Expert legal advice from The Competition Lawyers

Hain Frozen Foods and Orchard House Foods Competition Merger Inquiry

First published by Author on September 06, 2016 in the following categories: Latest

The CMA (Competition and Markets Authority) is investigating the completed acquisition by Hain Frozen Foods UK Limited of Orchard House Foods Limited.

With any merger and acquisition activity, it’s important to ensure that competition in the market is not lessened through a reduction in the amount of competitors competing in the market. If you only have five or six competitors, and two of them merge, you’re now down to only three of four competing against each other.

Off the back of these business activities, the CMA will usually have a look in to whether there is any cause for concern.
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Energy price comparison websites being investigated for anti-competitive behaviour

First published by Author on September 05, 2016 in the following categories: Latest and tagged with

Third party intermediaries / price comparison websites are being investigated by the CMA (Competition and Markets Authority) for suspected anti-competitive behaviour.

Ofgem had originally been investigating the issue which has now been formally transferred to the CMA to complete the enquiries. The investigation is in to whether there has been a breach of the Competition Act by companies allegedly agreeing to behaviours relating to the use of keyword search advertising online.
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Arriva North and Northern Rail merger update

First published by Admin on August 30, 2016 in the following categories: Latest

The Competition and Market Authority (CMA) is investigating whether a merger situation has taken place between Arriva Rail North and Northern Rail Limited that would result in a substantial lessening of competition in the market(s) in the United Kingdom.

On 1st April 2016 an initial enforcement notice was served by the CMA on Arriva Rail North to ensure that no action is taking place until it has been determined whether the potential merger would cause a substantial lessoning of competition.

Due to the size of the companies, there are overlaps in the market for public transport services such as bus and rail services. When a customer is presented with more than one option for a particular service, factors such as frequency, punctuality, and cost are all factors they may consider.
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What to do if you have been affected by the Truck Cartel!

First published by Admin on August 26, 2016 in the following categories: Latest and tagged with

road fuel market study

Companies who bought heavy to medium duty trucks may be able to able to claim damages due to the uncovering of a truck cartel involving several major truck companies.

The cartel was a price cartel for both sale prices and for cost increases with new technology being introduced. The truck companies involved in the 14 year cartel were MAN, Daimler, Iveco and Volvo/Renault, with investigations in to Scania ongoing.

Anyone who bought trucks from then between 1997 and 2011 may have a claim, with the cartel being uncovered when MAN acted as a whistle blower.
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Celesio AG (Lloyds Pharmacy) and Sainsbury’s final merger report

First published by Admin on August 25, 2016 in the following categories: Latest

Pharmaceutical abuse

Celesio AG, through its subsidiary Lloyds Pharmacy Ltd, has agreed to acquire the in-store pharmacy of Sainsbury’s Supermarket Limited. The Competition and Markets Authority (CMA) believes that the Celesio AG and Sainsbury’s Pharmacy will no longer be distinct, and will have created a merger situation.

In December 2015 the CMA assessed the impact that the merger would have on the retail supply of prescription only medicines, pharmacy medicines and pharmacy services to customers in local areas of the UK.

They also assessed the impact the merger would have on the supply of outpatient dispensing services to hospitals in the UK, and the vertical relationship in the wholesale distribution of prescription-only and pharmacy medicines as well as Lloyds’ and Sainsbury’s presence in the retail pharmacy sector.
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The Truck Cartel in a nutshell

First published by Author on August 24, 2016 in the following categories: Latest and tagged with

We’ve already blogged about this and we’re already taking action on what’s happened; but in case you want a bit of a “nutshell” guide as to what’s happened, read on:

Companies who bought heavy to medium trucks between 1997 and 2011 may be able to claim damages due to the investigation and finding of truck cartel involving several truck companies. A cartel is in breach of the Competition Act 1998 and the Enterprise Act 2002.

in addition, due to the truck companies involved being international and supplying to the EU, the companies also being held to have breached The Treaty of the Functioning of the European Union; thus breaching EU law.
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Arriva North and Northern Rail merger – CMA Investigation

First published by Author on August 23, 2016 in the following categories: Latest

The Competition and Markets Authority (CMA) is investigating whether a merger situation has taken place between Arriva Rail North and Northern Rail Limited that would result in a substantial lessening of the market(s) in the UK.

On 1st April 2016 an initial enforcement notice was served by the CMA on to Arriva Rail North to ensure that no action is taking place until it has been determined whether the potential merger would cause a substantial lessening of competition.

With the current state of our rail system already a less-than-pleasant experience for consumers with high prices, cramped carriages, and regular delays, there are real and valid concerns over this situation.
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Truck cartel investigation outcome

First published by Admin on August 19, 2016 in the following categories: Latest

We are taking cases on for the truck cartel here in the UK. Contact us for more information as soon as you can.

Companies involved in the truck cartel have received fines from the Commission of over 2.9 billion Euros – record amounts! The truck producers were found to have participated in a truck cartel involving medium to heavy trucks for a number of years.

The truck companies that were investigated in the 14 year cartel were DAF, Scania, MAN, Daimler, Iveco and Volvo/Renault. The cartel started in 1997 and only stopped in 2011. There are around 30 million trucks on the road, and as these truck companies’ vehicles account for most of them, they controlled a very large part of the market.
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The big CMA push for better competition in the banking industry

First published by Admin on August 17, 2016 in the following categories: Latest

The final report conducted by the Competition and Markets Authority (CMA) into the retail banking market investigation, published on 9th August, concluded that the older and larger banks do not have to compete hard enough for customer’s business. This has meant that smaller and newer banks have found it difficult to grow, and means many people have been paying more than they should have without receiving any benefit from the new services.

To tackle this problem, the CMA is implementing a wide-reaching package of reforms. These reforms should ensure that customers benefit from technological advances and allow smaller banks to compete fairly.

We could now be on the cusp of a banking revolution where real competition will help customers get the better deal.
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Celesio and Sainsbury’s Pharmacy Business merger inquiry

First published by Admin on August 16, 2016 in the following categories: Latest

Celesio AG, through its subsidiary Llyods Pharmacy Ltd, has agreed to acquire the in-store pharmacy of Sainsbury’s Supermarket Limited.

The Competition and Markets Authority (CMA) believes that the Celesio AG and Sainsbury’s Pharmacy will no longer be distinct and will have created a merger situation.

In December 2015 the CMA assessed the impact that the merger would have on retail supply prescription only medicines, pharmacy medicines, and pharmacy services to end-customers in local areas in the United Kingdom. They also assessed the impact the merger would have on the supply of outpatient dispensing services to hospitals in the UK, and the vertical relationship in the wholesale distribution of prescription only and pharmacy medicines, and the companies’ presence in the retail pharmacy sector.
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