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

    Prohibiting Trade in Forced Labour Goods in the EU

    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

    Preparing for CBAM

    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

    Class Actions in England and Wales podcast series: Episode 2 – Competition claims

    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

    Düsseldorf Court clarifies transaction value threshold in Meta/Kustomer deal

    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

    EU Foreign Subsidies Regulation Adopted – Draft Implementing Regulation to be Published Beginning of 2023

    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