Expert legal advice from The Competition Lawyers

Tag: market abuse

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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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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Most favoured nation clause example: ComparetheMarket fined £17.8m

First published by Author on February 02, 2022 in the following categories: Advertising Consumer Law Digital Industry Investigations Market Dominance Abuse Pricing Selling Restrictions and tagged with | | | | | | |

cma construction

Last year, the Competition and Markets Authority (CMA) published the details of its full decision having fined ComparetheMarket £17.8m for reportedly breaching competition law. The investigation that had been concluded by the UK’s competition regulator led to the finding that the famous price comparison website was said to have broken the law by including a most favoured nation clause in some of the contracts it had with home insurance providers.

Over the course of December 2015-December 2017, ComparetheMarket is said to have used the clause to retain its domination of the comparison website market. The knock-on effect may have been the prevention of healthy growth of its competitors and possibly restricting customers from finding better deals on their home insurance.

Designed to empower consumers to find bargains in a crowded and confusing market, price comparison websites should be on the side of their users. This is why it was concerning that ComparetheMarket had been restricting competition seemingly for their own gain. The enforcement action taken by the CMA hopefully helped to restore competitiveness in the digital price comparison market, and is a real example of where the most favoured nation clause can lead to problems for competition law.

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Regulators target fake and misleading online reviews

First published by Author on October 23, 2019 in the following categories: Advertising Consumer Law and tagged with | | | | |

The CMA (Competition and Markets Authority) is targeting fake and misleading online reviews because of the unfair impact it can have on competition within markets.

Nowadays, where most things can be bought and sold online, so can testimonials for products and services, and it’s this practice that the CMA’s aiming to stop. With how much influence the statements of other customers can have when it’s never been easier to shop around quickly, it seems that some companies are prepared to try and influence consumer choice with the power of fake reviews.

At the same time, it can be just as easy for someone to pay for bad reviews to hit one of their competitors as well.

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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-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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Provisional finding in the pharmaceuticals competition investigation

First published by Author on May 30, 2019 in the following categories: Cartels Industry Market Sharing Price Fixing Price Hikes Pricing and tagged with | | | | | | |

There has been a provisional finding in the pharmaceuticals competition investigation by the Competition and Markets Authority (CMA) who have been looking into companies for quite some time.

It has been alleged that anti-competitive agreements are in place between four firms in the sector, and the calculated costs to the NHS is terrifying. If the provisional finding is formalised, huge fines could be issued to the alleged offenders involved in the investigation.

The costs of anti-competitive arrangements in the pharmaceutical industry often fall on the NHS, and therefore on the taxpayer, which is why these kinds of investigations are incredibly important.

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£7m in fines issued in office fit-out competition case

First published by Author on April 04, 2019 in the following categories: Bid-Rigging Cartels Market Sharing Price Fixing Price Hikes Pricing and tagged with | | | | | | |

cma roofing materials sector investigations

A huge £7m in total fines has been issued after five companies have admitted to breaches in the office fit-out competition case.

The Competition and Markets Authority (CMA) has been investigating the design, construction and fit-out services market since 2017. In July 2018, they decided to continue their probes, and in March this year, fines have been issued and agreed.

The five companies that have admitted to breaches and will be fined are Coriolis, Fourfront, Loop, Oakley and ThirdWay.

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Provisional finding in hydrocortisone competition case

First published by Author on March 28, 2019 in the following categories: Latest Market Sharing Price Fixing Price Hikes Pricing and tagged with | | | | | | |

Pharmaceutical abuse

There’s been a provisional finding by the Competition and Markets Authority (CMA) in the important hydrocortisone competition case, with a Statement of Objections issued.

In the coming weeks, the CMA expect written and oral representations to be made following the Statement of Objections that’s been issued.

The provisional findings of the CMA are incredibly worrying. It all comes down whether the two companies at the heart of the investigation colluded in order to charge higher prices and make bigger profits; all at the expense of our NHS, and our hard-earned tax money.

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Brief update in the hypothyroidism tablets competition case

First published by Author on February 28, 2019 in the following categories: Investigations Price Hikes Pricing and tagged with | | | | |

A brief update has been issued in the hypothyroidism tablets competition case surrounding alleged overcharging of liothyronine medication.

The liothyronine tablets are used to treat people lacking in thyroid hormones, which can lead to tiredness, slow metabolism, depression and other ailments. The CMA (Competition and Markets Authority) spent a great deal of time in 2017 gathering evidence for the case. In November 2017, a statement of objections was formally issued.

Last month, an updated statement of objections was issued by the CMA in this incredibly important investigation.

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