Commission publishes consultation on VBER policy options

    On 18 December 2020 the Commission published a further consultation on its proposals for a revised vertical agreements block exemption Regulation (VBER) and guidelines.  The Commission’s steps to date, and conclusions of its evaluation phase, are set out in our HSF Notes post from 17 September 2020. In essence the evaluation concluded that the current rules … Read more

    THE CJEU CLARIFIES THE COMMISSION’S OBLIGATIONS IN ARTICLE 9 COMMITMENT DECISIONS IN THE GROUPE CANAL+ CASE

    On 9 December 2020, the Court of Justice of the EU (“CJEU”) annulled a European Commission decision accepting legally binding commitments offered by Paramount aimed at addressing a Commission investigation into cross-border pay-TV in the EU (the “Paramount Commitment Decision”). The CJEU also set aside a General Court judgment that had rejected an action for … Read more

    UK Government publishes long-awaited Green Paper on transforming public procurement

    The UK Government has published a Green Paper proposing fundamental reforms of the public procurement rules governing the purchase of goods, works and services by the public sector and certain utilities.  Those rules are currently set out in a series of UK regulations that are based very closely on EU directives.  Following Brexit, the Government … Read more

    Supreme Court ruling in Merricks: some important clarifications but a number of unresolved issues

    On 11 December 2020 the Supreme Court handed down a very significant judgment relating to the certification of a £14bn opt-out competition collective action brought by Walter Merricks against Mastercard, in respect of losses alleged to have resulted from the use of anti-competitive multilateral interchange fees. The Supreme Court largely confirmed the less restrictive approach … Read more

    Supreme Court remits £14bn class action against Mastercard back to Competition Appeal Tribunal for reconsideration of certification

    Earlier today the Supreme Court handed down its hotly-anticipated judgment regarding the certification of an opt-out competition collective action brought by Walter Merricks against Mastercard. The claim is seeking £14bn in damages on behalf of some 46.2 million UK consumers, in respect of losses alleged to have resulted from the use of anti-competitive multilateral interchanges … Read more