Category: Selling Restrictions

Social media endorsements – CMA investigations

For several years, the CMA has been investigating social media endorsements to make sure that vital competition and consumer laws in the UK and not being broken.

Given the prevalence of social media, particularly in respect of it being used for marketing and advertising these days, it is vital that people know when they are seeing advertisements and products and services being pushed for recompense by influences. There have been many questions as to whether it has been clear enough that people know they are being advertised to as opposed to simply being recommended a product, which is the real focus of the CMA investigation.

Most favoured nation clause example: ComparetheMarket fined £17.8m

Last year, the Competition and Markets Authority (CMA) published the details of its full decision having fined ComparetheMarket £17.8m for reportedly breaching competition law. The investigation that had been concluded by the UK’s competition regulator led to the finding that the famous price comparison website was said to have broken the law by including a most favoured nation clause in some of the contracts it had with home insurance providers.

Over the course of December 2015-December 2017, ComparetheMarket is said to have used the clause to retain its domination of the comparison website market. The knock-on effect may have been the prevention of healthy growth of its competitors and possibly restricting customers from finding better deals on their home insurance.

Designed to empower consumers to find bargains in a crowded and confusing market, price comparison websites should be on the side of their users. This is why it was concerning that ComparetheMarket had been restricting competition seemingly for their own gain. The enforcement action taken by the CMA hopefully helped to restore competitiveness in the digital price comparison market, and is a real example of where the most favoured nation clause can lead to problems for competition law.

CMA finds anti-competitive practices in Digital pianos, digital keyboards and guitars sector

On 17 April 2018, the Competition Markets Authority (CMA) began a formal investigation into suspected anti-competitive practices in the musical instrument industry.

The CMA reportedly had reasonable grounds to suspect Yamaha of a competition law infringement. Yamaha was thought to be involved in anti-competitive practices and/or concerted agreements with at least one UK seller.

Given the value of this growing market sector, this is an important investigation for the CMA to have undertaken.

Booking hotels online: CMA continues to monitor practices and behaviour

The Competition and Markets Authority (CMA) continues to monitor pricing practices and behaviours for booking hotels online.

Since the completion of their investigations in 2015 into the sector, they have been actively engaged in monitoring developments. As an important sector to keep track of, their work – and that of their European competition counterparts – is clearly important.

Here is some information about the CMA’s latest publication of their work in this sector, and a brief background of the preceding events.

UK roofing materials sector: updates expected soon

The investigation by the Competition and Markets Authority (CMA) that’s looking into the UK roofing materials sector remains ongoing.

We understand that more news could be issued at the end of June in-line with the current timetable in place from the CMA. So far, we have seen extensive investigations carried out over the last few years, and a formal Statement of Objections issued last year.

With an alleged cartel in place that reportedly makes up for 90% of the lead rolling market in the UK, this is a significant investigation.

CMA issue substantial Fender competition breach fine

First published by Author on January 30, 2020 in the following categories: Price Fixing Price Hikes Pricing Selling Restrictions and tagged with cma | competition law | price fixing | pricing

The Competition and Markets Authority (CMA) has issued a substantial Fender competition breach fine in the sum of £4.5m.

The fine has been issued almost two years after an investigation into the prominent guitar maker was opened. In its ruling, the CMA has confirmed that Fender has admitted to breaking competition law by restricting prices for UK retailers. The fine that has been issued is therefore subject to the CMA’s leniency and cooperation protocols, which can see penalties reduced.

This is a key ruling given the size of this growing market and the fact that Fender is one of the major players in the sector.

Most favoured nation clauses in price comparison websites sector

As it has been a while since we looked at this one, here’s the latest in the investigation into alleged most favoured nation clauses in the price comparison website sector.

The investigation that’s being carried out by the Competition and Markets Authority (CMA) is over the alleged use of such clauses for price comparison websites in relation to insurance products. The term “most favoured nation” originates from international trade agreements, whereby more favourable trade terms have been used between countries who favour each other more. In terms of competition law, it’s about contractual provisions whereby a seller may provide their best terms specifically to a particular buyer.

Such behaviour can restrict and distort competition, which is why it’s important for the CMA to look into it.

Viagogo court case steps up

The ongoing Viagogo court case between the Competition and Markets Authority (CMA) and the secondary ticketing website is about to step up.

The CMA are reportedly moving ahead with contempt of court proceedings on the basis that they say Viagogo is still failing to adhere to a court order obtained earlier this year.

This is huge news, and it’s alarming to hear that the CMA considers that the ticketing resellers are still failing to comply with a court order. Following a market sector review, a number of firms changed their behaviours, but it appears that Viagogo isn’t fully complying.

Crackdown after social media influencer investigation

First published by Author on February 08, 2019 in the following categories: Incentives Investigations Latest Selling Restrictions and tagged with advertising | cma | competition law | incentives | investigations

A crackdown has been launched after a social media influencer investigation raised concerns that some product endorsements may be breaching vital competition law.

The Competition and Markets Authority (CMA) has reportedly written to a number of high-profile celebrities about their social media influencing habits. As a result of the warning letters, some social medial influencers have promised to clearly state if they’re being rewarded for endorsing products. Among those who have made the formal commitments are singers Rita Ora and Ellie Goulding.

We welcome this move and the cooperation of those involved so far.

Viagogo taken to court by the CMA!

First published by Author on December 07, 2018 in the following categories: Compensation Claims Investigations Selling Restrictions and tagged with cma | Compensation | competition law | secondary ticketing

Big news in the competition industry right now is the news of Viagogo taken to court by the CMA (Competition and Markets Authority).

Proceedings were launched by the CMA in August 2018. This came off the back of the longstanding reviews and investigations they’ve been conducting into the secondary ticketing market.

Following the recent court case, the CMA has obtained a court order which compels Viagogo to change their business behaviour. It also opens the door for potentially millions of ponds to be paid back in compensation to customers. On top of that, they will also have to pay a third-party auditor to monitor their practices.