1 January 2011 and contain transitional provisions for agreements that met the previous
criteria for exemption. The Commission has also published new guidelines (“the Guidelines”) for the assessment of horizontal co-operation agreements between competitors.
27 January 2011
This update provides a brief overview of significant legal and policy developments in UK & EU Competition law in December 2010 and January 2011.
26 November 2010
This update provides a brief overview of significant legal and policy developments in UK & EU Competition law in November 2010.
15 November 2010
Latest guidance on land agreements and competition law.
28 October 2010
This update provides a brief overview of significant legal and policy developments in UK & EU Competition law in October 2010.
01 October 2010
This update provides a brief overview of significant legal and policy developments in UK & EU Competition law in September 2010.
21 September 2010
The OFT recently launched a market study into the UK aggregates sector. The study has been prompted by a number of representations the OFT has received from third parties when reviewing mergers in the aggregate sector over the last few years.
17 September 2010
The European Court of Justice confirms that communications from in-house counsel are not protected by legal professional privilege in European Union competition investigations.
06 September 2010
This update provides a brief overview of significant legal and policy developments in UK & EU Competition law in August 2010.
30 July 2010
This publication provides an overview of the key legal and policy developments in UK & EU competition law in July 2010. For further information, please contact your usual Burges Salmon contact or a member of our competition team.
15 July 2010
Restrictive covenants affecting real property must comply fully with UK competition law from 6th April 2011. This includes covenants in existing documents as well as those made after that date, whether contained in leases, transfers or other property deeds and agreements. Those which do not comply will be void and may give rise to other penalties for the parties after next April.
25 May 2010
On 1 June 2010, a new Block Exemption Regulation for vertical agreements will enter into force throughout the European Union, introducing important changes to the legal framework governing the distribution sector.
27 November 2009
On 1 December 2009 the controversial Treaty of Lisbon ("the Treaty") will enter into force. With a view to 'taking Europe into the 21st century' the Treaty will introduce arguably the most significant changes to the policies, powers and structure of the European Union since the Maastricht Treaty in 1992.
14 September 2009
On 20 August 2009, the OFT published its report on its market study into local bus services (the Report).1 In short, the OFT is minded to refer the local bus services market in Great Britain, excluding London, to the Competition Commission (CC). There now follows a period of public consultation, ending on 15 October 2009 after which the OFT will consider responses before reaching its final decision to refer or not.
25 June 2009
The OFT has recently referred Stagecoach's acquisitions in Eastbourne (Eastbourne Buses and Cavendish) and Preston (Preston Bus). In Eastbourne, Stagecoach became the monopoly supplier as a result of the two acquisitions and, in Preston, Stagecoach increased its share to over 80% of the market. Whilst it is not perhaps surprising that the transactions were referred, this is the first time the OFT has referred a local bus services merger since Arriva / Sovereign in August 2004.
24 June 2009
This note takes a more detailed look at the OFT's decision regarding Stagecoach's acquisition of Preston Bus.
24 June 2009
This note takes a more detailed look at the OFT's decision regarding Stagecoach's acquisition of Eastbourne Buses/Cavendish Motor Services.