Expert legal advice from The Competition Lawyers

European Commission fines Altstoff Recycling Austria (ARA) 6m Euros for competition hindrance

First published by Author on September 22, 2016 in the following categories: Latest

green heating and insulation

The EU Commission has fined Altstoff Recycling Austria (ARA) 6m Euros for reportedly blocking competitors from entering the market in Austria for household packaging waste services.

The investigation found that they hindered competition between 2008 and 2012 and have been found in breach of EU antitrust legislation – which is essentially competition rules and regulations on the continent.

It’s a huge fine from what is a serious breach of the rules; although the fine has been reduced by 30% for the company’s cooperation with the Commission’s investigations.
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Arriva Rail North / Northern rail franchise merger may result in significant lessening of competition in some areas

First published by Author on September 13, 2016 in the following categories: Latest and tagged with

The CMA (Competition and Markets Authority) have been investigating the merger situation of Arriva Rail North and Northern rail franchise to identify whether competition may be affected.

It’s always a danger when competition could be lessened through companies merging together and / or acquisition situations, which is why the CMA often gets involved in these scenarios.

The CMA has completed their initial findings and has identified some areas of the market which may face a substantial lessening of competition.
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Cash machine merger being investigated by the CMA over competition concerns

First published by Author on September 08, 2016 in the following categories: Latest and tagged with

The completed Diebold / Wincor Nixdorf merger has led to a CMA (Competition and Markets Authority) investigation as to whether the merger will result in concerns for competition in the market.

The investigation has been called an “in-depth investigation” because there is already a concern that the merger will result in the “substantial lessening” of competition in the market.

The companies are being asked for undertakings, or they could face sanctions from the CMA.
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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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