CMA publishes its draft environmental sustainability guidance

On 28 February the CMA published its long-awaited draft guidance on sustainability agreements, setting out the circumstances under which collaboration between competitors aimed at protecting or enhancing sustainability may be compatible with competition law. The aim of the guidance is to ensure that businesses are not unnecessarily deterred from cooperating, in a competition compliant manner, … Read more

Court of Justice expands scope of EU legal professional privilege

In a recent preliminary reference ruling (Orde van Vlaamse Balies) the Court of Justice of the EU (CJEU) clarified that EU legal professional privilege applies to legal advice in general, such as regulatory or commercial advice, as opposed to only advice that is prepared in the context of the client’s rights of defence in legal … Read more

The National Security and Investment Act one year on: Public M&A podcast

In the latest episode in the HSF UK public M&A podcast series, Veronica Roberts and Gavin Davies discuss the impact of the National Security and Investment Act (NSIA) on takeovers, looking back over the first 12 months of operation of the new investment screening regime. In particular, they consider: the decisions we have seen under … Read more

A curb on extraterritoriality? The CAT finds in favour of BMW’s and VW’s challenges against the extraterritorial application of the CMA’s investigatory powers

On 8 February 2023, the UK’s Competition Appeal Tribunal (CAT) issued a joint judgment in two cases: BMW AG v CMA and R (on the application of VW AG) v CMA, relating to the territorial scope of the CMA’s information gathering powers under Section 26 of the Competition Act 1998 (CA98). The CAT found that … Read more


In July 2015, the CMA published its response to a super-complaint from the consumer association Which? regarding alleged misleading pricing practices in the groceries sector. It concluded, amongst other findings, that complexities and inconsistencies with unit pricing may have adversely affected consumers’ ability to make meaningful choices between products. The CMA found examples of particular … Read more

Africa Competition Law Update

SOUTH AFRICAN COMPETITION LAW DEVELOPMENTS Constitutional Court seeks to clarify jurisdictional boundaries of competition authorities in group five judgment Competition Appeal Court elaborates on third party rights of participation in large merger proceedings Competition Appeal Court engages with appropriate approach to characterisation of cartel conduct in Competition Commission v Irvin & Johnson and another Competition … Read more