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Focus Antitrust - 19 August 2015

19 August 2015

In The News

CMA issues statement of objections to Pfizer and Flynn Pharma in anti-epilepsy drug investigation

The CMA has issued a statement of objections to the pharmaceutical suppliers Pfizer and Flynn Pharma alleging that they have abused a dominant position by charging excessive and unfair prices in the UK for phenytoin sodium capsules, an anti-epilepsy drug. Click here.

CMA orders remedy to meet concerns over lubricants merger

The CMA has issued its final report in relation to Reckitt Benckiser’s anticipated acquisition of the K-Y brand, concluding that the merger could lead to a substantial lessening in competition. This confirms the CMA’s provisional findings which were published in May. To remedy these concerns, RB will be required to license the K-Y brand in the UK to a competitor for 8 years. Click here.

CMA provisionally clears foundation trust hospitals merger

The CMA has provisionally cleared the proposed merger between the Ashford and St Peter’s Hospitals NHS Foundation Trust and the Royal Surrey County Hospital NHS Foundation Trust, following a phase 2 merger investigation. Click here.


Articles 101 and 102
  • The European Commission has decided to close an investigation opened in December 2010 against a number of European manufacturers of cement. The Commission had been investigating possible import/export restrictions, market sharing, price coordination and information exchanges in the markets for cement and related products and inspections were carried out in November 2008 and September 2009. However, the Commission has decided that the evidence it has gathered is not sufficiently conclusive to confirm its initial concerns. Click here.
  • The European Commission has opened an in-depth phase 2 investigation into the proposed acquisition of TNT Express by FedEx Corporation.  The Commission has concerns that on a number of European markets for international express and regular small package deliveries, the merged entity would face insufficient competitive constraints from the only two remaining players (UPS and DHL). Click here.


  • The Court of Appeal has agreed with a ruling of the High Court in the context of a private competition law action against Visa that any claims for any period earlier than six years prior to the commencement of the proceedings in 2013 are statute-barred under the Limitation Act 1980.  Click here.  
  • The CMA is consulting on renewing the public transport ticketing block exemption. Click here.
  • The CMA has completed its eye surgeons competition investigation. Click here.
  • The CMA has welcomed the sale of plants by Lafarge Tarmac and Hanson following the Competition Commission’s cement market investigation report. In light of these developments, the legal challenges brought by Lafarge Tarmac and Hope to the Competition Commission’s report have been withdrawn. Click here.
  • The CMA is consulting on a proposed undertaking in lieu of a reference for Müller's proposed acquisition of the dairy operations of Dairy Crest. Click here.
  • The CMA has published its final order on the payday lending market investigation. Click here.
  • The CMA has published its final guidance on the approval of voluntary redress schemes. Click here.
  • The CMA has published a notice of proposal to accept final undertakings from AkzoNobel and the Bocchio family in relation to the Akzo Nobel/Metlac Holding merger. Click here.
  • The CMA has announced that Original Bowling Company’s proposed acquisition of Bowlplex will be referred for an in-depth phase 2 investigation unless acceptable undertakings are offered. Click here.