Category: Price Fixing

Suspected unfair pricing investigations

It is important for the CMA to look into incidents of suspected unfair pricing to ensure that consumers are not being overcharged and taken advantage of.

This can particularly be the case in relation to medication costs of which the CMA has looked into a number of issues about the NHS being overcharged, and we will provide an update of an example in this article.

Broadly speaking, it is important that pricing is set at fair levels and that companies are not taking advantage of consumers to drive their profits up in an obscene manner. At the same time, competition must be required to allow pricing to be set competitively as well.

CMA investigation into suspected anti-competitive pharmaceuticals agreements

In late 2017, the CMA released a statement announcing that it had begun an investigation into suspected anti-competitive pharmaceuticals agreements between “various parties”.

The pharmaceutical companies under review were kept anonymous until 2019. Then, according to the CMA, they alleged that Alliance Pharmaceuticals, Focus, Lexon, and Medreich had reportedly made agreements to not compete in regard to supplying anti-nausea drug Prochlorperazine.

In January, the CMA published an update regarding their investigation, which was set to conclude in Autumn 2021. As the case approaches its end, we look back at investigation so far and assess the potential damage the anti-competitive agreements may have caused.

Precast concrete drainage cartel – appeal denied

The Competition and Markets Authority (CMA) has previously confirmed the denial of an appeal made by FP McCann Ltd, a company understood to be involved in an alleged precast concrete drainage cartel, who reportedly sought to evade the £2.5m issued to them for their reported infringement of competition law.

The earlier update with regards to the cartel investigation marks an end to the four-year legal case. It is understood that several companies had previously either admitted to their illegal practice or accepted penalties, while FP McCann lodged an appeal in December 2019 with the hope that the ruling would be overturned.

The CMA’s final decision looks to mark a victory for businesses and consumers across the UK, setting an example that any form of illegal price-fixing and collusion will not be tolerated by the watchdog.

Suspected anti-competition arrangements in the financial services sector

The Competition and Markets Authority (CMA), the government body that regulates business competition in the UK, previously published an update with regards to its investigation into the financial services sector relating to alleged suspected anti-competition arrangements.

The update followed the UK government’s declaration of a post-Brexit trade deal with the European Union, with the CMA announcing that the investigation will continue beyond the conclusion of the exit transition period. Previously, the investigation was also seeking to ascertain whether an infringement of the Treaty on the Functioning of the European Union (TFEU) had occurred, but now it will proceed in respect of UK competition law, solely investigating the possibility of a breach of the Competition Act 1998 (CA98).

Hand sanitiser pricing under regulatory review

First published by Author on July 16, 2020 in the following categories: Consumer Law Industry Latest Price Fixing Price Hikes Pricing and tagged with cma | competition law | investigations | price fixing | pricing

The Competition and Markets Authority (CMA) has been looking into hand sanitiser pricing over concerns that important competition laws may be being breached.

Last month, the CMA announced that they were looking into the matter that is undoubtedly tied to how the use of such products has changed during the ongoing coronavirus pandemic. Although the investigation only started last month, and no assumptions are being made, there have been some significant changes and developments so far.

Clearly, given how the markets for such products has changed over the last few months, this is an important matter that needs to be looked into.

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.

Berkshire residential estate agents competition case

Here’s the latest news involving the Competition and Markets Authority (CMA) investigation into alleged competition infringements involving Berkshire residential estate agents.

The investigation was launched in early 2018 on the basis that the CMA suspected that there may be infringements of important competition law. In June last year, the CMA issued a formal statement of objections to four estate agents with allegations of breaches, and a settlement was reached with two agents in October. More fines were then issued at the end of last year.

In the often-volatile property market, competition law breaches that leave buyers and sellers paying more simply cannot go unpunished.

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.

More time allowed in the supply of groundworks investigation

First published by Author on November 20, 2019 in the following categories: Industry Market Sharing Price Fixing Pricing and tagged with cma | competition law | construction industry | pricing

More time has been allowed for representations to be made in the supply of groundworks investigation that’s currently being undertaken by the UK’s competition regulator.

The CMA (Compensation and Markets Authority) issued their statement of objections back in April 2019 and announced their provisional findings. The CMA confirmed that they suspect there are three suppliers who are engaging in behaviour that may distort competition in the market. Until final determinations are made, these are just allegations at this stage.

Notably, the CMA decided to continue with their investigations, so we assume that they must believe that there is some evidence to support their allegations.

Precast concrete drainage products supply investigation: latest

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.