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Focus Antitrust

27 January 2016

In The News

Groceries Code Adjudicator finds Tesco in breach of Groceries Code

The Groceries Code Adjudicator Christine Tacon has found that Tesco has seriously breached the Groceries Supply Code of Practice, which was introduced following a market investigation by the Competition Commission into the supply of groceries. The Adjudicator found that the retailer had acted unreasonably when delaying payments to suppliers, often for lengthy periods of time. Click here.

ECJ finds that European Commission and national leniency programmes operate independently

The European Court of Justice has issued a judgment holding that the leniency programmes of the European Commission and of individual Member States coexist autonomously. In particular, the ECJ held that there is no legal link between an application for immunity submitted to the European Commission and a summary application submitted to a national competition authority in respect of the same cartel, with the result that the national authority is not required to assess the summary application in the light of the application for immunity. Click here.


Articles 101 and 102
  • The European Court of Justice has dismissed an appeal by Toshiba against a General Court judgment upholding the European Commission's decision on the power transformers cartel. Click here.
  • The European Court of Justice has issued a judgment annulling the fine imposed by the General Court on Galp in relation to the Spanish bitumen cartel and substituting its own lower fine. Click here.
  • The European Court of Justice has issued a judgment on restrictions on granting discounts imposed by the administrator of a computer booking system used by a number of travel agents. The ECJ considered that, where the administrator sends the travel agents a message informing them that the discounts on products sold through the booking system have been capped, the travel agents may be presumed to have participated in a concerted practice within the meaning of Article 101, if they are aware of that message. That presumption can be rebutted if the travel agent can show it has publicly distanced itself from that practice, reported it to the competition authorities or can provide other rebuttal evidence, such as evidence of charging discounts above the cap. Click here.


  • Following a consultation, the CMA has made an Article 9 request to the European Commission to refer McKesson’s proposed acquisition of the united drug division and other associated businesses of UDG Healthcare to the CMA. Click here.

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