Expert legal advice from The Competition Lawyers

The Competition and Markets Authority opens two more investigations in the pharmaceutical sector

First published by Admin on December 29, 2017 in the following categories: Investigations and tagged with

Announced only days apart, the two Competition and Markets Authority (CMA) investigations will be looking into suspected anti-competitive agreements and conduct in the Pharmaceutical and Pharmaceutical Drugs sectors. The competition watchdog will be checking how companies conduct their business and looking into whether any of their practices are in breach of Chapters I and II of the Competition Act 1998, and Article 101 and 102 of related competition laws.

From October 2017 to April 2018, the CMA will begin its investigations and gather as much relevant information as possible. At this point, they will issue formal and informal requests for information, and if need be, the CMA will also attend state-of-play meetings with the investigated parties.
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Bid-rigging and cover-pricing in the construction industry – an infamous case

First published by Admin on December 22, 2017 in the following categories: Investigations and tagged with

construction companies anti-competitive behaviour

The Office of Fair Trading (the predecessor to the CMA) found that between 2000 and 2006 the construction industry was rife with anti-competitive behaviour with over 100 companies engaging in bid-rigging and cover-pricing in nearly 200 cases.

The original fine was £129.5 million, but on appeal, the companies were eventually fined £63.6 million.

The OFT that the construction companies involved had engaged in cover-pricing and compensation payments. The compensation payments were found to be between £2,500 and £60,000, as a way to say “thank you” for losing the tender. This was one of the biggest cases of cover-pricing that arguably set the bar in terms of putting a stop to such practices being engaged in the future.
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CMA to open investigations into online dating company

First published by Admin on December 15, 2017 in the following categories: Investigations and tagged with

cma to investigate online dating

The Competition and Markets Authority (CMA) announced on 31st October 2017 that it will be opening an investigation into an unnamed online dating operator over suspicions of breaching consumer protection laws.

The CMA believes that the suspected company may be engaging its customers into potentially unfair contract terms and conditions which may be distorting fair competition in the market.

In what is now a very popular market that’s growing and growing and making millions for the companies involved, competition should be key. So, if it’s being stifled, something needs to be done about it.
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The double-glazing spacer bar competition case (an example of blatant breaches!)

First published by Admin on December 08, 2017 in the following categories: Investigations

double glazing

Here’s a look back at a serious and blatant breach of competition rules for you. In 2006, the Office of Fair Trading fined four suppliers of aluminium double-glazing spacer bars for taking part in rather clearly defined anti-competitive agreements.

The four parties had entered into anti-competitive agreements that breached both UK and EU law by breaching the Competition Act 1998 and the Functioning of the European Union. The guilty companies were EWS (Manufacturing) Limited; Ulmke Metals Limited; Thermoseal Group Limited; and Doube Quick Supplying Limited.

It was a big case at the time, with big fines imposed.
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CMA opens investigations into car rental comparison sites for alleged hidden costs

First published by Admin on December 01, 2017 in the following categories: Investigations and tagged with |

car rental sites

The Competition and Market Authority (CMA) has announced they’re opening enforcement cases against two car rental price comparison sites on suspicion that some of their practices may be anti-competitive. The decision follows the recent investigations the CMA has been working on with regards to hidden charges made by five major car rental companies.

Car rental price comparison websites can be very useful for customers to find the cheapest offer for hiring a car according to their specifications. However, this of course only works if the price comparison tool is fair and fully accurate.
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A look back at the 2014 supply of medicines to care homes case

First published by Author on November 24, 2017 in the following categories: Latest

cma investigate elderly care homes

The Competition and Markets Authority (CMA) are currently embroiled in a lot of investigations over the pricing of medicines, and it’s been something of a hot topic for quite some time. In 2014, two pharmaceutical companies were fined for breaching competition laws by entering into a cartel to reduce the competition of supplying medicines to care homes.

Lloyds’ Pharmacy and Tomms Pharmacy were the two companies involved in the cartel between May and November 2011, and they were justifiably investigated and fined as a result of their activities.
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Model agencies fined £1.5 million by CMA for breaking competition laws

First published by Admin on November 17, 2017 in the following categories: Investigations and tagged with |

cma fines top model agencies

CMA has released an open letter to the creative industry after certain model agencies were fined £1.5 million for anti-competitive practices

The Competition and Markets Authority (CMA) have concluded their investigations into multiple top-modelling agencies for breaching anti-competition laws.

After issuing fines totalling more than £1.5 million for the five agencies and its trade association, the CMA has produced a report of its decisions and a warning via an open letter to those in the creative sector who participate in illegal price-collusion schemes.

The CMA also intends to continue its crackdown on cartels in U.K. businesses.
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CMA market study of digital marketing tools unearths possible anti-competitive behaviour

First published by Admin on November 10, 2017 in the following categories: Investigations and tagged with

booking sites

Digital comparison tools (DCT) can be very useful and convenient for consumers who want to easily compare the costs of things like insurance, credit cards and travel services, to name a few. For the most part, these services can theoretically increase competition as consumers can directly compare prices for the exact same product.

Whilst these sites are often free for the consumer to use, the companies listed on them usually have to pay for the privilege of their placement. With so many comparison sites out there, some companies may only choose to appear on a specific few sites, or perhaps none at all. On the other hand, some companies might pay more to bump up their ratings or directly put in a sponsored advert.

All of this means that the comparisons are not always clear and can be warped by listed companies’ input, and it is this issue the CMA is looking in to.
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Unfair funfairs update: U.K.’s largest fair association, the Showmen’s Guild, propose rule changes to comply with competition law

First published by Admin on November 03, 2017 in the following categories: Latest and tagged with

cma funfair investigation

The U.K.’s Competition and Markets Authority (CMA) introduced some rules for the Showmen’s Guild to help tackle prohibited activities and improve competition for travelling fairs.

The Guild is the largest existing association of fairs, consisting of 90% of all funfairs and representing over 5,000 showmen members in the U.K.

However, the Guild enforces rules that can arguably make it difficult for non-guild members to set up their own fairs to compete with Guild members; so much so that it can impede national and EU competition laws.
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CMA produces financial analysis working paper in the ongoing investigations into the care home sector

First published by Admin on October 27, 2017 in the following categories: Investigations and tagged with

cma investigate elderly care homes

There are reportedly over 21,000 care homes in the U.K., and most of these are operated privately with over half of all residents receiving funding from local authorities or through the NHS.

Worth around £15.9 billion a year, there is an incredible amount of money going into providing care for the elderly and infirm residents, so it’s certainly an industry to keep an eye on.

The CMA (Competition and Markets Authority) was made aware that certain practises may appear to result in the restriction of competition which is having an adverse effect on the quality of care and value for money in the care home industry. The CMA therefore launched a market study on 2nd December 2016 to analyse the trends in investments, costs and if there is enough money being generated.
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