Welcome to the latest edition of our newsletter which explores recent competition law developments across the UK and EU.
In this edition we delve into the dynamic intersection of competition regulation and the digital economy, highlighting key developments from recent cases, including the EU General Court's first ruling under the Digital Markets Act (DMA) and the European Commission's investigations into Apple's "anti-steering" practices. We also look at developments in two other distinct sectors that have recently undergone – or are increasingly experiencing – intense competition law scrutiny, namely pharmaceuticals and professional sport.
Finally, amid numerous global elections, we assess the likelihood of the newly-elected Labour government seeking to reform the UK's competition policy, in particular in light of the changes recently introduced by the Digital Markets, Competition and Consumers Act.
First DMA Ruling: EU Court Upholds ByteDance's Gatekeeper Designation
On 17 July 2024, the EU General Court delivered the first
substantive EU ruling concerning the application of the Digital
Markets Act. The ruling – which confirms the designation of
ByteDance as a gatekeeper in respect of its popular social media
platform TikTok – endorses the European Commission's
approach to the application of the "gatekeeper"
criteria.
Read the article
Anti-steering: Apple faces the music
In March Apple was fined €1.84bn for abusing its dominant
position by preventing music streaming app developers from
informing users about alternative subscription options outside its
ecosystem. Whilst Apple continues to contest the validity of that
fine and underlying decision, it now also faces similar enforcement
proceedings under the DMA.
Read the article
Parity clauses under the microscope again in Booking.com litigation: Some reflections on the current state of EU and UK law on price parity clauses
On 6 June 2024, Advocate-General Collins handed down his Opinion
in relation to a request from a Dutch court for a preliminary
ruling on two questions relating to the analysis of price parity
clauses under EU competition law. His answers to those questions
highlight the importance of the underlying evidence to any
assessment of the lawfulness of such clauses.
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CAT dismisses CMA Decision based on material errors in its assessment of evidence
The Competition Appeal Tribunal overturned the CMA's 2022
decision against four companies for an alleged unlawful
"market exclusion agreement" involving the anti-nausea
drug prochlorperazine, finding "material errors" in the
CMA's assessment of the evidence.
Read the article
Foul play? Clubs, players and commercial interests take aim at sports authorities
As summer brings sporting competitions to the forefront, we
examine two recent cases challenging UEFA and FIFA's commercial
decisions under EU economic law, and consider their broader
implications for sports governance and policy across the UK and
Europe.
Read the article
The likely approach to competition policy under the new Labour government
UK voters elected a new parliament on 4 July, resulting in the first handover of power in over 14 years. With Labour having secured a historic landslide victory – and, arguably, a clear mandate for change – we consider what the new government might mean for competition policy in the UK.
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