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Navigating Public Transport Ticketing Schemes: Insights from the CMA Review
The Competition and Markets Authority (CMA) has played a pivotal role in addressing issues through its reviews, including the Public Transport Ticketing Schemes Block Exemption (PTTSBE).
Public transport is an essential component of daily life in the United Kingdom, facilitating millions of journeys each day and contributing to economic productivity, social mobility, and environmental sustainability. However, the collaborative nature of ticketing arrangements among operators could sometimes intersect with competition laws, potentially raising concerns about anticompetitive practices. Such frameworks could allow operators to collaborate on multi-operator ticketing without breaching antitrust regulations, provided certain conditions are met.
In this article, we delve deeper into the background, the meticulous review process, and the far-reaching implications of the CMA’s findings.
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
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.
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
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.