Clarity: Over the Hills and (F)Far Away? The FIFA Football Agents Regulations and their interplay with competition law

Following the publication of this article, on 30 December 2023 FIFA temporarily suspended the implementation of parts of the FFAR globally until the CJEU renders its judgment following the preliminary reference from the Regional Court of Mainz. It has stated this is to avoid creating “unequal legal standards within the international transfer system” (see FIFA … Read more

CAT refuses warrant for CMA to search domestic premises

On 7 December 2023 the Competition Appeal Tribunal (CAT) published its judgment of 12 October 2023 in which it refused to grant a warrant for the CMA to enter and search the domestic premises of an individual for the purposes of an investigation under the Competition Act 1998. The judgment sets a higher threshold for … Read more

CMA issues guidance permitting drugs companies to work together on Combination Therapies

On 17 November 2023, the CMA issued a Prioritisation Statement (the Statement) indicating that it would not prioritise investigations under Chapter I of the Competition Act 1998 (the CA 98) of exchanges of competitively sensitive information (CSI) and/or agreements between medicine manufacturers which have the aim of making a combination therapy (a Combination Therapy) available … Read more

Non-compete clauses in cooperation agreements – caution required

Non-compete clauses that require a party to an agreement (or both parties in case of a reciprocal non-compete obligation) not to enter a market where it is currently not present are most common in M&A contracts for the sale of a business, where the seller undertakes not to compete with the sold business for a … Read more

Another chapter in the “pay for delay” saga: General Court rules on the Teva-Cephalon settlement agreement

On 18 October 2023, the European General Court (GC) delivered its judgment in Teva Pharmaceuticals Industries and Cephalon v European Commission (Case T-74/21). The GC upheld the European Commission’s (EC) decision from 2020 (Case AT.39686), which imposed a combined fine of €60.5 million on Teva and Cephalon for their involvement in a “pay-for-delay” agreement dating … Read more

CMA publishes Green Agreements Guidance

On 12 October 2023 the CMA published the final version of its Green Agreements Guidance (Guidance) aimed at assisting businesses with their assessment of the application of the UK competition rules to environmental sustainability agreements entered into between competitors.  The aim of the guidance is to ensure that businesses are not unnecessarily deterred from cooperating, … Read more

Dawn Raid Ready – new HSF dawn raid assistance tool

We are pleased to announce our new app, Dawn Raid Ready, now available in Apple App Store and Google Play.  This quick reference tool will guide users through the essential information required in the event of a competition dawn raid. The app is designed to be user friendly and intuitive for easy use during what … Read more

Overview of the EU Commission’s Guidance on Information Exchange

In June 2023 the European Commission adopted its revised guidelines on horizontal cooperation agreements (Guidelines) together with its revised horizontal block exemption Regulations on R&D and Specialisation Agreements.  For an overview of the revised Guidelines, which came into force on 21 July 2023 when they were published in the EU’s Official Journal, see our blog … Read more