SJ Berwin´s Community Week

The European Commission's broad information-gathering powers under EU competition law have been reinforced by the General Court's dismissal of Broadcom's challenge to document production requests. The case raises critical questions about the extent to which the Commission can compel production of documents held overseas that are subject to legal professional privilege in other jurisdictions, particularly communications with non-EU qualified external counsel.

Manchester City successfully challenged Premier League rules on Associated Party Transactions, winning key competition law arguments. Potential rule changes and future legal actions now loom, highlighting sports arbitration's growing significance.

The UK's Competition and Markets Authority has published revised guidance on assessing merger efficiencies, marking a significant shift toward greater receptivity to efficiency-based arguments in merger reviews. The new provisions introduce more flexible evidentiary standards, recognize the potential role of behavioral remedies in securing efficiencies, and encourage parties to advance efficiency claims earlier in the review process without implying acceptance of competitive concerns.

The European General Court has upheld the Commission's prohibition of Booking's acquisition of eTraveli Group, endorsing a novel 'ecosystem' theory of harm that allows intervention even where market share increases are minimal. This landmark ruling significantly expands the Commission's ability to challenge acquisitions by dominant firms in digital markets, establishing that transactions which merely perpetuate existing low levels of competition can constitute significant impediments to effective

Having a competitive edge is, according to any good marketer, vital for business success. Not only does it help to set you apart from the competition, it will allow you to attract customers or clients, and drive...

The UK Competition and Markets Authority has formalised its new approach to assessing efficiency arguments in merger control cases, marking a significant shift toward a more holistic evaluation framework. This updated guidance, which emerged from the CMA's 4Ps initiative, introduces the concept of Rivalry-Enhancing Efficiencies and establishes clearer pathways for merging parties to demonstrate competitive benefits.

In our Law Now article of 21 December 2010, we advised that the Court of Appeal had unanimously ruled that a corporate undertaking, upon which the OFT had imposed a penalty for breaches of competition law, could not sue its former directors, officers or employees for damages equivalent to that penalty or the costs of the OFT investigation that the claimant had had to bear.

Competition law affects every business, regardless of size or sector. Whether you’re negotiating with suppliers, submitting tenders or discussing pricing strategies, the rules governing anti-competitive behaviour are always in play. Getting it wrong can result in significant fines, director disqualification and even criminal prosecution.

The CMA is the UK's primary competition authority with responsibility for investigations into mergers and markets and the enforcement of competition and consumer law.

Details of appeals by The Goldman Sachs Group and six other companies fined by the European Commission for their cartel participation have been published.