Facebook £3bn legal action given go-ahead in London – BBC News
‘A judge has given the go-ahead to a mass legal action against Facebook owner Meta, potentially worth £3bn.’
BBC News, 15th February 2024
Source: www.bbc.co.uk
Category: competition
Fake reviews and hidden online charges to be banned under new rules – The Guardian
‘Fake reviews and unavoidable hidden online charges – which cost consumers £2.2bn a year – are to be banned under new laws to force businesses to be more clear with shoppers.’
The Guardian, 24th January 2024
Source: www.theguardian.com
Government offers hope of full PACCAR solution in the future – Legal Futures
‘The government has acknowledged concerns that its legislative proposal to address the Supreme Court’s PACCAR ruling does not go far enough – but further change is not imminent.’
Legal Futures, 15th December 2023
Source: www.legalfutures.co.uk
CAT “wrong” to identify ban on defendants contacting claimants directly – Legal Futures
‘The Competition Appeal Tribunal (CAT) was wrong to identify a rule that prevents defendants communicating directly with legally represented members of an opt-out class action, the Court of Appeal has ruled.’
Legal Futures, 11th December 2023
Source: www.legalfutures.co.uk
Tribunal approves first post-PACCAR litigation funding agreement – Legal Futures
‘The Competition Appeal Tribunal (CAT) has approved a litigation funding agreement (LFA) that was amended to take account of the Supreme Court ruling in PACCAR.’
Legal Futures, 24th November 2023
Source: www.legalfutures.co.uk
Competition watchdog seeks views on use of landbanks and how planning rules affect competition – Local Government Lawyer
‘The Competition and Markets Authority (CMA) has published two ‘working papers’ seeking feedback on its assessment of the use of landbanks, and how planning rules concerning zoning, consultations and local plan processes may be impacting competition and how new homes are delivered.’
Local Government Lawyer, 21st November 2023
Source: www.localgovernmentlawyer.co.uk
George Peretz KC: Clause 19 of the Digital Markets, Competition and Consumers Bill: Power without accountability – UK Constitutional Law Association
‘Clause 19 of the Digital Markets, Competition and Consumers Bill (“the DMCC Bill”) gives the Competition and Markets Authority (“CMA”) wide powers to impose conduct requirements on undertakings that the CMA has designated as having strategic market status (“SMS”) in respect of a digital activity (essentially, “big tech”). The condition for the exercise of the power is that the CMA considers it “appropriate” to do so having regard to broadly drawn statutory objectives – the “fair dealing” objective, the “open choices” objective (essentially, enabling consumers to choose freely and easily between providers) and the “trust and transparency” objective (essentially, having the information to make properly informed decisions). The types of conduct requirement that may be imposed are set out in clause 20: essentially, there is no statutory limit to the types of requirement that may be imposed save that (whatever they are) they must be for the purpose of securing various objectives or of preventing various widely defined types of conduct (for example “using data unfairly”). Breach of a conduct requirement may result, if the CMA so decides, in an enforcement order that requires action to remedy the breach or payment of damages.’
UK Constitutional Law Assoication, 15th November 2023
Source: ukconstitutionallaw.org
Sizing up the competition – The Upper Tribunal considers the public authority VAT exemption in Northumbria Healthcare NHS Foundation Trust v Revenue and Customs – Devereux Chambers
‘The Upper Tribunal has ruled that an NHS Trust did not provide car parking under a “special legal regime” such that its supplies would be zero-rated. The case is important because (i) it sets a limit on what can be considered a “special legal regime” for the purposes of Article 13 of the Principal VAT Directive and section 41A of the Value Added Tax Act 1994, and (ii) it confirms that detailed factual and expert evidence is not required for a Tribunal to find that treating a public authority as a non-taxable person would lead to significant distortions of competition.’
Devereux Chambers, 27th October 2023
Source: www.devereuxchambers.co.uk
‘Major milestone’: CAT to rule on collective action settlement – Law Society’s Gazette
‘A “pioneering” £1.5m settlement has been agreed in a car delivery charges opt-out claim which the Competition Appeal Tribunal will now need to approve – potentially a first for the tribunal in a collective action.’
Law Society’s Gazette, 12th October 2023
Source: www.lawgazette.co.uk
BBC and ITV among broadcasters investigated over possible competition law breaches – The Guardian
‘The competition watchdog has launched an investigation into a group of broadcasters, including the BBC and ITV, over their use of freelance staff and services.’
The Guardian, 12th October 2023
Source: www.theguardian.com
Microsoft’s $69bn deal to buy Call of Duty maker Activision Blizzard cleared by UK – The Guardian
‘The UK’s competition watchdog has cleared Microsoft’s $69bn (£54bn) deal to buy Activision Blizzard, the maker of games including Call of Duty and World of Warcraft, in a move that paves the way for both companies to complete the transaction.’
The Guardian, 13th October 2023
Source: www.theguardian.com
UK public cloud infrastructure services market investigation opened – OUT-LAW.com
‘An in-depth investigation has been opened by the Competition and Markets Authority (CMA) to determine whether competition is working well in the UK public cloud infrastructure services market. The investigation has been spurred by a referral made by another UK regulator.’
OUT-LAW.com, 10th October 2023
Source: www.pinsentmasons.com
Microsoft’s Activision Blizzard deal set to be cleared by UK regulator – The Guardian
‘Microsoft’s $69bn (£54bn) deal to buy Activision Blizzard, the maker of games including Call of Duty and World of Warcraft, looks set to be cleared after the UK competition regulator said a revised deal addresses its concerns.’
The Guardian, 22nd September 2023
Source: www.theguardian.com
Competition Appeal Tribunal gives first judgment under Subsidy Control Act 2022 – OUT-LAW.com
‘The Competition Appeal Tribunal (CAT) has handed down judgment on the first application for review of a subsidy decision under the Subsidy Control Act 2022, dismissing the application made by a local business against a Durham County Council decision on the basis that it did not involve the grant of a subsidy.’
OUT-LAW.com, 19th September 2023
Source: www.pinsentmasons.com
AI boom may not have positive outcome, warns UK competition watchdog – The Guardian
‘People should not assume a positive outcome from the artificial intelligence boom, the UK’s competition watchdog has warned, citing risks including a proliferation of false information, fraud and fake reviews as well as high prices for using the technology.’
The Guardian, 18th September 2023
Source: www.theguardian.com
Judges criticise Mastercard fees of 70% above guideline rates – Law Society’s Gazette
‘Judges in the Competition Appeal Tribunal have taken a scythe to costs claims where solicitors were charging as much as 70% above the guideline hourly rate in a high profile group action.’
Law Society's Gazette, 12th September 2023
Source: www.lawgazette.co.uk
Google faces multibillion-pound lawsuit from UK consumers – The Guardian
‘Google faces a new multibillion-pound lawsuit from UK consumers accusing the company of contributing to cost-of-living price rises.’
The Guardian, 7th September 2023
Source: www.theguardian.com
Beware of the CAT – Competition Bulletin
‘Has the CAT turned full circle in its approach to collective proceedings orders (CPOs)?’
Competition Bulletin, 2nd September 2023
Source: competitionbulletin.com
Where now for litigation funding? The likely impact of the Supreme Court’s decision in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28 – Gatehouse Chambers
‘The likely impact of the Supreme Court’s decision in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28.’
Gatehouse Chambers, 26th July 2023
Source: gatehouselaw.co.uk
Court of Appeal hands down judgment in the Trucks Collective Proceedings: Conflicts of Interest, Rival CPO Applications, and Jurisdiction to Appeal – Henderson Chambers
‘On 25 July 2023, the Court of Appeal handed down its judgment in UK Trucks Claim Limited v Stellantis NV (formerly Fiat Chrysler Automobiles NV) & Others [2023] EWCA Civ 875. The appeal raised important issues in the continued development of the collective proceedings regime, including as to how conflicts of interest within a class might be addressed, the willingness of the Court of Appeal to interfere with the Competition Appeal Tribunal’s (“CAT”) assessment of two rival applications for a collective proceedings order (“CPO”), and the scope of the statutory jurisdiction to appeal. The judgment is accessible here.’
Henderson Chambers, 28th July 2023
Source: www.hendersonchambers.co.uk
