Butterworths Competition Law Handbook (2 Volume Set)

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Description
Since the last edition of the Handbook, we have seen the UK and EU competition authorities continue their efforts to streamline procedures and provide greater transparency for businesses through updated and new materials. In the UK in particular, having in place efficient processes and clear guidance will be vital in the run up to Brexit, which will, it is anticipated, result in a much-increased workload for the CMA in all areas of antitrust and merger control enforcement. In addition to Brexit, in the past 12 months the UK government has been heavily focussed up on national security reforms. In June 2018 the merger control thresholds were amended to enable the government to intervene in more mergers on national security grounds. Specifically, the thresholds have been reduced for transactions in three sectors: military/dual-use items subject to export control; computer processing units; and quantum technology. You can find government and CMA guidance on the changes in Part 3.C.1, as well as the revised legislation in Part 1. However, these changes are set to be short-lived. In July 2018 the government published a White Paper setting out much wider reforms in this area. The proposals envisage the repeal of the June amendments, and the establishment of a new and far-reaching national security merger regime which would be wholly or separate from the existing UK merger process. The White Paper (a link to which can be found in the Appendix) has received a huge amount of attention from businesses and T practitioners alike. The consultation period ended in October 2018 and we expect to heart more on the proposals in early 2019. A. More generally, the CMA has this year continued to priorities updates to its merger guidance. It has sought views on draft guidelines in a number of areas, including interim measures, exceptions to the duty to refer, and merger remedies. These materials provide clarity to merging parties by consolidating guidance from several sources into a single place, and incorporate current CMA practice and experience. Final versions of the materials are expected shortly, but in the meantime links to the drafts can be found in the Appendix. The CMA has also made tweaks to its merger notice template, published new guidance for merging parties on providing documents, and issued a revised good practice guide on designing and presenting consumer survey evidence. Finally, the CMA is consulting on draft guidance on requests for internal documents. This sets out when the CMA is likely to require merging parties to provide internal documents, the way in which CMA case teams may handle these requests, and how the CMA expects parties to respond. In relation to antitrust cases, in April 2018 the CMA published revised guidance on the appropriate amount of a penalty. Rather than introducing any major change in practice, the guidance clarifies how the CMA will assess the seriousness of an infringement, gives further details of aggravating and mitigating factors, and explains the application of discounts where voluntary redress schemes are approved. The CMA is also consulting on amended guidance on its procedures in antitrust cases (to streamline certain aspects of the process, including formal complainants, oral hearings and access to file) and on director disqualification orders (again to streamline the process, but also to include recognition for directors who cooperate with/assist the CMA during the investigation). Links to both of these drafts can be found in the Appendix.
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Contents
Part 1 : Statutes
Part 2 : Statutory Instruments
A. Procedural Matters
B. Enforcement and Penalties
C. Exclusive and Exemptions
D. Merger Control
E. Litigation
Part 3 : Competition and Markets Authority and Other Guidelines
A. General
B. Sector Specific
C. Merger
D. Markets
Part 4 : EU Materials
A. General
B. Cooperation
C. Vertical Agreements
D. Transport
E. Enforcement
F. Concentrations
Part 5 : State AID
A. General
B. Temporary Rules Established in Response to the Economic and Financial Crisis
C. Horizontal Rules
D. Sector-Specific Rules
E. Specific AID Instruments
F. Services of General Economic Interest
Part 6 : UK and EU Court Materials
A. UK Courts
B. EU Courts
Appendix
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Author Details
Antonio F. Bavasso, JD, PhD (Solicitor and Advocato)
Louise Tolley, MA (Cantab) (Solocitor)