CAT wrongly refused warrant for CMA to raid domestic premises

    On 22 April 2024 the High Court published its ruling in the CMA’s appeal against the CAT’s refusal to grant a dawn raid warrant to search domestic premises. It held that the CAT had erred in its reasoning in relation to warrants to search domestic premises, by setting a higher threshold for justifying a warrant … Read more

    The Problem of Critical Mineral Supply Chains

    The Commission starts to implement the Critical Raw Materials Act and pursues its International Initiatives The European Commission’s proposal for a Critical Raw Materials Act (“CRMA”) and its accompanying impact assessment highlighted the dangerous overreliance of the EU on insecure sources of supply for a number of critical raw materials – demand for which was … Read more

    CMA issues open letter to fashion retailers regarding greenwashing and accepts formal undertakings from ASOS, Boohoo and Asda

    On 27 March 2024 the UK Competition and Markets Authority (CMA) published an “open letter” to all businesses in the fashion retail sector highlighting the need to consider obligations under consumer protection law when making environmental claims. The letter draws attention to the CMA’s “Green Claims Code” guidance (published in September 2021, see our previous … Read more

    Digital Markets Act – Overview

    The Digital Markets Act (DMA) is a ground-breaking piece of EU regulation, imposing rules on platforms acting as “gatekeepers” in the digital sector, and aiming to ensure fairness and contestability in digital markets. The main obligations and prohibitions in the DMA apply from 7 March 2024 to the designated gatekeepers, and therefore we take this … Read more

    South African and African Competition Law Update

    South African Competition Law Developments 1. Competition Commission Issues Draft Public Interest Guidelines for Merger Control 2. Competition Appeal Court Dismisses Alleged Forex Cartel Case against Most Respondents 3. Competition Tribunal Prohibits Proposed Merger between Akzo Nobel and Kansai Plascon 4. Sekunjalo Group Denied Leave to Appeal to the Constitutional Court 5. Competition Commission Recommends … Read more

    EU Commission publishes Policy Brief on the first 100 days of its new FSR regime

    The Commission has published a Policy Brief on the first 100 days since the start of the obligation to notify qualifying concentrations under the new Foreign Subsidies Regulation (FSR) regime.  The Policy Brief covers the period from 12 October 2023, when notifications became mandatory, to 20 January 2024. It provides statistics on the numbers and … Read more

    Five Years of Activity in a Priority Sector: The European Commission’s Report on Competition Enforcement in the Pharmaceutical Sector (2018-2022)

    The European Commission (“Commission“) has published a comprehensive report showcasing the strengthening of antitrust and merger control enforcement in the pharmaceutical sector in the EU over the last five years (2018-2022). The report, produced by the Commission in cooperation with the 27 national competition authorities (“NCAs“), builds on the previous report covering the period 2009-2017, … Read more