Focus Antitrust - 12 July 2017

In The News

CAT hands down judgment on competition issues in estate agents' case

The Competition Appeal Tribunal has handed down its judgment in connection with certain competition issues transferred to the Tribunal from the Chancery Division of the High Court in the proceedings between Agents' Mutual Limited and Gascoigne Halman Limited. The Tribunal found that a number of contractual restrictions did not infringe the Chapter I prohibition of the Competition Act 1998 by object. Click here.

CAT confirms that rail training accreditation body is subject to the competition rules

The Competition Appeal Tribunal has handed down its judgment on the question of whether the defendant, NSAR Limited (a rail training accreditation body), is an undertaking for the purpose of section 18 of the Competition Act 1998. The Tribunal held that NSAR constitutes an undertaking. Click here.

EU

Articles 101 and 102

• The ECJ has dismissed an appeal by Toshiba against the European Commission's decision, which re-imposed fines on Toshiba in relation to the gas insulated switchgear cartel. Click here.

Mergers

• The European Commission has sent Statements of Objections to three companies, alleging that they breached procedural rules under the EU merger regulation. Two of the companies are alleged to have provided incorrect or misleading information. The third company is alleged to have implemented its merger prior to notifying and obtaining clearance from the Commission. Click here.

UK

CMA

• The CMA has decided that the award of the South Western rail franchise to FirstGroup and MTR will be referred for a phase 2 merger investigation, unless the parties offer suitable undertakings in lieu to resolve the CMA's concerns in relation to competition on the London to Exeter route. Click here.
• The CMA has published the final decision in its remittal investigation into the ICE/Trayport merger. The decision confirms the CMA's provisional findings that ICE must dives the Trayport business and terminate a commercial agreement between the parties. Click here.

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