‘Jonathan Branton and Alexander Rose consider the lessons which can be learned from the Competition Appeal Tribunal’s decision in the Durham Company Limited v Durham County Council.’
Local Government Lawyer, 11th August 2023
Source: www.localgovernmentlawyer.co.uk
‘On Wednesday [26 July], the Competition Appeal Tribunal handed down a judgment that is particularly significant for its analysis of the European Union (Withdrawal) Act 2018 (the “2018 Act”) and the scope of retained EU law.’
Blackstone Chambers, 28th July 2023
Source: www.blackstonechambers.com
‘On 25 July 2023, the Court of Appeal handed down its judgment in Evans v Barclays Bank Plc & Ors [2023] EWCA Civ 876, widely known as ‘the FX collective proceedings’. The judgment was handed down on the same day as the Court’s judgment in UK Trucks Claim Limited v Stellantis NV (formerly Fiat Chrysler Automobiles NV) & Others [2023] EWCA Civ 875. Both judgments provide welcome additional clarity on matters of certification, and the FX judgment in particular provides useful guidance on (i) the statutory jurisdiction to appeal under section 49(1A) of the Competition Act 1998, (ii) the assessment of whether proceedings should be brought on an opt-in or an opt-out basis, and (iii) and the determination of carriage disputes.’
Henderson Chambers, 28th July 2023
Source: www.hendersonchambers.co.uk
‘A landmark UK Supreme Court ruling on third-party litigation funding rules poses challenges for existing and future collective proceedings, according to two legal experts.’
OUT-LAW.com, 28th July 2023
Source: www.pinsentmasons.com
‘The Court of Appeal last week overturned a decision that £2.7bn collective proceedings over a foreign exchange spot-trading cartel should be on an opt-in, rather than opt-out, basis.’
Legal Futures, 31st July 2023
Source: www.legalfutures.co.uk
‘Litigation funders will have to redraft the terms of their agreements following a widely awaited ruling by the Supreme Court this morning. In PACCAR Inc & Ors v Competition Appeal Tribunal & Ors, four out of five justices ruled that such agreements fall within the statutory definition of damages-based agreements (DBAs). As they had been entered in to without satisfying conditions for DBAs, they were therefore unenforceable.’
Law Society's Gazette, 26th July 2023
Source: www.lawgazette.co.uk
‘Agreements with third-party litigation funders are damages-based agreements (DBAs), the Supreme Court said today in a ruling likely to invalidate almost all existing arrangements.’
Legal Futures, 26th July 2023
Source: www.legalfutures.co.uk
‘This appeal concerns a matter of statutory interpretation in the context of litigation funding. Litigation funding involves the agreement of a third party (with no prior connection to the litigation) to finance all or part of the legal costs of certain litigation, in return for a percentage of any damages recovered should the funded litigant be successful. In particular, this appeal concerns whether each of the agreements to provide this funding, known as litigation funding agreements (“LFAs”), constitute a “damages-based agreement” (“DBA”), a term given a specific definition by statute. In order to be lawful and enforceable a DBA has to satisfy certain conditions. The LFAs have been entered into without satisfying those conditions, so the question whether they constitute DBAs is critical for their enforceability.’
UKSC Blog, 26th July 2023
Source: ukscblog.com
‘Firms offering “quickie” divorces and will writing are to be investigated by the UK’s competition watchdog.’
BBC News, 18th July 2023
Source: www.bbc.co.uk
‘The proportion of consumers who shop around for lawyers has fallen for the first time in 12 years, but the use of unbundling is on the rise, according to new figures.’
Legal Futures, 11th July 2023
Source: www.legalfutures.co.uk
‘The Competition and Markets Authority (CMA) has secured agreements from Sainsbury’s and Asda to stop using unlawful anti-competitive land agreements that prevent competitors from establishing stores near to their own supermarkets.’
Local Government Lawyer, 14th June 2023
Source: www.localgovernmentlawyer.co.uk
‘The UK’s competition watchdog has provisionally ruled that Hitachi’s 1.7 billion euro (£1.36 billion) proposed purchase of Thales’s rail infrastructure could drive up prices and reduce service quality for passengers. The findings could lead to the merger being blocked.’
The Independent, 8th June 2023
Source: www.independent.co.uk
‘Large technology companies will face added regulatory and compliance issues in the UK once new legislation aimed at promoting competition in digital markets is enacted and implemented.’
OUT-LAW.com, 30th May 2023
Source: www.pinsentmasons.com
‘This briefing is part of a series that is taking a closer look at the government’s draft Digital Markets, Competition and Consumers Bill (“the Bill”) which was introduced into Parliament on 25 April 2023. This is an important and far-reaching Bill which will see wide ranging reforms to competition and consumer protection laws.’
Mills & Reeve, 30th May 2023
Source: www.mills-reeve.com
‘Microsoft has filed an appeal against the UK competition watchdog’s decision to block its $69bn (£56bn) acquisition of the Call of Duty creator Activision Blizzard.’
The Guardian, 24th May 2023
Source: www.theguardian.com
‘This briefing considers the consumer provisions of the Digital Markets, Competition and Consumers Bill [Bill 294, 2022-23]. Second reading of the Bill in the House of Commons is scheduled for 17 May 2023.’
House of Commons Library , 17th May 2023
Source: commonslibrary.parliament.uk
‘Following hot(ish) on the heels of the EU’s Digital Markets Act, the UK’s Digital Markets, Competition and Consumers Bill (“the Bill”) was published on 25 April 2023. It seeks to do three things: (1) to establish a new ex-ante regulatory regime for digital markets, conferring powers on the CMA, via its Digital Markets Unit, to impose conduct requirements and make “pro-competitive interventions” (“PCIs”) in relation to designated firms, and to impose hefty penalties for failure to comply; (2) to reform the existing competition law system, notably relating to merger controls, market inquiries and enforcement; and (3) to enhance consumer rights and enforcement. This post focusses on the first of these.’
Competition Bulletin, 17th May 2023
Source: competitionbulletin.com
‘This briefing is part of a series that will take a closer look at the government’s draft Digital Markets, Competition and Consumers Bill (the “Bill”) which was introduced into Parliament on 25 April 2023. This is an important and far-reaching Bill which will see wide ranging reforms to competition and consumer protection laws.’
Mills & Reeve, 10th May 2023
Source: www.mills-reeve.com
‘The CMA is opening an initial review of competition and consumer protection considerations in the development and use of AI foundation models.’
Competition and Markets Authority, 4th May 2023
Source: www.gov.uk
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