Featured documents
R (Greyhound Board of Great Britain Ltd) v Welsh Ministers [2026] EWHC 670 (Admin) What are the practical implications of this case? The ruling reinforces the constitutional divide between the courts and the legislature. It explains that the scheme and framework of the Government of Wales Act 2006 (GWA 2006) embody that separation of powers, and that any judicial attempt to recognise and enforce a common law obligation on Welsh Ministers to consult prior to introducing legislation in the Senedd would trespass upon that boundary. This is not a departure from established principle; case law has already upheld comparable rules for lawmakers in Scotland and at Westminster. However, this is the first express confirmation of the position for Welsh lawmakers, and the first time this dimension of the GWA 2006 has been analysed in such depth. The court examined earlier
The solution arrived through the United Nations Compensation Commission (UNCC), a quasi‑judicial body handling mass claims, created under UN Security Council Resolution 687. By addressing environmental harm—most notably via its ‘F4’ claim class—the UNCC set a seminal benchmark shaping how international law and contemporary arbitral panels allocate financial responsibility for wartime ecological devastation. With present-day wars in areas such as Eastern Europe and the Middle East bringing dam breaches, strikes on chemical facilities, and the burning of farmland, the UNCC’s legacy endures as an essential reference point for states, global investors, and companies engaged in post‑conflict arbitration. The F4 claims: Quantifying the unquantifiable Prior to the 1990s, mechanisms in international law for war reparations overwhelmingly favoured property loss, foregone earnings, and bodily injury. The natural world was commonly treated as a mute, non-compensable victim of armed hostilities...
Understanding the farming business as a business Many farms still use long-standing structures that arose by habit, not strategy. Sole traders, informal partnerships and outdated partnership deeds are common. While once effective, such setups can cause major issues around succession, tax planning and involving the next generation. A corporate team can take a fresh, business-led view of the farm, asking: Who owns the land and other critical assets? Who manages daily operations? Who carries the risk and who enjoys the return? What is the enduring plan for succession? From this review, the team can confirm whether the current setup is fit for purpose or if an alternative — for example an updated partnership agreement, a company, a limited liability partnership, or a blended model — would better meet the family’s aims. Tax efficiency through joined-up advice Tax sits at the centre of most
Most recent News
Private actions CAT dismisses ‘ Boundary Fares’ abuse of dominance claims against train operating companies The CAT has handed down its first trial judgment in three parallel collective proceedings brought by class representative Justin Gutmann against train operators, alleging abuse of dominance in the sale of ‘ Boundary Fares’ contrary to the Chapter II prohibition of the Competition Act 1998. The proceedings were: Justin Gutmann v First MTR South Western Trains Limited and Another Justin Gutmann v London & South Eastern Railway Limited Justin Gutmann v Govia Thameslink Railway Limited & Others The defendants— South Western Railway ( SWR), London & South Eastern Railway ( LSER) and Govia Thameslink Railway ( GTR)—were accused of infringing competition law; the Tribunal dismissed the abuse claims. Background ‘ Boundary Fares’ are top‑up tickets for Travelcard users, permitting travel from the outer edge of a...
Mergers The Commission approved: establishment of a joint venture ( Sofon MRO Company) by Sofon Industries Company and ST Engineering Marine Ltd ( M.12134) following a phase I review—see further, Midday Express the purchase that grants sole control over FIAMM Energy Technology S.p. A. ......
State aid Court of Justice upholds General Court’s judgment in Dutch gambling licensing State aid case The Court of Justice has handed down its formal ruling in Case C- 59/24 P Netherlands v European Gaming and Betting Association and Commission, concerning an appeal lodged against the General Court’s judgment in Case T- 167/21, which had entirely quashed the Commission’s 2020 decision that the renewal of Dutch gambling licences did not amount to State aid ( SA.44830). The Court of Justice therefore dismissed the Netherlands’ appeal and confirmed the General Court’s judgment, leaving that outcome intact. Background In 2020, the Commission determined that renewing Dutch licences for sports betting, horse racing, lotteries and casinos did not fall within State aid under Article 107(1) TFEU (the Commission’s 2020 decision). It concluded that licence holders were permitted to keep only the income needed to meet costs and obtain a...
In this issue: UK mergers UK private actions UK antitrust UK market studies UK digital markets EU antitrust EU State aid EU FDI EU Digital markets Daily and weekly news alerts Caselex Caselex UK mergers Constellation Developments Limited/ ABVR Holdings Limited merger referred to phase 2 The CMA has referred to phase 2 the completed purchase by Constellation Developments Limited ( Constellation) of ABVR Holdings Limited ( Aston Barclay), following Constellation’s choice not to offer undertakings in lieu. Constellation forms part of a broader group active in used-vehicle remarketing and retail throughout the UK and Europe. It controls British Car Limited, a business‑to‑business ( B2B) used‑vehicle auction business, and We Buy Any Car Limited (trading as webuyanycar), a consumer car‑buying service. Aston Barclay likewise provides B2B used‑vehicle auction services in the UK and runs a...
Mergers CMA consults on proposed changes to merger remedies guidance The CMA has opened a consultation on updates to its merger remedies guidance ( CMA87), as part of its continuing efforts to keep the UK merger control framework effective, firmly evidence-led, and responsive to businesses and consumers across the UK (the Draft Guidance). This consultation follows the CMA’s March 2025 call for evidence on its remedies approach, and sits within the authority’s broader roll‑out of the ‘4Ps’ principles—pace, predictability, proportionality, and process—across all its merger work more widely. The proposals are intended to update and clarify how the CMA designs, selects, and implements merger remedies in practice, while offering increased transparency and greater flexibility in application. In particular, the CMA now proposes to: Broaden the scope for behavioural remedies further......
Market studies CMA unveils provisional decision on veterinary services for household pets market inquiry; finds the market is underperforming and sets out a major reform package The CMA has issued its provisional decision arising from its market investigation into the provision of veterinary services for household pets. Background On 23 May 2024, the CMA resolved to make a market investigation reference, under section 131 of the Enterprise Act 2002, concerning the supply of veterinary services for household pets in the UK, including the supply of prescribed veterinary medicines for those pets. On 9 July 2024, the CMA released its issues statement identifying six principal theories of harm that underpin the investigation into veterinary services for household pets. These included worries that pet owners lack adequate information to select suitable veterinary practices or treatments, that consolidation has concentrated local markets, and that large integrated groups may behave in ways that...
Antitrust Commission fines Gucci, Chloé, and Loewe €157m for RPM The Commission adopted decisions finding that Gucci, Chloé, and Loewe contravened Article 101 TFEU by operating resale price maintenance across the EEA ( AT.40840, AT.40880, AT.40881). It levied penalties of €157.4m on the three fashion houses. The Commission determined that, between 2015 and 2023, the brands limited their independent retailers’ ability to set resale prices for luxury fashion products, both online and offline......
Antitrust General Court dismisses Red Bull’s action against the Commission’s decision to carry out dawn raids The General Court has delivered its judgment in Case T-306/23, Red Bull and Others v Commission, concerning a challenge to the Commission’s decision of 8 March 2023 authorising inspections at Red Bull’s premises in several EU Member States (the Commission’s 2023 decision). The Court rejected the action in full. Background On 21 March 2023, the Commission announced that, on 20 March 2023, it had carried out unannounced inspections at the premises of a company operating in the energy drinks sector, including Red Bull, across multiple EU Member States. Red Bull’s sites in a number of Member States were among those subject to these dawn raids. On 30 May 2023, an action was lodged against the Commission’s 2023 decision on the basis that the allegations it contained were manifestly...
Antitrust CAT strikes out Scottish solicitor’s competition claim against Faculty of Advocates The CAT handed down its judgment in Patrick Henry Mc Auley v Faculty of Advocates Services Ltd, a damages action contending that the Faculty of Advocates’ (the Faculty) decision not to supply services to a solicitor holding a restricted practising certificate infringed Chapter I and Chapter II of the Competition Act 1998 ( CA 1998). It concluded that the Faculty’s actions were covered by the “legal requirement” exemption in Schedule 3 to the CA 1998 and thus could not amount to anti-competitive conduct. Accordingly, the CAT struck out the claim......
State aid Commission publishes staff working document finding State aid rules on guarantees still relevant but can be updated The Commission has issued a Staff Working Document presenting the results of its evaluation of the Commission Notice on the application of Articles 87 and 88 of the EC Treaty to State aid in the form of guarantees (the “ Guarantee Notice”). This Notice explains how the Commission evaluates State-backed guarantees for loans and other financial instruments... Commenced in August 2022, the review set out to determine whether the Guarantee Notice remains fit for purpose, with attention to its ongoing relevance, effectiveness, and consistency within the wider State aid framework... Background The Guarantee Notice clarifies how Member States can ensure that State guarantees reflect market terms and therefore do not amount to State aid......
Mergers Constellation Developments Limited/ ABVR Holdings Limited merger referred to phase 2 The CMA has referred to phase 2 the completed purchase by Constellation Developments Limited ( Constellation) of ABVR Holdings Limited ( Aston Barclay), after Constellation chose not to provide proposed undertakings in lieu. Constellation forms part of a larger group active in used vehicle remarketing and retail throughout the UK and Europe. It controls British Car Limited, a business-to-business ( B2B) used vehicle auction operator, and We Buy Any Car Limited (trading as webuyanycar), a consumer car buying service. Aston Barclay also supplies B2B used vehicle auction services in the UK and runs a car buying business via The Car Buying Group. On 29 September 2025, the CMA announced that the transaction met the test for reference to a phase 2 investigation. At phase 1, the CMA found that the deal gives rise to an SLC...
Private actions CAT issues judgment on liability in power cables cartel follow-on action brought by London Array The CAT has delivered its judgment on liability in London Array Limited & Others v Nexans France SAS & Others, a claim for damages under section 47A of the Competition Act 1998 brought by London Array Limited ( London Array) and others against Nexans France S. A. S. and Nexans S. A (together, Nexans). The action is anchored in the European Commission’s (the Commission) Power Cables decision ( AT.39610) of the Commission, which determined that 11 manufacturers of high-voltage underground and submarine power cables, including Nexans, had participated in a market-sharing arrangement in breach of Article 101 TFEU. Background: London Array and its joint venture partners, RWE Renewables, Ørsted and Masdar, have pursued a follow-on damages action under section 47A of the Competition Act 1998 against Nexans in those...
State aid Commission extends validity of rescue and restructuring State aid guidelines to end of 2026 The Commission confirmed a one-year prolongation of the current Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty, thereby keeping them in force until 31 December 2026. This step safeguards continuity and legal clarity in applying the existing regime, while the Commission completes its ongoing review and revision of the framework. First adopted in July 2014, the Guidelines enable Member States to provide support to companies facing financial distress, subject to strict conditions that are carefully intended to minimise distortions of competition......
In this issue: UK digital markets UK competition policy UK private actions EU State aid Daily and weekly news alerts New and updated content UK digital markets CMA publishes updated G7 compendium on competition in digital markets The CMA has released a refreshed edition of the G7 compendium setting out approaches to enhancing competition in digital markets. Compiled by the Competition Bureau Canada for Canada’s G7 presidency in 2025, it builds on earlier editions overseen by the CMA (2021), the Bundeskartellamt (2022) and the Japan Fair Trade Commission (2023). The compendium collates contributions from competition authorities in Canada, France, Germany, Italy, Japan, the UK, the USA and the European Commission. It reports on enforcement actions and advocacy work in digital markets, initiatives to bolster internal expertise, statutory and reform measures, and cooperation with...
State aid — Court of Justice rules on Romanian references regarding the retrospective application of a corrected EU Regulation in a State aid dispute The Court of Justice has delivered its ruling in Joined Cases C- 416/24 On Air Media Professionals and C- 417/24 Different Media, national references from Romania asking whether, among other matters, the retrospective application of a corrected Romanian-language version of an EU regulation allows national authorities to recover State aid granted under the original Romanian text, having regard to the principles of legal certainty and the protection of legitimate expectations. Background On 27 August 2020, under the Temporary Framework to support the economy in the context of the COVID-19 outbreak, the Commission approved a Romanian scheme to assist SMEs and certain larger enterprises. The scheme was subsequently put into effect in Romania by order. Article 4(1) of that order...
Mergers Other developments The Commission approved the purchase of shared control of Production Resource Group, L. L. C...
Private actions CAT refuses Kerilee Investment Limited’s application to set aside strike-out in action against International Tin Association The CAT delivered its judgment in Kerilee Investments Limited v International Tin Association Limited, proceedings initiated, pursuant to section 47A of the Competition Act 1998, by Kerilee Investments Limited ( Kerilee) against International Tin Association Limited ( ITA), contending that ITA had abused its dominant position by preventing Kerilee’s membership and excluding it from International Tin Supply Chain Initiative conflict mineral due-diligence scheme......
Mergers Other developments The Commission authorised: the purchase of shared control of Eiffel 65 SAS by Mr Armand Thiberge, Oakley Viking Luxco S.à.r.l., and General Atlantic Bloom B. V.......
Competition policy: CMA publishes guidance on reporting competition and consumer law concerns On 7 October 2024, the CMA released guidance that explains how to submit a complaint about suspected anti-competitive behaviour or breaches of consumer law, and sets out what complainants should expect once their complaint has been filed. Background Complaints—excluding those concerning cartels, which follow a separate route—can be made using the CMA’s online form, or by telephone or email......
Mergers Other developments The Commission approved the deal for joint control of Greysbridge Holdings Ltd, involving Arch Capital Group Ltd, TPG Inc., Kelso & Company L. P......
Popular documents
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
Discover more from LexisNexis
