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Mergers The CMA began its phase 1 review of the proposed joint venture between Vodafone Group Plc and CK Hutchison Holdings Limited relating to Vodafone Limited and Hutchison 3G UK Limited—see further, case page. The Department for Culture, Media and Sports issued a second PIIN from the Secretary of State, Lucy Frazer, on the proposed acquisition of Telegraph Media Group Limited, Telegraph Media Group Holdings Limited, or their business or assets (including subsidiary shares) by RB Investco Limited and/or related undertakings (including RB IMI AIV Limited Partnership), or any assignees, transferees or successors—see further, case page. NOTE—For trackers on live CMA mergers and public interest interventions under the Enterprise Act 2022, see UK mergers—ongoing cases tracker and Government interventions on public interest grounds—merger cases tracker. Subsidy control The Subsidy Advice Unit released its final report advising the Department for Business and Trade on a proposed subsidy to BMW UK Manufacturing Limited—see further, final report. Market studies...
Private actions The CAT has released four individual applications concerning: Mr Justin Gutmann v Vodafone Limited and Vodafone Group PLC; Mr Justine Gutmann v EE Limited and BT Group PLC; Mr Justin Gutmann v Hutchison 3G UK Limited; and Mr Justin Gutmann v Telefonica UK Limited. These opt-out collective proceedings are brought by Mr Justin Gutmann against, respectively, Vodafone Limited and Vodafone Group PLC, EE Limited and BT Group, Hutchison 3G UK Limited, and Telefonica UK Limited, alleging each mobile network operator breached the Chapter II prohibition under the Competition Act 1998—see further: application (Vodafone) application (EE Limited and BT Group PLC) application (Hutchison 3G UK Limited) application (Telefonica UK Limited) Note—For all live private actions in the UK that have been made public, see: UK private actions—ongoing cases tracker. Upcoming dates—For dates of forthcoming UK competition developments, see: UK Competition calendar...
Mergers Vodafone/CK Hutchison JV raises competition concerns; CMA considers prohibition of the merger would be the most effective remedy The CMA has set out its provisional findings and a notice outlining potential remedies in its phase 2 review of the anticipated joint venture between Vodafone Group Plc (Vodafone) and CK Hutchison Holdings Limited (CK Hutchison), concerning Vodafone Limited (VUK) and Hutchison 3G UK Limited (3UK). At this stage, the CMA indicates that blocking the deal would be the most effective way to resolve the competition concerns identified. VUK is owned by Vodafone and 3UK is owned by CK Hutchison, and both businesses are among the leading providers of mobile telecommunication services in the UK...
Practice Note This Practice Note consists of two strands created to help dispute resolution practitioners remain up to date with developments in case law that affect their field, or which influence civil litigation procedure more generally: selected forthcoming appeals to the Supreme Court are highlighted below; see Key forthcoming appeals to the Supreme Court—2022 summaries of significant appeal decisions in England and Wales (ie rulings of the Court of Appeal and Supreme Court and, where appropriate, certain judgments of the Competition Appeal Tribunal, Judicial Committee of the Privy Council, Court of Justice of the European Union), and ECtHR, which we have covered; see: Key forthcoming appeal cases—2022 You can navigate this content using the table of contents in the left-hand margin. Alternatively, search this tracker using [CTRL]+[F]. This material is not intended to be a comprehensive register of every appeal or major decision relevant to dispute resolution practitioners. Key forthcoming appeals to the Supreme Court—2022 Tort and negligence ...
CASE HUB NOTE—appeal lodged before the Court of Justice in Case C- 376/20 P ARCHIVED This archived case hub records the position as at the judgment of 28 May 2020 and is no longer maintained. For more detail, see the timeline, commentary and related cases. An appeal was lodged before the Court of Justice in Case C‑376/20 P. Case facts Outline Appeal before the General Court against the European Commission’s 2016 decision to block the proposed acquisition of Telefónica Europe plc by Hutchison 3G UK Investments Limited, taken under the EU Merger Regulation (Case M.7612). Latest development On 28 May 2020, the General Court handed down its judgment, upholding the action and annulling the Commission’s prohibition decision. The court set aside the prohibition. The Commission’s analysis of unilateral (non-coordinated) effects contained multiple errors of law and appraisal and did not show, to a sufficiently high degree of probability, that prices would rise markedly. The Commission did not establish that the transaction’s...
CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the decision of 12 December 2012; it is no longer maintained. See further, timeline and related cases. Case facts Outline European Commission inquiry into the proposed takeover transaction of Orange Austria by Hutchison 3G (Case M.6497). The Commission approved the deal subject to commitments on 12/12/2012. Parties Hutchison 3G (H3G) and Orange Austria. H3G supplies mobile telecommunication services (voice, SMS and MMS), as well as mobile broadband and multimedia products across Austria. Orange Austria provides mobile telecommunication services (voice, SMS and MMS) and mobile broadband services across Austria too. Market(s) Mobile telecommunications in Austria...