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

Court of Justice expands scope of EU legal professional privilege

In a recent preliminary reference ruling (Orde van Vlaamse Balies) the Court of Justice of the EU (CJEU) clarified that EU legal professional privilege applies to legal advice in general, such as regulatory or commercial advice, as opposed to only advice that is prepared in the context of the client’s rights of defence in legal … Read more

A curb on extraterritoriality? The CAT finds in favour of BMW’s and VW’s challenges against the extraterritorial application of the CMA’s investigatory powers

On 8 February 2023, the UK’s Competition Appeal Tribunal (CAT) issued a joint judgment in two cases: BMW AG v CMA and R (on the application of VW AG) v CMA, relating to the territorial scope of the CMA’s information gathering powers under Section 26 of the Competition Act 1998 (CA98). The CAT found that … Read more

CRTea Podcast Series – Episode 3: EU and UK merger control – the evolving landscape and shifting sands

In our latest episode focusing on merger control in the EU and UK, Marcel Nuys (Partner, Dusseldorf), Francesca Morra (Partner, Milan), Peter Rowland (Of Counsel, Brussels) and Natalia Rodriguez (Of Counsel, London) explore key developments of interest to businesses engaged in M&A activity. They discuss updates to the European Commission’s substantive and procedural guidance in … Read more

Handle with care: Sensitive personal data in antitrust investigations

“Documents which are not linked to Facebook Ireland Ltd’s business activities and which contain sensitive personal data shall be placed in a virtual data room which shall be accessible to as limited a number as possible of members of the team responsible for the investigation”. On 29 October 2020, in two identical orders, 1  the … Read more