Welcome to the latest edition of our newsletter, which explores recent competition law developments across the UK and EU.
This edition covers a broad range of topics, spanning merger control, the UK and EU's digital markets regimes, a recent EC cartel infringement decision, competition damages litigation, and the CMA's new consumer enforcement powers.
As previously covered in this newsletter, the CMA has been signalling its intention to transform its processes in support of the UK Government's pro-growth agenda; most notably through adoption of its "4Ps" framework (Pace, Predictability, Proportionality and Process). The merger control regime has been a key area of focus, and in this edition we assess the early results, in the form of proposed changes to the CMA's jurisdictional and procedural guidance and recent shifts in merger outcomes.
On digital markets regulation, we cover the CMA's first provisional designation of a firm as having Strategic Market Status (SMS) under the Digital Markets, Competition and Consumers Act 2024, and shed light on aspects of the recently-published EC decisions fining Apple and Meta for non-compliance with the EU's Digital Markets Act.
We also review the latest consumer protection updates from the CMA following the introduction of its direct enforcement powers earlier this year, and identify the key takeaways for minority investors from the EC's Food delivery services infringement decision.
Finally, on competition damages litigation, we review the recent judgment from the Competition Appeal Tribunal (CAT) approving the Merricks v Mastercard settlement.
CMA follows through on "4Ps" promises with proposed amendments to mergers guidance
The CMA is consulting on proposed changes to its jurisdictional
and procedural guidance. This comes against the backdrop of the
CMA's "4Ps" framework, which has driven a number of
recent changes in its approach to merger enforcement.
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The year in UK mergers: long-term trends and highlights from 2024/25
In this article, we compare the merger outcomes data for 2024/25
to that from the first ten years of CMA merger enforcement, and
pick out some key trends and themes from the year's
decisions.
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Choice screens and data dreams: the CMA unveils roadmap in relation to Google Search
The CMA has provisionally designated Google as holding SMS in
General Search Services and indicated what is likely to be included
in an initial package of measures to mitigate Google's market
power. Its approach will be closely watched by industry observers,
for insights into how other SMS investigations may unfold.
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Brussels vs Big Tech: unpacking the first DMA non-compliance decisions
Following the publication of the first two non-compliance
decisions under the Digital Markets Act, we take a closer look at
the reasoning underlying those decisions, and consider what they
tell us about the Commission's approach to enforcement of the
regulation.
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The CMA's direct consumer enforcement powers: dynamic pricing, drip pricing and other updates
Whilst we continue to await the first formal deployment of its
new consumer enforcement powers, recent CMA updates hint at the
practices it is likely to prioritise for enforcement.
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Renewed interest from antitrust agencies in strategic minority investors, as European Commission fines Delivery Hero and Glovo
The European Commission's recent decision to fine Delivery
Hero and Glovo for cartel conduct has placed a renewed spotlight on
the antitrust risks that can arise from minority shareholdings in
competitors.
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Merricks v Mastercard settlement: A landmark judgment and its implications for funders
The CAT recently approved the largest settlement to date under
the UK's collective proceedings regime. The commentary in the
judgment contains important guidance for stakeholders in other
collective actions.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
