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. It will enter into force on 1 November 2022, setting the clock running for gatekeepers to comply. In summary, it introduces ex … Read more

CAT ruling in FX litigation: class action should be opt-in, not opt-out

The UK Competition Appeal Tribunal (“CAT“) has ruled for the first time that collective proceedings can only proceed on an opt-in basis, rather than the opt-out basis sought by the class applicants. The ruling came in the O’Higgins/Evans1 case, concerning two competing applications for a Collective Proceedings Order (“CPO“) in respect of claims for alleged loss … Read more

EU legislators reach agreement on Digital Markets Act

The EU Parliament and Council reached political agreement on the Digital Markets Act (DMA) late on Thursday night (24 March). The Commission has been quick to welcome the agreement, stating that the DMA “will bring fairer conditions to consumers and businesses for many digital services across the EU” (see Commission Press release). Although the DMA … Read more

Hong Kong Competition Law Enforcement Updates: A Tiger Ready to Pounce

The Hong Kong Competition Commission celebrated the sixth full year of the Competition Ordinance in December 2021, after an increase of enforcement activities and policy making efforts during 2021. 2022 has started with a flurry of activity. On 18 January 2022, the Commission conducted a joint dawn raid in the building maintenance sector with the … Read more

“Gathering Steam” – Competition Appeal Tribunal certifies CPO applications on behalf of large class of rail passengers

On 19 October 2021, in Justin Gutmann v First MTR South Western Trains Limited and another,1 the Competition Appeal Tribunal (“CAT“) approved two applications for a collective proceedings order (“CPO“) under the UK’s competition class action regime introduced in 2015. Gutmann, which concerns allegations that a large class of rail passengers who held Transport for … Read more

First competition CPO granted by the CAT in Merricks

On 18 August 2021 the Competition Appeal Tribunal (CAT) approved the first application for a collective proceedings order (CPO) under the UK’s competition class action regime introduced in 2015, in Walter Hugh Merricks CBE v Mastercard Incorporated and Others.  The application was initially turned down by the CAT in 2017 but was remitted to it … Read more

Port of Newcastle to remain unregulated, but time-frames to be reviewed

By Paul Burton In a decision that will be welcomed by many of Australia’s port operators, for the second time in less than two years, the Federal Treasurer has decided that the shipping channel service at the Port of Newcastle should not be regulated. The Treasurer’s decision on 16 February 2021 is in response to … Read more

Court of Appeal orders defendants to request their employees and ex-employees to produce personal devices for inspection to identify documents in defendants’ control

The post below was first published on our Litigation blog  The Court of Appeal has upheld a decision that, where personal devices belonging to the defendants’ employees and ex-employees potentially contained relevant documents within the defendants’ “control” for the purposes of disclosure, the court had jurisdiction to order the defendants to request the employees and ex-employees … Read more