Tag: competition law
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All change for the UK merger regime – Except the standard of review?
Traditionally, the UK has had a two-stage decision making process for merger cases. First, there were two separate organisations, the Office of Fair Trading (OFT) and the Competition Commission (CC). The OFT would carry out the first phase review of a merger (“Phase 1”) and, if there were reasonable prospects that the merger would result…
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From Blueprints to Outcomes: UK Competition Litigation Trends to Watch in 2026
2026 is set to be another important year for claimants and class representatives seeking redress for competition law infringements in the UK. While questions about legal thresholds for the proper functioning of the regime have not fallen away entirely – particularly following the Supreme Court’s judgment in Evans – they are no longer the key…
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Balancing Fundamental Rights and Antitrust Enforcement: AG Medina’s Opinions on Email Seizures in IMI/Synlabhealth II
Do the fundamental rights to the protection of private life (Article 7 of the Charter[1]) and of personal data (Article 8 of the Charter[2]) preclude competition authorities from seizing professional emails during inspections without prior judicial authorisation? This is the question addressed by Advocate General (“AG”) Medina in her Opinions of 20 June 2024[3] (“First…
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Bulls vs Monsters: The General Court rejects Red Bull’s appeal against the Commission’s dawn raid decision
On 15 October, the General Court (“GC”) rejected Red Bull’s appeal against the European Commission (“EC”) dawn raid decision, in a case triggered by an informal complaint from Red Bull’s competitor, Monster Energy. In summary, the GC found that: The judgment contains interesting takeaways regarding the reasoning of dawn raid decisions, the sufficiency of evidence…
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Combination Therapies in Pharma – Removing the Antitrust Roadblock
This month, the Belgian Competition Authority (BCA) published guidance on information exchange between pharmaceutical companies in the context of the reimbursement application procedure for combination therapies. This follows a prioritisation statement adopted by the UK Competition and Markets Authority (CMA) in 2023 on the same issue and long-standing demands from the Belgian pharmaceutical industry.[1] In…
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Private Equity and Common Ownership in Professional Rugby: Applying the Delivery Hero Standard
By Dr Beverley Williamson From time to time, the Thicket blog invites guest bloggers to write about a topic that is close to their heart. Geradin Partners is pleased to give the floor to friend of the blog Dr Bev Williamson who is an expert in the application of competition law in the sports industry.…
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Fast but fair? interim injunctions and the fast-track procedure in the Competition Appeal Tribunal
For claimants in competition cases, timing can be everything. Access to a key supplier, data feed, or distribution channel can make or break a business—especially for smaller players going up against incumbents. In the Competition Appeal Tribunal (CAT), two mechanisms are particularly relevant when urgent intervention is needed: interim injunctions and the Fast-Track Procedure (FTP).…
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Strasbourg calling – ECHR majority CLEARS Competition Wiretap Case (But mind the dissenters)
Ships Waste Oil Collector B.V. and Others v The Netherlands, Joined cases 2799/16, 2800/16, 3124/16 and 3205/16, Judgment of the ECHR Grand Chamber of 01/04/2025 Just as fishing inevitably results in bycatch, law enforcement wiretaps often capture information unrelated to the original investigation. This incidental data can raise complex legal questions—especially when it reveals evidence…
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FIFA vs Agents: 1-0 at halftime – AG Emiliou Defends FIFA’s Football Agent Regulations
Introduction In two significant cases before the Court of Justice of the European Union (CJEU), Advocate General Emiliou (the AG) delivered his eagerly awaited opinions in RCC Sports v FIFA (C-209/23) and ROGON v German Football Association (C-428/23) on 15 May 2025. The same day, the AG also published his opinion in the case Tondela…
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The CJEU rules in the Diarra case – FIFA’s transfer rules restrict free movement and competition
From a competition law perspective, sport is, in some ways, unlike other industries. It may be driven by ideals other than profit, such as sporting merit and fair play. It also only functions through collaboration: associations, leagues and clubs need to agree on fixture dates and kick-off times, amongst other things. But sport also involves…