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Focus Antitrust - 6 May 2015

6 May 2015

In The News

FIPO appeal against CMA’s private healthcare market investigation dismissed by CAT

The Competition Appeal Tribunal has dismissed the application by the Federation of Independent Practitioner Organisations (FIPO) for review of parts of the final report of the CMA on the private healthcare market investigation. The majority of the Tribunal upheld the CMA's finding that there was no adverse effect on competition resulting from private medical insurers' buyer power in relation to consultants and the restrictions placed on consultants' fees.  However, unusually, one member of the Tribunal issued a dissenting judgment, which concluded that the CMA had acted irrationally in not finding an adverse effect on competition and in finding that the consultants were able to compete below the price caps imposed by the insurers.  Click here.

European Commission approves coffee joint venture between DEMB and Mondelēz, subject to conditions

Following an in-depth Phase 2 merger investigation, the European Commission has approved subject to conditions the proposed creation of a joint venture between two coffee manufacturers - D.E. Master Blenders 1753 B.V. (DEMB) of The Netherlands and Mondelēz International Inc. of the US.  The Commission had concerns that the transaction, as initially notified, would have led to price increases in roast and ground coffee products in France, Denmark and Latvia, as well as in filter pads in Austria and France.  To address these concerns Mondelēz has agreed to sell its Carte Noire business across the EEA, while DEMB has agreed to sell its Merrild business across the EEA and license its Senseo brand in Austria.  Click here.


  • The CMA has published a notice of its intention to make an order to address the features of the payday lending market which it identified in its final report as adversely affecting competition.  The order includes prohibitions on supplying payday loans unless the lender has published information on an FCA-authorised price comparison website and customers are provided with a summary of the cost of borrowing.  Click here.

This article was written by Paul Stone.  

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