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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 Sole traders, informal partnerships and outdated partnership deeds are common.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
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Mergers The CMA approved the proposed purchase by (i) Outbrain Inc. of Teads S. A., and (ii) Altice Teads S. A. of a minority shareholding in Outbrain Inc.......
Antitrust Commission launches consultation on the Transfer Technology Block Exemption The Commission has opened a consultation on possible revisions to Regulation 316/2014, which applies Article 101(3) TFEU to categories of technology transfer agreements, known as the technology transfer block exemption regulation ( TTBER), together with its related Guidelines on the application of Article 101 TFEU to technology transfer agreements ( Guidelines). In November 2024, it released evaluation findings indicating that both the TTBER and the Guidelines remain pertinent and have, to a large extent, succeeded in promoting the effective, efficient and consistent application of EU competition rules for technology transfer agreements. Nonetheless, the assessment also pinpointed aspects where the TTBER and the Guidelines could be refined to bolster legal certainty and better mirror recent developments in the marketplace. This process seeks views on the options under consideration at present......
Market studies Court of Appeal dismisses application to appeal concerning emergence communication services The Court of Appeal handed down its judgment in Airwave Solutions Ltd & Ors v CMA, determining Motorola Solutions Inc.’s ( Motorola) request for permission to appeal the CAT’s judgment of 22 December 2023, which upheld the CMA’s decision contained in its final report dated 5 April 2023, as set out therein, on the market investigation into the supply of land mobile radio network services for public safety in Great Britain (the CMA’s 2023 decision). The Court of Appeal ultimately refused the application. Background The CMA’s 2023 decision concerns the provision of mobile communications to local and national emergency services under the ‘ Airwave Network’ in Great Britain, specifically. The CMA concluded that, once the original contractual term governing that supply had expired, the terms on which the services were delivered gave rise to an...
Court of Justice delivers ruling on Italian reference: 90-day deadline for the Italian Competition Authority to open an investigation may contravene Article 102 TFEU The Court of Justice has handed down its judgment in Case C-511/23, Caronte & Tourist, a reference from Italy asking whether a domestic rule, as interpreted in national case law, that sets a 90-day limit for the Italian Competition Authority to commence investigations could conflict with Article 102 TFEU. The question referred was whether that temporal restriction is incompatible with Article 102 TFEU. Background Caronte & Tourist ( C& T) operates a ferry service across the Strait of Messina, where it enjoys a near-monopoly position in that area. On 24 March 2018, the Italian Competition Authority ( AGCM) received a consumer complaint alleging excessively high prices for C& T’s ferry service and requested the opening of an...
Subsidy control UK subsidy control regime: Department for Business and Trade publishes updated statutory guidance The Department for Business and Trade ( DBT) has issued an updated edition of the statutory guidance for the Subsidy Control Act 2022. This guidance clarifies the legal responsibilities of public authorities operating within the domestic subsidy control framework. The original version was released by the Department for Business, Energy and Industrial Strategy ( BEIS) in November 2022, shortly before the Act came into force on 4 January 2023. Subsequent revisions were made in June and December 2023......
State aid General Court dismisses action regarding Commission’s decision approving capital injections from Post Nord Group to Post Danmark The General Court has delivered its ruling in Case T-334/22, Danske Fragtmænd v Commission, concerning a legal action brought against the Commission’s decision of 10 September 2021, which approved capital injections in favour of Post Nord and Post Danmark ( SA.49668) and is referred to as the Commission’s 2021 decision. The General Court declared the appeal inadmissible. Background Danske Fragtmænd A/ S (the applicant) is a company established under Danish law, operating on the Danish market for the road transport of goods and for parcel distribution services. Post Danmark is Denmark’s national postal operator and has been entrusted with the universal service obligation since its establishment in 1995. It is a wholly owned subsidiary of Post Nord, which is incorporated in Sweden and owned by the Danish State (40%) and the...
Market studies CMA publishes provisional findings in cloud services market investigation; recommends new digital markets investigation The CMA has issued provisional conclusions from its market investigation into the provision of public cloud infrastructure services in the UK. The authority made a market investigation reference in October 2023, following a market study of the sector. In that study, the CMA judged there were reasonable grounds to suspect that a feature, or a combination of features, in the market for the UK supply of public cloud infrastructure services may prevent, restrict, or distort competition. It has provisionally determined that high levels of overall concentration, together with barriers to entry and expansion, have conferred significant unilateral market power on Amazon Web Services ( AWS) and Microsoft across the UK cloud services market. The CMA also provisionally considers this market power to be further reinforced by various...
Court of Justice rules on German reference, confirming sawmills’ right to consolidate antitrust claims The Court of Justice has delivered its judgment in Case C‑253/23 ASG 2, a reference from Germany assessing whether national rules that prohibit assigning antitrust damages claims to legal service providers are compatible with Article 101 TFEU, Directive 2014/104/ EU, and Article 47 of the Charter of Fundamental Rights of the European Union. Background In 2009, the Federal Cartel Office ( FCO) adopted a commitment decision under German law and Article 101 TFEU regarding the Land of North Rhine‑ Westphalia and other Länder involved in marketing roundwood (the 2009 commitment decision). In 2012, the FCO commenced a new investigation into market conditions concerning the Land of Baden‑ Württemberg. Relying on that inquiry, the FCO annulled the 2009 commitment decision and issued a prohibitory injunction. The Federal Court of Justice...
Subsidy control The Subsidy Advice Unit has issued its final report giving advice to Derry City and Strabane District Council regarding the proposed subsidy for CODA ( Operations) Limited—see the further report Note— For all decisions referred to the Subsidy Advice Unit under the Subsidy Control Act 2022, see the UK subsidy control—ongoing cases tracker Upcoming dates For dates of forthcoming UK competition developments, see the UK Competition calendar......
Mergers The Commission: granted conditional approval for International Paper Company’s acquisition of DS Smith Plc ( M.11565) following a phase I review—see also, press release approved Caisse de dépôt et placement du Québec and Ontario Teachers' Pension Plan Board obtaining joint control of Connexa Limited ( M.11836) after a phase I review—see also, Midday Express authorised the formation of a joint venture by Permira Holding Limited and Basic Net S.p. A. ( M.11808) after a phase I assessment—see also, Midday Express The Commission received filings for: Novo Holdings/ TA Associates/ Biocomposites ( M.11853) (simplified merger procedure) Nokia/ Infinera ( M.11663)...
Mergers The CMA has opened its phase 1 inquiry into the completed purchase of Capita One Limited by MRI Software LLC—see further, case page. NOTE— For all current mergers before the CMA, see further, UK mergers—ongoing cases tracker. Subsidy control The Subsidy Advice Unit has agreed a request to produce a report offering advice to the Welsh Government on its proposed Welsh Government Affordable Housing Scheme—see further,......
Mergers The Commission authorised: the securing of joint control over Dow Infra Co LLC by Dow Inc...
In this issue: UK Competition Policy UK private actions UK Subsidy control EU State aid Daily and weekly news alerts New and updated content Caselex UK Competition Policy Caselex UK Competition Policy Doug Gurr appointed as interim Chair of CMA following resignation of Marcus Bokkerink The Department for Business and Trade ( DBT) and the CMA published a joint press release confirming that the Secretary of State for Business and Trade has accepted the resignation of CMA Chair Marcus Bokkerink and named Doug Gurr as interim Chair. The release explains that the move followed a meeting between the Business Secretary and the Chancellor and senior regulators, who were urged to ‘tear down the barriers hindering business and refocus their efforts on promoting growth’. Gurr’s temporary appointment is described as being ‘in a bid to boost growth and support the economy’. Bokkerink embarked on a five-year term as CMA Chair in September 2022. Gurr...
Antitrust Estonia fined for failure to implement ECN+ Directive The Court of Justice delivered its judgment in Case C-577/23, Commission v Estonia, a proceeding triggered by Estonia’s omission to transpose Directive ( EU) 2019/1 (the ECN+ Directive)—legislation designed to empower national competition authorities ( NCAs) to enforce EU competition rules more effectively. The Court concluded that Estonia had breached its obligations under Article 34 of the directive and Article 258 TFEU. Consequently, it ordered Estonia to pay the Commission a lump sum of €400,000, together with a daily penalty of €3,000, due to its failure to implement the ECN+ Directive within the required period. Background Adopted in December 2018, the ECN+ Directive seeks to ensure that NCAs are provided with sufficient independence, resources, and enforcement powers to give full effect to Articles 101 and 102 TFEU. Member States were obliged to transpose the directive into...
Mergers The Commission approved the establishment of a joint venture between DP World Logistics Europe B. V. and Arcese Transporti S.p. A...
Subsidy control The Subsidy Advice Unit has issued its final report, setting out guidance to Belfast City Council on its planned subsidy to Mid and East Antrim Borough Council—see further, report. The Subsidy Advice Unit has also released its concluding report advising City of Doncaster Council on its proposed subsidy to Fly Doncaster Limited—see further, report. NOTE— For all decisions referred to the Subsidy Advice Unit under the Subsidy Control Act 2022, see further, UK subsidy control—ongoing cases tracker. Private actions The CAT has published the application in Mr Patrick Mc Auley v Faculty of Advocates Services Ltd, a damages claim under section 47A of the Competition Act 1998, brought by Mr Mc Auley against the Faculty of Advocates Services Ltd, alleging infringements of Chapter I and Chapter II of the Competition Act 1998—see further, summary of...
Mergers The Commission approved the acquisition of exclusive control over Simon Hegele Group by Nippon Express Holdings, Inc...
Competition Policy Doug Gurr appointed as interim Chair of CMA following resignation of Marcus Bokkerink The Department for Business and Trade ( DBT) and the CMA issued a formal joint statement confirming that the Secretary of State for Business and Trade has accepted the resignation of the CMA Chair, Marcus Bokkerink, and that Doug Gurr has been named interim Chair. According to the statement, these changes came after a meeting the Business Secretary and the Chancellor held with leading regulators, who were urged to ‘tear down the barriers hindering business and refocus their efforts on promoting growth’. Mr Gurr takes on the interim role ‘in a bid to boost growth and support the economy’. Mr Bokkerink commenced a five-year term as the CMA Chair in September 2022. Mr Gurr presently serves as Director of the Natural History Museum. He previously held senior roles as...
Mergers Commission cleared: (i) Luxshare Limited taking sole control of one LEONI AG segment and (ii) Luxshare Limited with Mr Stefan Pierer taking joint control of another segment, following phase I ( M.11783)—see Midday Express; and GTCR LLC and Insight Venture Management, LLC acquiring joint control of Tricentis Corporation after phase I ( M.11834)—see Midday Express Notifications: BNPP LCtief/ MET 6/ Arkolia ( M.11831) (simplified); Pinnacle Media/ Redbird/ NAI/ Paramount ( M.11744) (simplified); Repsol/ Bunge/ BISA ( M.11575) (normal); Nissan/ Mitsubishi/ JV ( M.11865) (simplified) NOTE— For live merger investigations before the Commission, see further, EU mergers—ongoing cases tracker Antitrust The Commission issued Summary Decision, Advisory Committee’s Opinion, and Hearing Officer’s Final Report in Teva—see further, Summary Decision, Opinion of the Advisory Committee and Final Report of the Hearing Officer NOTE— For live behavioural investigations before the Commission, see EU behavioural...
Private actions The CAT issues judgment determining ‘carriage dispute’ regarding two applications to commence damages action against Amazon Marketplace; Professor Andreas Stephan proceedings more suitable for certification than claim raised by BIRA The CAT has released its judgment in BIRA Trading Limited v Amazon.com, Inc and others and Professor Andreas Stephan v Amazon.com, Inc and others, addressing a ‘carriage dispute’ between two applications to commence collective proceedings under section 47B of the Competition Act 1998 against Amazon. The first application was advanced by BIRA Trading Limited; the second by Professor Andreas Stephan. Both proposed collective actions bundle stand-alone claims for damages said to flow from alleged infringements by Amazon of Article 102 TFEU (up to 31 December 2020) and of the Chapter II prohibition of the Competition Act 1998, all arising from the operation of Amazon Marketplace in the UK. In each case, the...
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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 ]...
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