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Focus Antitrust - 3 September 2014

3 September 2014

In The News

CMA opens investigations in bathroom fittings and commercial catering sectors

The CMA has opened two new investigations into suspected breaches of the Chapter I prohibition of the Competition Act 1998 and Article 101 TFEU in the bathroom fittings sector and the commercial catering sector. The CMA estimates that it will decide whether to proceed with or to close the investigations in December 2014. 


Articles 101 and 102
  • The new European Commission notice on agreements of minor importance which do not appreciably restrict competition under Article 101(1) TFEU (the de minimis notice) has been published in the Official Journal. This clarifies the position that agreements which have as their object the prevention, restriction or distortion of competition do not benefit from the safe harbour provided by the de minimis market  share thresholds. Further, ‘hardcore’ restrictions contained in any of the block exemption regulations are generally considered to constitute restrictions by object.
  • The European Commission has decided to close the investigation it commenced in February 2012 into whether the alleged refusal by US software company, The MathWorks Inc., to provide a competitor with end-user licences and interoperability information constituted a breach of Article 102 TFEU. 


  • The CMA and Ofgem have published an MoU in respect of their concurrent competition powers under the Competition Act 1998 and Enterprise Act 2002. The MoU provides detail as to how the CMA and Ofgem will cooperate to apply competition law in the gas and electricity sectors in Great Britain.

This article was written by Paul Stone.  

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