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Focus Antitrust 21 October 2015

21 October 2015

In The News

Ofgem opens investigation into price comparison websites

Ofgem has announced an investigation to look at whether a number of price comparison websites have breached competition law in relation to paid online search advertising. Click here.

European Commission fines suppliers of optical disc drives € 116 million for cartel

The European Commission has fined eight optical disc drive suppliers a total of €116 million for having coordinated their behaviour in relation to procurement tenders organised by two computer manufacturers, in breach of Article 101. Click here.


Articles 101 and 102
  • The Advocate General’s opinion has been issued on appeals by four cement companies against General Court judgments that dismissed their actions to challenge a decision of the European Commission to request information as part of an Article 101 investigation. The Advocate General has concluded that the appeals should be allowed in view of a number of errors in the General Court's review of the Commission's information request decision. Click here.


  • The Court of Appeal has upheld appeals against two judgments of the High Court in relation to the air cargo cartel private action case. In the first appeal the Court held that the High Court judge was wrong to require an unredacted version of the European Commission's air cargo decision to be disclosed to members of a confidentiality ring. This was on the basis that certain parts of the decision were protected under the presumption of innocence, as applied by the General Court's judgment in Pergan v Commission, and the High Court was obliged to ensure the same protection as given at EU level. In the second appeal, the Court held that the High Court judge had been wrong not to strike out claims based on the economic torts of conspiracy and unlawful interference. Click here.
  • The CMA has, following consultation, decided to remove two sets of monopoly remedies, specifically the Credit Cards (Merchant Acquisition) Order 1990 and undertakings given by Metal Box plc in 1972. Click here.
  • The CMA has sent an open letter to school head teachers, governing boards and suppliers in relation to school uniform prices. Click here.
  • The CMA is consulting on its intention to remove eleven and retain two Enterprise Act structural merger remedies. Click here.
  • The CMA has accepted undertakings in lieu of a reference in relation to the anticipated acquisition by Muller UK & Ireland Group LLP of the dairy operations of Dairy Crest Group plc. Click here.

For more information please contact Paul Stone on +44 (0)20 7203 5110 or at paul.stone@crsblaw.com