CAT wrongly refused warrant for CMA to raid domestic premises

On 22 April 2024 the High Court published its ruling in the CMA’s appeal against the CAT’s refusal to grant a dawn raid warrant to search domestic premises. It held that the CAT had erred in its reasoning in relation to warrants to search domestic premises, by setting a higher threshold for justifying a warrant … Read more

CMA issues open letter to fashion retailers regarding greenwashing and accepts formal undertakings from ASOS, Boohoo and Asda

On 27 March 2024 the UK Competition and Markets Authority (CMA) published an “open letter” to all businesses in the fashion retail sector highlighting the need to consider obligations under consumer protection law when making environmental claims. The letter draws attention to the CMA’s “Green Claims Code” guidance (published in September 2021, see our previous … Read more

Court of Appeal clarifies broad right of appeal in competition collective proceedings and rejects general prohibition on communications between defendants and class members

In December the Court of Appeal issued its third key appeal judgment of 2023 on the developing competition class action regime. The judgment related to a challenge to a case management ruling of the Competition Appeal Tribunal (“CAT”) in the context of follow-on collective proceedings seeking damages from major shipping companies on behalf of purchasers … Read more

UK investment screening: supporting a more pro-investment approach

Since entering into force just over two years ago, the UK National Security and Investment (NSI) regime has resulted in a marked step-change in screening of transactions on national security grounds in the UK, for both foreign and UK investors. In response to criticism that the regime places a disproportionate burden on investors and lacks … Read more

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