Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

CMA definition

What does CMA mean? In practice, CMA refers to the UK’s competition and markets authority, the national competition regulator that investigates mergers, cartels and abuse of dominance and enforces consumer protection law. The body is created and named by statute (Enterprise and Regulatory Reform Act 2013) and exercises powers principally under the Competition Act 1998 and the Enterprise Act 2002, now complemented by the Digital Markets, Competition and Consumers Act 2024. Key functions include UK merger control (Phase 1/Phase 2), market studies and market investigations, antitrust enforcement with administrative fines, acceptance of commitments and remedies, criminal cartel enforcement, director disqualification, and consumer law enforcement....

UK Competition Appeal Tribunal upholds CMA’s infringement decision on Ping’s online sales ban as a restriction by object; fine reduced to £1.25m

Published by a LexisNexis Competition expert

Practice notes

CASE HUB NOTE—Appeal lodged before the Court of Appeal (C3/2018/2863)

ARCHIVED – this case hub reflects the position as at the decision of 7 September 2018 and is no longer maintained or updated. See further the timeline, commentary and related cases.

Case facts

Outline

Appeal brought by Ping Europe Limited against the CMA’s decision concerning Ping’s prohibition on online sales in the golf equipment Sector in this case, case number 1279/1/12/17, challenging that restriction.

Latest development

On 7 September 2018, the CAT handed down its judgment in the matter. It rejected Ping’s submissions on the CMA’s substantive findings and sustained the infringement. However, the CAT held the CMA miscalculated the penalty by counting director involvement as an aggravating feature, and accordingly reduced the fine to £1.25m at that time. On 18 September 2018, the CAT made an order further prolonging the suspension of the CMA’s directions stemming from its infringement decision against Ping.

Parties

Ping Europe Limited (Ping) is a UK-based manufacturer of a range of golf equipment, producing clubs, bags and other related accessories...

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