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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
In September 2021, the CMA released the Green Claims Code, which contains guidance aimed at helping businesses understand and comply with their existing consumer protection obligations when making environmental claims. For further information on the Green Claims Code, please see our previous blog post here. As part of its ongoing work in this area, in … Read more
Background On 14 September 2022, the European Commission issued a proposal for a Regulation of the European Parliament and of the Council “on prohibiting products made with forced labour on the Union market” (“Forced Labour Regulation“). The proposal will follow the ordinary legislative procedure in which the European Parliament and the Council of the EU … Read more
Introduction As the climate crisis intensifies and the severity of measures to reduce emissions in the EU increases, the problem of “carbon leakage” whereby the carbon intensive aspects of production move out of the EU has been subject to ever more urgent calls to “level the playing field”. As a result, the EU is introducing … Read more
The post below was first published on our Litigation blog. In this podcast, Kim Dietzel, Stephen Wisking and Maura McIntosh discuss competition class actions under the Collective Proceedings Order regime in the Competition Appeal Tribunal (CAT), which allows claims to be brought on either an “opt-in” or “opt-out” basis. This is an area that has seen very significant growth over the … Read more
In a recently published judgment, the Higher General Court of Düsseldorf has objected to the interpretation of the transaction value threshold under the German merger control regime by the Federal Cartel Office (Judgment of 23 November 2022 – Kart 11/21 (V)). The judgment provides helpful guidance on the notification requirement under German merger control in … Read more
The EU has now formally adopted its new Foreign Subsidies Regulation (“FSR”), which will start to apply from mid-2023. The European Commission will shortly be publishing a draft Implementing Regulation, which will set out what must be included in notifications under the FSR and further procedural details. This should help companies focus the due diligence … Read more
Online retail, spurious climate claims, influencers and vertical agreements all on the agenda as UK and Europe moved to upgrade competition and consumer protection rules. Read our round-up of developments relevant to the consumer sector here. Read more