CMA meaning

Across the UK, the Competition and Markets Authority (CMA) examines mergers using a two-phase procedure. The procedure is presented in the flowchart set out below as follows:...

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)...

This Checklist highlights the principal points to review when signing off advertising copy. It is designed to assist advertisers and their legal advisers in ensuring print ads adhere to statutory and self-regulatory requirements, including the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code), Committee of Advertising Practice (CAP) help notes, and the unfair commercial practices provisions of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024). For broader guidance on advertising controls, see Practice Note: Advertising law and regulation. A third column is available to capture remarks or observations as you progress through the Checklist... Checklist Further information Notes (if any) Introductory considerations Have you reviewed the CAP Code and CAP’s Formal Guidance, along with relevant guidance from trading standards bodies and the Competition and Markets Authority (CMA)? Non-broadcast advertising is governed by legislation as well as the CAP Code. For more detail, see Practice Note: Advertising law and regulation... Have you taken account of relevant consumer legislation? When...

Under the UK merger control rules the Competition and Markets Authority (CMA) may assess or review mergers already completed as well as those still anticipated, provided a ‘relevant merger situation’ arises. See Practice Note: A ‘relevant merger situation’ under UK merger rules. Several distinct conditions must be fulfilled for such a ‘relevant merger situation’ to exist, and these requirements are set out in the flowchart provided below here...

This Flowchart sets out the consumer cancellation rights that must be made available to consumers entering on-premises contracts, off-premises contracts and distance contracts for the supply of services Use this guide when a practitioner needs to verify which cancellation entitlements apply to consumers purchasing services in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013). Note 1—a consumer is an individual acting for purposes that are wholly or mainly outside their trade, business, craft or profession. Note 2—certain sector-specific contracts are regulated separately, such as financial services contracts, rental contracts and package travel contracts, and are excluded in full from the CCR 2013. For more information, see Practice Note: Distance, doorstep and on-premises sales—Excluded contracts...

Flowchart This Flowchart offers a concise reference to decide if an application for a charging order ought to be filed at the Civil National Business Centre (a CNBC case) or submitted somewhere else (a non-CNBC case). For guidance, consult Practice Note: Charging orders—how and where to apply...

Overriding principles The DMCC’s core requirement is that a product’s “total price” must be shown prominently in every invitation to purchase (ITP). (For what constitutes an ITP, see here.) The total price covers all amounts the consumer will inevitably pay, which therefore includes any compulsory delivery charges. There is a limited DMCC exception. Where, owing to the nature of the product, a compulsory delivery charge cannot reasonably be worked out in advance, every ITP must explain how that charge will be calculated. This explanation must appear with the same prominence as the total price and must enable the consumer to determine the overall cost. Typically, equal prominence means placing this information beside or immediately below the total price. Before relying on this carve‑out, traders should be satisfied that the compulsory delivery charge genuinely cannot be calculated beforehand. The CMA has indicated that the exception will be applied narrowly...

In this issue Criminal procedure and evidence Appeal and judicial review Bribery, corruption, sanctions and export controls Consumer protection and cartels Environmental offences Food safety and hygiene offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Local authority prosecutions International Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Criminal procedure and evidence Challenging the decision not to prosecute (R (on the application of Hillary Smith) v DPP) The High Court’s judgment in R (on the application of Hillary Smith) v Director of Public Prosecutions delivers notable guidance on three fronts: the weight to be attached to inquest conclusions when the Crown Prosecution Service’s (CPS) decides whether or not to bring a prosecution; the position the courts are likely to take in judicial review proceedings when scrutinising the reasonableness of the CPS’s application of the two-stage...

In this issue: UK NSI Act UK mergers UK competition policy EU mergers EU antitrust EU Foreign Subsidies Regulation New and updated content Daily and weekly news alerts Caselex UK NSI Act Government consults on proposed reforms to the NSI Act 2021 mandatory notification regime The UK Government has launched a consultation on proposed revisions to the National Security and Investment Act 2021 (Notifiable Acquisition) (Specification of Qualifying Entities) Regulations 2021, which determine the scope of mandatory filings under the NSI Act. This follows the 2024 statutory review of the NARs and engagement through the 2023 Call for Evidence. The Government sets out targeted adjustments intended to keep the regime proportionate and effective at capturing national security risks in sensitive parts of the UK economy, whilst ensuring that the vast majority of transactions remain outside its reach. Key proposals include: New standalone mandatory notification areas: creating two separate categories for...

Consumer protection legislation applies to businesses generally and to the regulated financial services sector This Practice Note explores the obligations on firms authorised by the Financial Conduct Authority (FCA) under the Financial Services and Markets Act 2000 (FSMA 2000) (herein referred to as ‘firms’) to comply with a central element of consumer protection law, the Consumer Rights Act 2015 (CRA 2015), together with its predecessor, the Unfair Terms in Consumer Contracts Regulations 1999, SI 1999/2083 (UTCCRs). In addition to these statutory duties, firms must follow the FCA’s regulatory rules and take account of guidance relevant to unfair contract terms. Under the CRA 2015, the FCA may challenge firms regarding the fairness and/or transparency of contractual terms and notices in financial services consumer contracts (whether in standard form or individually negotiated) entered into from 1 October 2015. Under the UTCCRs, the FCA may challenge firms regarding the fairness or transparency of contractual terms in standard form financial services contracts entered into before 1 October 2015. ...

CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the abandonment of the transaction on 13 June 2016; it is no longer maintained. See further, timeline and commentary. Case facts Outline UK merger review of Clariant’s intended purchase of the Kilfrost Group’s European aircraft de-icing fluid and rail de-icing fluid business. The deal presented a horizontal overlap in the supply of aircraft de-/anti-icing fluids. Latest developments On 13 June 2016, the CMA stated the investigation was cancelled after the parties chose to abandon the deal. On 10 June 2016, the parties had announced their decision to withdraw following the CMA’s provisional findings and the expectation that the transaction would have been prohibited. Parties Clariant AG: a Swiss-based speciality chemicals company, headquartered near Basle, operating in 150 countries worldwide. Kilfrost plc: a UK-based firm in Newcastle specialising in heating and cooling products. The target business is Kilfrost’s European aircraft de-icing fluid and rail de-icing fluid operations. Kilfrost’s...

Background This Practice Note presents a concise overview of the main themes for comparing the UK and EU approaches to competition in digital markets. Specifically, it examines the regulatory regimes created by the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and Regulation (EU) 2022/1925 on contestable and fair markets in the digital sector, which amends Directive (EU) 2019/1937 and Directive (EU) 2020/1828, the EU Digital Markets Act (EU DMA). What’s happening in the UK? Online platforms and digital advertising have faced intense regulatory attention across the UK, the EU and further afield, including the USA and Australia. Although digital markets can yield major gains for consumers and for wider economies, that scrutiny revealed weakened rivalry stemming from a small cohort of powerful digital businesses active in the market. In the UK, this led to demands for tougher enforcement powers and pre-emptory tools to permit quicker action. That process culminated in the DMCCA 2024, Part 1 of which introduces new regulatory functions granted to the Competition...

We are strong but fair competitors We pursue competition with energy while upholding integrity and complying with all relevant competition laws. These laws exist to protect businesses and consumers from anti-competitive behaviour, and to preserve effective competition. Competition laws forbid 'restraints of trade', covering certain kinds of agreements or conduct involving rivals, customers or suppliers, and can also apply to a single undertaking with a dominant market position...

DEFINITIONS The following terms apply throughout unless context dictates otherwise: parties/governance cover [ Offeree ] (its Directors, General Meeting, Group, Optionholders, Shareholders, Share Plans, Shares, Warrantholders and Warrants) and [ Offeror ] (its Directors, General Meeting, Group, [ Offeror Parent ], boards, shareholders and any [ Offeror ] Shareholder Resolutions). Transaction references include the Acquisition via the Scheme (or, with Panel consent, a Takeover Offer), the Announcement, Conditions, Meetings, Long Stop Date, Offer, Offer Period, Offer Price and the Resolution. Court/regulatory matters comprise the Court, Court Meeting, Court Hearing, Court Order, the Code, Companies Act, CMA, FCA, FSMA, UK Listing Rules/Market Abuse Regulation, Disclosure Guidance & Transparency Rules, the Panel and any Regulatory Information Service. Market/settlement terms include London Stock Exchange, Official List/Daily Official List, Business Day, Closing Price, CREST, Euroclear, CREST Regulations/Manual, certificated or uncertificated form and CREST sponsored member, plus the Registrars and Registrar of Companies. Scheme mechanics span the Scheme Document and Explanatory Statement, Forms of Proxy, Effective/Effective Date, Voting and Scheme Record Times, Scheme Shareholders/Shares,...

1 What is a dawn raid? A dawn raid refers to an unannounced attendance by the police or investigators from another prosecuting authority to search premises where they suspect a business or individual has been involved in criminal conduct. Teams commonly arrive first thing in the morning (hence the term ‘dawn’), with the surprise element intended to secure, protect and preserve evidence. Methods are often robust and forceful, meaning the organisation must respond rapidly and appropriately to satisfy its obligations and minimise interference with the day‑to‑day operation of the business. 2 Where do the investigators come from? In the UK, a range of authorities have powers to carry out dawn raids. These may include, but are not limited to: Information Commissioner’s Office (ICO) the police Financial Conduct Authority (FCA) Serious Fraud Office (SFO) HM Revenue & Customs (HMRC) Competition and Markets Authority (CMA) Health and Safety Executive (HSE) 3 What are the chances of a...