CMA alleges price fixing in relation to replica football kits

On 7 June 2022, the CMA issued a statement of objections (SO) concerning alleged horizontal and vertical price fixing in relation to certain Rangers FC-branded clothing products by Elite Sports, JD Sports and Rangers FC between September 2018 and July 2019. In this period, Elite both manufactured the Rangers-branded clothing and retailed it through its … Read more

Future of Consumer APAC: Anti-trust traps for sales and distribution models

Adelaide Luke (Partner, Hong Kong) and Patrick Gay (Partner, Sydney) discuss common anti-trust pitfalls that arise in distribution systems, including Retail Price Maintenance and exclusivity. They compare and contrast the rules of Australia with some key Asian jurisdictions, highlighting differences that companies need to understand when designing a regional distribution network. They close with a … Read more

Wide ranging reforms to UK competition and consumer protection regimes unveiled

On 20 April 2022 the UK government published its response to the consultation launched in July 2021, proposing a wide range of far-reaching changes to the UK competition and consumer protection regimes (see our blog post on the consultation here). Taking into account the feedback received from stakeholders on the various proposals, the government has … Read more

The European Commission publishes final report on consumer Internet of Things sector inquiry

On 20 January 2022 the European Commission (“Commission“) published its final report on the consumer Internet of Things (“IoT“) sector inquiry, largely confirming its preliminary findings issued in July 2021. These include concerns around high market entry barriers, the influence on the market of a small number of vertically integrated players, and issues around access … Read more

CMA publishes draft guidance on misleading green claims

Supporting the transition to a low carbon economy is one of the CMA’s goals in its 2021–2022 Annual Plan, which includes a commitment to improving its understanding of ‘green’ claims made by sellers to consumers and, where appropriate, making use of its powers to correct false or misleading statements that affect consumers. Read more

CMA’s continued focus on resale price maintenance

On 29 June 2020 the CMA imposed total fines of £5.8 million for resale price maintenance (RPM) in the musical instruments and equipment sector, in three separate cases.  This follows the fines imposed in August last year on Casio (£3.7 million) and in January this year on Fender (£4.5 million) for similar conduct and brings … Read more

The impact of COVID-19 on competition law in the consumer sector (UK, Australia and Asia)

The Covid-19 health crisis raises substantial challenges for businesses and consumers and has had a significant impact on competition law affecting the consumer sector. While the particular implications will vary by jurisdiction, some common trends may be identified. One broader development is that competition authorities have recognised that certain forms of temporary cooperation between businesses, … Read more

UK Government adopts Competition Act Exclusion Order for the dairy sector

A new Competition Act Exclusion Order, the Competition Act 1998 (Dairy Produce) (Coronavirus) (Public Policy Exclusion ) Order 2020 (the Dairy Exclusion Order) came into force on 1 May 2020.  Under the Competition Act 1998 (Schedule 3 paragraph 7) the Government can exempt certain specified agreements from the Chapter I prohibition if there are exceptional … Read more