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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 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...
This Checklist sets out the principal jurisdictional aspects of the UK merger control regime and provides practical direction for assessing whether to voluntarily notify a transaction to the Competition and Markets Authority (CMA), or alternatively, whether a tactical decision might be to proceed without notification in the hope of ‘flying under the radar’. Characteristics of the UK merger control system The merger control system of the UK diverges from most other jurisdictions in a number of respects: the UK’s merger control regime is voluntary by virtue of its non-suspensory nature...
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...
Businesses involved in cartel conduct may come forward as whistleblowers to secure reduced penalties. This means co-operating with the Competition and Markets Authority (CMA), supplying information on the cartel and those taking part, and setting out full details of the business’s own role in the arrangement...
In this issue: Key developments and materials Electricity and gas market regulation, licensing and taxation Renewable energy Capacity Market, balancing services and energy system flexibility Hydrogen, CCUS and emerging technologies Nuclear energy Planning issues in energy projects Air emissions, efficiency, and climate change New and updated content Dates for your diary Trackers Energy resources on Lexis+® Daily and weekly news alerts Key developments and materials DESNZ announces accelerated measures to boost UK energy security DESNZ has unveiled a suite of actions to reinforce and speed up the UK’s energy security in light of events in the Middle East. For the first time, ‘plug-in solar’ will be permitted in the UK. The department plans to advance the next annual renewables auction to July 2026 and has confirmed that the government will adopt the Fingleton Review’s recommendations to hasten delivery of nuclear power stations. It has also moved to safeguard consumers, working...
In this issue: Advertising, marketing and sponsorship Brexit Contracts International Sale and supply of goods Supplier management Supply of services LexTalk®Commercial: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship The Competition and Markets Authority (CMA) has released a practical compliance guide (the Guidance) on environmental claims for fashion brands, drawing on the principles in its Green Claims Code (the Code). It has also encouraged 17 fashion brands to revisit their green claims in light of the Guidance. In their article, Nigel Parr, partner, Christopher Eberhardt, counsel, and Olivia Spong, associate, at Ashurst, set out the main insights from the Guidance and consider the potential consequences for businesses both inside and beyond the fashion industry, including effects on internal procedures and engagement across supply chains. See News Analysis: CMA publishes guidance on environmental claims in the fashion sector. ASA rulings—2...
In this issue: Advertising, marketing and sponsorship Consumer protection Contracts Data protection E-commerce International Public procurement Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q&A Advertising, marketing and sponsorship ASA rulings—21 August 2024 One complaint was lodged with the Advertising Standards Authority (ASA) about a sponsored Facebook post by Just Eat.co.uk Ltd t/a Just-Eat.co.uk that featured McDonald’s products high in fat, salt or sugar (HFSS), querying whether the ad had been directed at children. The ASA upheld the complaint. See: LNB News 21/08/2024 11. CMA accepts Meta's updated ad data use rules The Competition and Markets Authority (CMA) has accepted Meta’s updated commitments on the use of advertising data. Following the CMA’s May 2024 consultation on Meta’s varied commitments regarding its ad data practices, Meta will introduce a new model ensuring all advertisers can use Facebook Marketplace without their data being used...
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...
ARCHIVED: This Practice Note is archived and no longer maintained. For insight on what to look out for in 2025, see Practice Note: Corporate Crime horizon scanner—2025 [Archived]. This note outlined the principal legal changes affecting corporate crime practitioners in the UK during 2024. For developments in 2023, see Practice Note: Corporate Crime horizon scanner—2023 [Archived]. Key primary legislation For information on primary legislation and the status of government bills relevant to corporate crime that were introduced in the House of Commons or the House of Lords during 2024, see Practice Note: Corporate Crime bills tracker—2024 [Archived]. Key secondary legislation For upcoming secondary legislation of interest to corporate crime lawyers as at 2 January 2025, consult Practice Note: Corporate Crime horizon scanner—2025 [Archived]. Ongoing consultations/calls for evidence Ongoing consultations of potential interest to UK corporate crime lawyers include: Closing date: 22 January 2025 — The Competition and Markets Authority (CMA) has opened a consultation on draft guidance describing its...
This table outlines all concluded investigations by Spain’s competition authority (the National Commission on Markets and Competition—the CNMC) into alleged cartels, anti-competitive agreements and abuses of dominance (Articles 101/102 TFEU and national equivalents) since 2018. Note—only investigations made public are included. 2026 Investigations under Article 101 TFEU/Article 1 of the Spanish Competition Act Case name, companies under investigation and industry: Professional hairdressing products • I.C.O.N Issues: Restrictive agreements—price fixing Developments: Infringement decision issued—12/01/2026; fines totalling €1.2m imposed Investigations under Article 102 TFEU/Article 2 of the Spanish Competition Act Case name, companies under investigation and industry: Automotive fuels • Repsol Comercial de Productos Petrolíferos • Solred • Campsa Estaciones de Servicio Issues: Concerns the Repsol Group abused its dominant position through its pricing policy that squeezed the margins of independent low-cost petrol stations Developments: Infringement decision issued—03/02/2026; fines totalling €20.5 imposed 2025 Investigations under Article 101 TFEU/Article 1 of the Spanish Competition Act ...
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...
1 Introduction 1.1 A dawn raid may take place at any company, whether large or small, so all organisations should remain alert to the chance that one could occur. 1.2 What is a dawn raid? 1.2.1 A dawn raid is an unannounced attendance by the police and/or investigators from another prosecuting authority to search premises and collect material where there is a suspicion that the business or a person connected with it has engaged in criminal conduct. 1.2.2 During such a visit, investigators may: examine paper and digital records review and remove documents, electronic data and devices, and question staff 1.3 Who can carry out a dawn raid? The range of prosecutors and regulators empowered to conduct dawn raids has grown in recent years. Law Enforcement Agencies able to do so include (without limitation) the Serious Fraud Office, the Financial Conduct Authority, the police, the Health and Safety Executive, the Competition and Markets Authority...