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On 28 February the CMA published its long-awaited draft guidance on sustainability agreements, setting out the circumstances under which collaboration between competitors aimed at protecting or enhancing sustainability may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
The opening months of 2023 have seen competition authorities across EMEA continue the trend of cracking down on cartel conduct, with dawn raids carried out by competition authorities across Europe. Read more
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
We were delighted to co-host a seminar with Oxera Consulting LLP at our Brussels office on the EU’s new Foreign Subsidies Regulation (“FSR”), which will become applicable later this year. The event took place over the course of an afternoon with a distinguished line-up of expert speakers and panellists, comprising senior officials from the European … Read more
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
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 this update, our competition law experts consider a number of recent competition law developments in the pharma sector in the EU, France, Germany, Spain, the UK and China. This is a selective list of developments that may have practical implications on the way pharma companies carry out their business. Please feel free to get … 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
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