Competition Appeal Tribunal rules on Sainsbury’s damages claim against MasterCard
The CAT has awarded Sainsbury’s damages of £69 million, upholding its claim against MasterCard that the multilateral interchange fee which applied under the MasterCard scheme in respect of credit and debit card transactions in the UK restricted competition. Click here.
European Commission issues further statements of objections against Google
The European Commission has issued a supplementary statement of objections to Google in relation to its case that Google has abused its dominant position by systematically favouring its comparison shopping service in its search result pages. The Commission has also issued a separate statement of objections, setting out its preliminary view that Google has abused its dominant position by artificially restricting the possibility of third party websites to display search advertisements from Google's competitors. Click here.
High Court transfers competition issues in property website case to CAT
The High Court has transferred the competition issues in an ongoing case to the CAT. The competition issues arise out of contractual provisions governing the participation of the defendants (both firms of estate agents) in an online property portal “OntheMarket” established by the claimant (a mutual limited company owned by its members, all of whom are estate agents). In particular the competition issues relate to the operation of the “One Other Portal Rule” whereby participants undertook to list their properties for sale/rent on a maximum of one other portal. Click here.
Articles 101 and 102
The European Court of Justice has issued a judgment confirming that Article 101 of the Treaty on the Functioning of the European Union, read in conjunction with Article 4(3), does not preclude national legislation which requires the price of road haulage services not to be lower than minimum operating costs. This was on the basis that the level of minimum operating costs are fixed by the Italian Ministry of Infrastructure and Transport, rather than private undertakings. Click here.
The General Court has issued its judgment following the referral back of the marine hose cartel appeal by the ECJ. The General Court has dismissed the appeals seeking annulment of the European Commission decision and fines, but has reduced certain of the fines imposed. Click here.
The CMA has sent a questionnaire to hotels across the UK as part of a monitoring project as to how changes to room pricing terms are affecting the market. Click here.
The CMA has announced that Acadia’s completed acquisition of Priory faces being referred for an in-depth phase 2 merger investigation unless the parties offer suitable undertakings. The parties overlap in the supply of a number of inpatient and outpatient mental healthcare services to NHS organisations and local authorities in England and Wales. Click here.