Anti-Competitive Agreement meaning

Checklist This Checklist outlines the details that must appear in a notice of intention of intention to make an award, or to finalise a framework agreement, with the Chosen Provider through the Competitive Process, intended for submission to the UK central digital platform, to satisfy the transparency requirements set and mandated by the Health Care Services (Provider Selection Regime) Regulations 2023 (PSR Regs 2023), SI 2023/1348, reg 11(10), Sch 10...

Set out below are the key practical competition law considerations when preparing and submitting the Form CO to the European Commission (the Commission): Confirm eligibility for a Short Form CO to reduce disclosures. Build in time; a full Form demands extensive data, including Member State market shares. For turnover, use the Commission’s official ECB exchange rate and support the filing with economic analysis. If information is unavailable, explain why and estimate; if requests seem irrelevant, justify and obtain a waiver with the case team. Check accuracy; inaccuracies render the Form CO ineffective until the Commission is satisfied. Provide precise contact details for customers, competitors and suppliers, and include caveats for any assumptions. Allow time for authorisations and, where required, signature of the declaration by the relevant business person or in-house lawyers. Prepare required copies (one original, three paper, two CD or DVD) and translate supporting documents not in an EU official language. Review supporting documents for any “anti-competitive” language...

This Checklist highlights the key matters to consider when preparing new Research and Development (R&D) agreements, or revising existing R&D agreements, to determine whether they fall within the block exemption available under the Competition Act 1998 (Research and Development Agreements Block Exemption) Order 2022 (UK R&D BEO), SI 2022/1271. It is not a full guide to the UK R&D BEO, but is intended for situations where a commercial lawyer wishes to be confident that an R&D agreement sits within the UK R&D BEO and aligns with the CMA Guidance on Horizontal Agreements (2023 Horizontal Guidance). Introduction to the UK R&D BEO Any agreement that influences trade or restricts competition in the UK may fall under the prohibition on anti-competitive agreements in Chapter I of the Competition Act 1998 (CA 1998) (the Chapter I prohibition)...

JP Morgan International Finance Ltd v Werealize.Com Ltd; Karonis and others v JP Morgan International Finance Ltd [2025] EWHC 1842 (Comm) What are the practical implications of this case? The ruling delivers valuable guidance on cross-border enforcement of exclusion of liability clauses and on the situations in which ASI relief will be granted to shield such bargains. Key consequences for commercial practitioners include: Drafting immunity and exclusion clauses: the court held that where parties agree that none owes a duty of care, or tortious liability, they have by implication undertaken not to commence proceedings alleging such responsibility. This stands as a significant authority supporting the enforceability of wide immunity clauses. Commercial drafters should consider whether express ‘no sue’ undertakings offer greater certainty than reliance on implied terms Third party protection: the court’s reasoning showed that directors could benefit from immunity clauses via agency mechanisms (clause 33), even though they are not full parties to other elements of the agreement, illustrating how contractual structures...

HMRC v Sehgal and another [2024] UKUT 74 (TCC) The taxpayers were non-domiciled individuals resident in the UK who were taxed on the remittance basis. They disposed of their shareholdings in VGL to CLS, a Luxembourg-resident company. At completion, IRL—owned indirectly via a Jersey vehicle, SKS—owed £6m to a subsidiary of VGL. Under the share purchase agreement, the taxpayers agreed to indemnify that liability. Soon afterwards, it emerged the debt was irrecoverable, thereby triggering the indemnity. At the behest of CLS’s parent, a structured sequence followed: SKS purchased clothing stock from M, another company within the CLS group, for a sum mirroring the amount owed; at the same time, CLS and the taxpayers entered into a side letter confirming that this payment would reduce the outstanding debt to nil. Under these arrangements, the consideration for the clothing matched the £6m debt and, as recorded in the side letter, operated to eliminate the balance in full. The clothing, however, was worth merely £200,000 and was then gifted...

In this issue: Trade in goods Anti-dumping Free Trade Agreements Customs Daily and weekly news alerts Trade in goods UK upgrades Developing Countries Trading Scheme to boost global trade ties On 10 July 2025, the Department for Business and Trade (DBT) unveiled fresh measures within the Developing Countries Trading Scheme to make commerce with 65 developing states easier. Changes cover looser rules of origin, help for exporters and broader access to services. The objective is to stimulate partners’ economic growth, cut costs for UK shoppers and firms, and bolster robust global supply chains, overall resilience. See: LNB News 11/07/2025 50. Anti-dumping EU Trade Directorate imposes anti-dumping duties on Chinese wood flooring imports The EU’s Directorate-General for Trade and Economic Security has introduced anti-dumping tariffs on multilayered wood flooring arriving from China, taking effect 14 July 2025. The action stems from investigation concluding that dumped Chinese shipments were injuring the EU’s €1.3bn multilayered wood flooring...

This table summarises all completed investigations by Singapore’s competition authority (the Competition and Consumer Commission of Singapore—the CCCS) into alleged cartels, anti-competitive agreements and abuses of dominant positions since 2018. Note—only investigations that have been made public are included in this table. 2025 Investigations under section 34 of the Competition Act Remittance services — ZGR Global; Hanshan Issues: Restrictive agreement—information exchange Developments: Decision finding infringement—31/07/2025; penalties totalling $5.36m imposed Contracting — Trust-Build Engineering & Construction Pte. Ltd; Hunan Fengtian Construction Group Co. Ltd Issues: Restrictive agreement—bid rigging Developments: Decision finding infringement—23/05/2025; penalties totalling $4.6m imposed Investigations under section 47 of the Competition Act The CCCS has not yet issued any decisions under section 47 in 2025 2024 Investigations under section 34 of the Competition Act Remittance services — ZGR Global Pte Ltd; Hanshan...

This Practice Note sets out practical direction on exemption reviews. It explains the scope of such reviews, who is eligible to apply, the application process, and the potential outcomes. It covers what the review examines, who may bring a request, how to proceed, and possible decisions. It serves as concise practitioner guidance. Introduction The UK Trade Remedies Authority (TRA) may grant exemptions to importers or foreign exporters from anti-dumping duties or countervailing measures. The TRA can also exclude a particular importer or overseas exporter from these measures during the initial investigations, or in any interim or expiry review, where it determines that the party concerned is not dumping or not receiving a subsidy. For further reading and context: On the original anti-dumping investigation, see Practice Note: An introduction to anti-dumping duties. On the original countervailing investigation, see Practice Note: An introduction to the Agreement on Subsidies and Countervailing Measures. On interim reviews concerning anti-dumping duties, see Practice Note: Interim reviews in anti-dumping...

FORTHCOMING CHANGE: Following the Autumn Budget 2024, the government initiated an independent review into the loan charge. Launched on 23 January 2025, the review’s remit was to examine the obstacles preventing people within scope of the loan charge, who have not settled and paid their tax liabilities in full, from reaching agreement with HMRC, and to recommend measures to encourage settlement with HMRC (see News Analysis: Autumn Budget 2024—Independent review of the loan charge). To support this work, a call for evidence—directed at those still affected by the loan charge and their advisers—was issued on 28 March 2025. The Final Report, together with the government’s response, was released at Budget 2025 on 26 November 2025...

The Schedule 1 Definitions 1.1 In this Schedule: Adequate Procedures – must be interpreted in line with BA 2010 and any guidance issued under it; Associated Person – means any or all of: (a) the officers, employees, agents, subcontractors, subsidiaries, and individuals Associated With a party (Associates); and (b) persons Associated With any of those Associates, in every instance engaged in carrying out services for, or on behalf of, that party, the Services, and/or this Agreement; and Associated With – where used: (a) in paragraph 2 and in relation to bribery, is to be construed in accordance with BA 2010 and guidance issued under it; (b) in paragraph 4 and regarding the facilitation of tax evasion, is to be construed in accordance with Part 3 of CFA 2017 and guidance issued under it; (c) in paragraph 5 and as regards fraud, is to be construed in accordance with Part 5 of ECCTA 2023 and guidance issued under it; BA 2010 – means the...

This Agreement is entered into on [ date ] Parties [ Insert name of party ] [ of OR a company incorporated in England and Wales under number [ insert registered number ] with its registered office at ] [ insert address ] (Party 1); and [ Insert name of party ] [ of OR a company incorporated in England and Wales under number [ insert registered number ] with its registered office at ] [ insert address ] (Party 2), each of Party 1 and Party 2 being a party and, together, the parties. BACKGROUND Party 1 supplies [ insert description of goods and/or services ]. Party 2 supplies [ insert description of goods and/or services ]. The parties intend to submit a Bid as a joint tender to the Customer in answer to the Invitation to Tender. The parties seek to state their obligations and manage their rights concerning the Bid and, if the...

This Agreement is entered into on [ date ] Parties [ insert name of party ] [ of OR a company incorporated in [ England and Wales ] with registration number [ insert registered number ], whose registered office is at [ insert address ] ] (the Principal); and [ insert name of party ] [ of OR a company incorporated in [ England and Wales ] with registration number [ insert registered number ], whose registered office is at [ insert address ] ] (the Agent), (each of the Principal and the Agent is a party and, taken together, the Principal and the Agent are the parties). Background The Principal provides the Services (as defined below). The Principal intends to appoint the Agent as its non-exclusive agent within the Territory (as defined below) for the [ marketing OR marketing and sale ] of the Services, on the terms of this Agreement. The Agent has agreed...