Focus Antitrust - 25 January 2017
In The News
CMA issues fines of £2.8 million in furniture parts cartel
The CMA announced that two firms that make furniture parts, Thomas Armstrong (Timber) Ltd and Hoffman Thornwood Ltd, have agreed to pay fines of £2.8 million after admitting market sharing, co-ordinating prices, bid-rigging and exchanging commercially sensitive information. Click here.
CMA issues statement of objections to cleanroom laundry businesses
The CMA has issued a statement of objections to two cleanroom laundry businesses, provisionally concluding that they had a market-sharing arrangement under which they divided up customers by geographical territory and/or customer type. Click here.
European Commission seeks feedback on commitments offered by Amazon in e-book investigation
The European Commission is inviting comments on commitments offered by Amazon to address its concerns relating to certain parity clauses contained in contracts between Amazon and publishers. These clauses, sometimes referred to as "most-favoured-nation" or "MFN" clauses, require publishers to inform Amazon about more favourable or alternative terms offered to Amazon's competitors and/or offer Amazon similar terms and conditions as to its competitors. The Commission considers that these clauses may amount to an abuse of a dominant market position by Amazon. Click here.
Articles 101 and 102
- The European Commission has welcomed an agreement to end all exclusivity obligations concerning audiobook supply and distribution between Amazon's subsidiary Audible and Apple. The agreement between Amazon/Audible and Apple to remove these exclusivity obligations, following contacts with the Commission and the German Federal Cartel Office, means that Audible is able to supply its downloadable audiobooks to third party platforms, that Apple can source audiobooks from alternative suppliers, and that publishers and content aggregators will be able to enter into distribution agreements directly with Apple. Click here.
- The ECJ has dismissed the European Commission's appeal against a General Court judgment that upheld appeals by Total and Elf Aquitaine against the imposition of interest on the fines imposed for their involvement in the acrylic glass cartel. Click here.
- The ECJ has dismissed an appeal by Toshiba against the European Commission's decision in relation to the cathode ray tubes cartel. Click here.
- The European Commission has approved the proposed acquisition of Alere by Abbott, both suppliers of clinical test systems. The decision is conditional on the divestment of Alere's Epoc and Triage tests, as well as Alere's BNP reagents business. Click here.
- The European Commission has approved the proposed acquisition of Morpho Detection, the threat detection equipment business of Safran of France, by Smiths of the UK. The clearance is conditional on the divestiture of Morpho Detection's explosive trace detection business. Click here.
- The CMA has accepted final undertakings in lieu of a reference from Co-op in relation to its purchase of a My Local store in Widnes, Cheshire. Click here.
- The CMA has decided not to investigate claims that BMW UK restricted its dealers' use of new car online comparison sites, after BMW UK decided to change its policy, in order to allow its dealers to work with carwow and similar internet-based new car portals. Click here.
Competition Appeal Tribunal
- The CAT has refused Flynn Pharma's request for interim relief in relation to the directions given by the CMA in its decision that Flynn and Pfizer had breached the Chapter II prohibition of the Competition Act 1998 and Article 102 of the TFEU by charging unfairly high prices for phenytoin sodium capsules. The directions relate to the future pricing of the capsules. Click here.
This article was written by Paul Stone. For more information, please contact Paul on +44 (0)20 7203 5110 or at email@example.com.
2020: Influencer, 2021: Creative Director – what could go wrong?
Coded messages for landlords and tenants
“What does the code of practice mean for landlords and tenants? Read more here”
Jason Saiban writes for Food Manufacture on the food industry's climate change challenge
The key challenge will be how the environmental targets are actually met.
Grab the tail by the horns - Why is tail spend so critical in today’s outsourced portfolio?
It’s usually invisible, but in all likelihood, you’ve got tail spend.
Mark Hill writes for In-House Community Magazine on solutions templating, a new priority for in-house legal teams
Removing the burden from legal teams, contract managers and administrators.
Olivia Crane quoted by SoGlos on the increasing issue of cyber fraud being faced by businesses in Gloucestershire
Cyber fraud has cost Gloucestershire businesses around £369,800 in the last 13 months.
Tattoos, athletes and image rights
Campaigns featuring athletes often include visible tattoos and a number of recent legal cases demonstrate the issues that may arise.
Food Sector steps up on climate goals
Blue Sky Linking
Daniel looks at Sky's recent success in obtaining interim protection from infringement of their broadcast rights
Don’t Gamble on Bingo Ads, Warns ASA
The ASA has issued a reminder to advertisers that bingo adverts will be treated as gambling ads for the purpose of standards regulation.
Recording Phone Calls: Don’t take Consent for Granted
What if an interviewee who is being called and interviewed “live” does not actually know he/she is on live television?
Continuing Progress in the Sphere of Inclusive and Non-Discriminatory Advertising
The latest developments from the ASA, CAP and BCAP relating to the advertising regulators’ attempts to tackle discrimination in advertising.
eCommerce and the Post-Brexit State of Play
Key UK and EU legislation governing how online platforms deal with consumers and their business users.
UK and EU launch two-pronged attack into whether Facebook is abusing a dominant market position
The CMA and the European Commission have said that they intend to work together closely as their respective investigations develop.
Jason Saiban and Caroline Swain among contributors to the ICLG Guide on Digital Business Laws and Regulations in the UK
An overview of the laws and regulations for digital businesses operating in the UK.
Draft Online Safety Bill: Regulating the online world
On 12 May 2021, the UK government published the draft Online Safety Bill...
Counterfeit goods – online platforms and luxury brands take a new collaborative approach
Online retail has been increasing for the best part of a decade due to a shift in consumer behaviour.
Charles Russell Speechlys proud to sponsor the ‘Outstanding Achievement’ award at the final Sunday Times Virgin Fast Track 100 awards
The awards celebrated the successes of Britain’s 100 private companies with the fastest-growing sales.
New foreign ownership rules take effect on 1 June 2021
Trade Marks - what is bad faith?
In any legal dispute, the term ‘bad faith’ is often banded about.