Expert legal advice from The Competition Lawyers

Tag: competition law

Unit pricing in the groceries sector: CMA project

First published by Author on April 12, 2023 in the following categories: Consumer Law Industry Investigations Latest Pricing and tagged with | | | | |

finance and credit cards

The CMA has launched a project to look at the unit pricing in the grocery sector which, I think we can all agree, is a particularly important matter given the ongoing cost-of-living crisis.

The CMA has published its announcement in respect of the project recently, so we are very much in the early stages of this particular one. The matter also follows a previous Super Complaint in respect of the complexities and issues that could have been impeding the ability of consumers to make informed choices in respect of price comparison.

Read on for a little bit of information about this latest CMA project. I think we can all agree it is one to watch given that we are all feeling the pinch at the moment.

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Amazon marketplace investigation – CMA

First published by Author on March 01, 2023 in the following categories: Industry Investigations Latest Market Dominance Abuse and tagged with | | |

Amazon marketplace investigation

The CMA (Competition and Markets Authority) is conducting an Amazon marketplace investigation to make sure that no competition laws are being breached.

We take a brief look at the information the CMA has provided so far as a pivotally important investigation that the competition regulator is conducting.

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Old and written-off vehicles – suspected anti-competitive conduct

First published by Author on February 01, 2023 in the following categories: Consumer Law Industry Latest and tagged with | | | |

old and written-off vehicles

The CMA (Competition and Markets Authority) is looking into suspected anti-competitive conduct in relation to old and written-off vehicles in the UK.

The investigation began approximately a year ago, and we will outline an update that has already been published by the CMA at the end of last year in respect of a penalty notice that has been issued.

The car industry is massive, and there have been a number of scandals that it has been involved in in recent years, and it can be somewhat of a murky area in terms of consumer confidence. The CMA’s work in identifying if there have been any breaches of competition law is incredibly important. If any breaches are established, swift and effective action could be taken.

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Private healthcare market competition investigation

First published by Author on December 07, 2022 in the following categories: Consumer Law Healthcare Industry Investigations Latest Pricing and tagged with | | | | |

private healthcare market

The private healthcare market investigation that has been ongoing for over a decade is a matter that has seen a recent update published by the UK’s CMA, the Competition and Markets Authority.

Private healthcare is a particularly sensitive industry in relation to competition law, and it is one that must be monitored carefully to make sure that patients – i.e. consumers – can make the best choices for them. In this latest update from the CMA, it has been suggested that there is still much more work that needs to be done.

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CMA investigation into Education Software Solutions Limited

First published by Author on November 08, 2022 in the following categories: Consumer Law Education Industry Market Dominance Abuse and tagged with | | |

Education

The CMA is reportedly conducting an investigation into Education Software Solutions Limited (EES), looking into whether the company might be abusing a dominant market position in respect of changes to contracts.

The investigation that commenced earlier this year is still in the initial phases, and we are currently tracking updates and are potentially looking at the initial investigations being concluded toward the end of this year. The CMA has already had to extend its initial period of investigation due to the requirement to analyse additional information, so it may be that further time will still be required.

It goes without saying that, if the CMA concludes that a breach of competition law has taken place, swift and decisive action will need to be taken. As things stand, we do not yet know whether this is the case or not.

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Suspected unfair pricing investigations

First published by Author on October 05, 2022 in the following categories: Consumer Law Industry Investigations Latest Price Fixing Pricing and tagged with | | | | | |

overpriced hydrocortisone tablets

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.

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Competition law in sports: CVC Capital and Six Nations Rugby

First published by Author on September 04, 2022 in the following categories: Acquisitions Industry Investigations Mergers and tagged with | | |

In March 2021, it was announced that CVC Capital and Six Nations Rugby had come to deal on a 14.3% stake in the Six Nations, for which it reportedly paid a huge £365 million. However, in the wake of this proposed agreement, the Competition and Markets Authority (CMA) saw fit to begin an investigation into whether or not the merger would provoke a decrease in competition within the market.

When major deals occur in any sector, it is natural and routine for the CMA to look into any potential changes to competition which may be caused, so the fact that a CMA investigation was triggered does not necessarily confirm that a breach of competition law has occurred, or that any action will be taken against the organisation under investigation. Such was the case for the CVC Capital deal, which was cleared by the CMA in July.

Nevertheless, it is worth considering why the CMA made the decision to investigate and how it came to its decision, as cases like this can give a valuable insight into how the competition regulator operates in the UK. It is also useful to look at cases like this from the perspective of competition law in sport.

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Fuel retail market review in the UK – CMA

First published by Author on August 03, 2022 in the following categories: Industry Investigations Latest Pricing and tagged with | | | |

investigation into retail banking competition

The Competition and Markets Authority (CMA) has announced that it is conducting an urgent review into the UK fuel retail market at the request of the government.

The review comes at a time with soaring inflation, a cost-of-living crisis and the prices at petrol pumps spiralling out of control. We are all being hit by the increased cost of living, and the government must do all it can to ensure that the people do not suffer and face further hardship.

We welcome the review that is being conducted by the CMA, and we urge the government to step up in supporting people and preventing prices from soaring even further out of control.

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CMA investigates fake online reviews on Amazon and Google sites

First published by Author on May 05, 2022 in the following categories: Consumer Law Digital Industry Investigations and tagged with | | | | | |

The Competition and Markets Authority (CMA) previously announced that it had begun an investigation into potentially fake online reviews which may exist on major websites and online marketplaces. It is understood that there may be concerns that businesses are not doing enough to monitor and take down misleading reviews, and that some could be benefiting from them.

Since the birth of online shopping, consumers have been afforded a huge breadth of choice when buying products or services, and all in an easy way. However, the internet also comes with risks for consumers, with many scammers and disreputable businesses trying to take advantage of the faceless nature of online shopping, hiding behind a screen as they attempt to convince unsuspecting consumers to make purchases.

The existence of fake online reviews is one of the major downsides to online shopping, posing a difficulty for consumers as authenticity can often be hard to assess accurately. It is, therefore, important that businesses appropriately oversee online reviews and remove the fake ones, or they could be unfairly profiting from the deception of customers.

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Electronic drum sector appeal denied by Competition Appeal Tribunal

First published by Author on April 06, 2022 in the following categories: Consumer Law Industry Investigations and tagged with | | | |

cma auction investigation

Following an investigation by the Competition and Markets Authority (CMA) into alleged anti-competitive practices in the electronic drum sector, the Competition Appeal Tribunal previously rejected an appeal made by musical instrument company Roland. Roland had reportedly taken issue with the nature of a fine that it had previously agreed to pay.

As part of the settlement of the CMA case, Roland had been fined £4m for reportedly breaching competition law. As a result of the failed appeal and Roland’s reported breach of the settlement bargain, the fine was understood to have been increased to £5m.

The judgement made by the Competition Appeal Tribunal (CAT) showed it is not inclined to be lenient towards companies found guilty of breaking competition law. As advocates of consumer rights and fair business, we believe it is vital that organisations are punished accordingly if they break the law, and the CMA’s fines can have a powerful dissuasive effect on companies upon which they are imposed, and on companies in general. The upheld decision in the electronic drum sector case seems to be, therefore, a positive move by the CMA.

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