Expert legal advice from The Competition Lawyers

Tag: pricing

Most favoured nation clauses in price comparison websites sector

First published by Author on November 05, 2019 in the following categories: Advertising Consumer Law Industry Pricing Selling Restrictions and tagged with | | | | |

online advertising

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.

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Precast concrete drainage products supply investigation: latest

First published by Author on October 31, 2019 in the following categories: Cartels Market Sharing Price Fixing and tagged with | | | | | | |

contruction and concrete

The CMA (Competition and Markets Authority) has issued an update in the investigation into the supply of precast concrete drainage products.

The civil investigation has been ongoing since 2016 and a number of actions and steps have been taken in the three years since it was commenced.

This month, an important development has been announced which involves fines in the tens of millions for companies who have reportedly been engaging in cartel behaviour for a number of years.

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Hydrocortisone tablets competition investigation

First published by Author on October 09, 2019 in the following categories: Healthcare Market Dominance Abuse and tagged with | | | |

Here’s the latest in the hydrocortisone tablets competition investigation that’s being conducted by the Competition and Markets Authority (CMA).

The history of this key study goes way back to October 2017 when the CMA started looking into alleged anti-competitive agreements and alleged abusive conduct. Exactly two years on, a great deal has happened as the CMA looks to ensure that the NHS and patients alike are not being ripped off by vastly wealthy pharmaceutical companies.

As we often say when the investigation involves the healthcare industry, this is a serious and important matter.

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Anti-virus software sector investigation latest

First published by Author on September 12, 2019 in the following categories: Industry Pricing and tagged with | | |

antivirus

Here’s the latest in the important anti-virus software sector investigation that’s being conducted by the CMA (Competition and Markets Authority).

It’s an important one, especially given how prevalent cybersecurity is these days. There have been so many hacks and attacks in recent times that all organisations – both public and private sector – must invest properly to ensure that they’re defended.

But are service providers in the sector offering their vital line of defence in terms that are deemed as fair, and in the spirit of healthy competition? That’s essentially what the CMA wants to find out.

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Loyalty penalty investigation: the latest

First published by Author on September 04, 2019 in the following categories: Investigations Loyalty Penalties Pricing and tagged with | | | |

Complaints

There has been an update about some of the positive steps that have been taken in the wake of the huge loyalty penalty investigation, often referred to as a “super complaint”.

A “super complaint” is a complaint that’s usually submitted by a consumer body on behalf of a number of people who have the same complaint against sometimes several companies, and sometimes across more than one sector. The loyalty penalty super complaint stemmed from the Citizens Advice Bureau who had raised concerns over customers paying more for goods and services for sticking with the same suppliers.

This one has covered notable areas that include insurance, mortgages, bank accounts, broadband services and mobile services.

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Anti-competitive agreements for pharmaceutical drugs: statement of objections issued

First published by Author on August 12, 2019 in the following categories: Market Sharing Price Fixing Price Hikes Pricing and tagged with | | | | | | |

liothyronine tablets investigation

In the latest investigation into suspected anti-competitive agreements for pharmaceutical drugs, a statement of objections has been issued by the CMA (Competition and Markets Authority).

The statement was issued last month and relates to a number of pharmaceutical companies who stand accused of participating in anti-competitive behaviour. Whether it’s a case of formal agreements in place, or concerted practices, the issue surrounds the supply of 50mg and 100mg nitrofurantoin capsules in the UK.

This investigation by the CMA into the practices of pharmaceutical firms is one of many that have been ongoing for a number of years. They’re one of the most important areas the CMA needs to safeguard.

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Barchester consumer protection case

First published by Author on August 01, 2019 in the following categories: Care Homes Pricing and tagged with | | |

retirement homes investigation

The Competition and Markets Authority (CMA) is taking action in the Barchester consumer protection case under the pretence that consumer laws may have been broken.

The wider action surrounding care homes in the UK has been going on for over two years now, and we recently reported about the court action launched against Care UK.

Now, the CMA has sent a letter before action to Barchester Healthcare Limited, Barchester Healthcare Homes Limited, Grove Limited and Barchester Holdco (Jersey) Limited; known altogether as ‘Barchester’. It’s alleged that certain fees that have been charged contravene consumer protection laws.

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Viagogo court case steps up

First published by Author on July 11, 2019 in the following categories: Advertising Industry Investigations Latest Pricing Selling Restrictions and tagged with | | | | | |

live event

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.

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CMA anti-virus software investigation latest

First published by Author on July 04, 2019 in the following categories: Industry Pricing and tagged with | | | |

Anti-Virus

The CMA anti-virus software investigation was launched back in December 2018, and the consumer regulator has been looking into whether renewal practices are legally compliant.

This investigation was a part of the wider loyalty penalty super complaint. With both personal and business reliance on anti-virus software prevalent, this is a huge market sector where there’s a need to ensure that consumer law is always being adhered to.

In the most recent update, the CMA (Competition and Markets Authority) has provided a little more insight into what they’re focusing on as part of their market review.

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Office design and fit-out cartel leads to director disqualifications

First published by Author on June 13, 2019 in the following categories: Cartels Investigations Price Fixing Price Hikes Pricing and tagged with | | | | | |

cma auction investigation

The CMA (Competition and Markets Authority) has secured the disqualification of a number of directors in the aftermath of the fines issued in the office design and fit-out cartel investigation.

In April 2019, fines in the sum of £7m were issued to a number of companies who had been found guilty of breaking vital competition laws. For over a decade, the guilty companies had been engaging in cover bidding, where they were able to artificially inflate the prices of at least 14 contracts. This kind of behaviour can also reduce the quality of services on offer for the consumer as well.

Now, the CMA has taken further action by securing disqualifications for a number of directors who were involved in the cartel activity.

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