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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 Sole traders, informal partnerships and outdated partnership deeds are common.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 has approved Sonoco Products Company’s completed purchase of the Eviosys group, acquired from entities managed by KPS Capital Partners LP and Crown Holdings, Inc, following a phase one inquiry—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 to prepare a report offering advice to HM Treasury on its proposed Business Rates Relief for Film Studios scheme—see further, case page NOTE— For all referrals considered by the Subsidy Advice Unit under the Subsidy Control Act 2022, see further, UK subsidy control—cases tracker Upcoming dates For timings of forthcoming UK competition developments, see further, UK Competition calendar......
Mergers The Commission has been notified of the following merger notifications: Midea/ Arbonia ( M.11570) (standard merger procedure) Unicredit/ CNP Unicredit Vita ( M.11805) (standard merger procedure) GTCR/ Insight Partners/ Tricentis ( M.11843) (simplified merger procedure) Itochu/ Kawasaki Heavy Industries/ Kawasaki Motors Retail Finance JV ( M.11820) (simplified merger procedure) NOTE— For all ongoing merger enquiries before the Commission, see the EU mergers—ongoing cases tracker Upcoming dates For timings of forthcoming EU competition developments, refer to the EU Competition calendar......
In this issue: UK antitrust UK mergers UK competition policy UK subsidy control EU antitrust EU State aid Daily and weekly news alerts New and updated content Caselex UK antitrust CMA launches investigation into suspected bid rigging by companies providing roofing and construction services The CMA has confirmed it has opened a probe into potential anti-competitive behaviour that could infringe the Chapter I prohibition under the Competition Act 1998. The suspected conduct concerns bid-rigging linked to the provision of roofing and other construction services for schools able to seek support from the Department for Education’s Condition Improvement Fund ( CIF). CIF grants are distributed each year by the Department for Education ( Df E) and can comprise sizeable amounts. The funding is primarily directed at schools with premises in poor condition, supporting projects that tackle health and safety issues and building compliance. The CMA says it has grounds to suspect that several firms...
State aid Commission launches consultation on proposed revision of the State aid Aviation Guidelines The Commission has confirmed it has opened a consultation, presented as a questionnaire, on targeted proposals to revise the rules on state aid for airports and airlines (the Aviation Guidelines). Adopted in 2014, the Aviation Guidelines define the conditions under which certain state support granted to airlines and airports is deemed compatible with the single market. In 2023 they were updated to prolong the 10-year transitional period for operating aid for all regional airports by an additional three years, to April 2027, in light of the effects of the COVID-19 pandemic. As part of the Commission’s State aid ‘fitness check’, the Aviation Guidelines were assessed, identifying a need for revision to clarify the framework and ensure full alignment with the objectives of the Green Deal. The Commission is...
Antitrust CMA launches investigation in the construction sector regarding suspected bid rigging by companies providing roofing and construction services The CMA has begun a probe into alleged anti-competitive conduct that may infringe the Chapter I prohibition of the Competition Act 1998, centring on suspected bid-rigging connected to the supply of roofing and other construction services for schools eligible to apply for support from the Department for Education’s Condition Improvement Fund ( CIF). CIF funding is issued annually by the Department for Education ( Df E) and can involve sizeable sums. It is largely directed at schools with buildings in poor condition, including projects that tackle health and safety concerns and building compliance. The CMA indicates it has grounds to suspect that several providers of roofing and construction services — including building contractors and technical advisers — unlawfully colluded to manipulate bids to secure contracts financed through the CIF. The...
Antitrust Consultation launched on Vifor’s commitments to end CMA’s abuse probe into disparaging treatment in iron treatment market The CMA has opened a consultation on proposed commitments aimed at resolving concerns that Vifor Pharma ( Vifor) abused a dominant position by issuing misleading statements about a competing intravenous iron therapy. By way of context, on 31 January 2024 the CMA began an investigation into whether Vifor—the maker of Ferinject, an intravenous iron deficiency treatment—curbed competition by disseminating misinformation to healthcare professionals about the safety of a rival product, Monofer, which is supplied by Pharmacosmosa, a family-owned specialist pharmaceutical company. To address the CMA’s competition concerns, Vifor has put forward several commitments, including: Paying £23m to healthcare systems across the four nations, reflecting worries that the claims may have caused financial harm to the NHS. Contacting healthcare...
Mergers The Commission approved: the establishment of a joint venture by For Farmers N. V. and team agrar Gmbh ( M.11697) following a phase I review—see Midday Express for further details the acquisition of (i) exclusive control of Navig8 Topco Holdings Inc. by Abu Dhabi Marine Business and Services Company P. J. S. C., and (ii) joint control of Integr8 Fuels Holding Inc. by Navig8 Limited and the Abu Dhabi National Oil Company ( M.11653) after a phase I review—see Midday Express for more Commitments were filed in Case M.11481 Synopsys/ ANSYS ( M......
Subsidy control The Department of Business and Trade has issued subsidy control principles assessment guidance for public authorities. The Department of Business Trade and Trade ( DBT) released two publications: (i) a new subsidy control principles assessment guide; and (ii) an assessment guide covering Subsidies or Schemes of Interest ( SSo Is) and Subsidies or Schemes of Particular Interest ( SSo PIs). These guidance documents supersede the previous subsidy control principles assessment template. Their purpose is to assist public authorities to record and collate the evidence, analysis and conclusions from their evaluations of whether individual subsidies and subsidy schemes align with the subsidy control principles established under the Subsidy Control Act 2022......
Mergers The Commission approved: the purchase of joint control of Activ Software Holdings LLC by Vista Equity Partnership Management LLC and Warburg Pincus LLC ( M......
UK Competition Appeal Tribunal delivers uncommon ruling on the application of competition law to online sales constraints ( Up & Running v Deckers) Re: Up & Running ( UK) Ltd v Deckers UK Ltd [2024] CAT 61 What was the background? The defendant, Deckers, distributes running footwear, including models sold under the HOKA label. The claimant, Up & Running, had long retailed HOKA shoes, with supply coming from Deckers. Though Up & Running chiefly sold HOKA products via a chain of physical shops and stores, it also offered them on its site, upandrunning.co.uk. When the Covid-19 pandemic struck in 2020, Up & Running was left holding significant unsold inventory that it could not move through its bricks and mortar retail outlets. While it needed to discount this stock to clear it, it was reluctant to do so on its primary website,...
Antitrust A new appeal has been filed before the Court of Justice in Case C- 826/24, challenging the General Court’s ruling in T- 334/19, which in part upheld an action to annul the Commission’s Google Ad Sense decision ( AT.40411). NOTE— For all live antitrust appeals before the Court of Justice, see further, Court of Justice appeals—ongoing cases tracker Mergers The Commission cleared, after a phase I investigation: the acquisition of Catalent by Novo Holdings ( M.11486)—see further, press release the acquisition of sole control of Uniper Hungary Energetikai Kft by Veolia Environnement S. A. ( M.11515)—see further, Midday Express the creation of a joint venture by TPG Inc. and The Prudential Assurance Company Limited ( M.11799)—see further, Midday Express The...
Private actions In the Consumers’ Association (“ Which?”) v Apple Inc and ors, the CAT publicised an application to begin collective proceedings on an opt-out basis, pursuant to section 47B of the Competition Act 1998......
Court of Justice rules on Latvian reference concerning Article 101 TFEU and limits in car warranties The Court of Justice has delivered its judgment in Case C- 606/23, Tallinna Kaubamaja Grupp and KIA Auto, following a national reference from Latvia. The referring court sought clarification on the application of Article 101 TFEU to agreements that introduce restrictions connected with car warranties... Background The request arose in proceedings between ‘ Tallinna Kaubamaja Grupp’ AS and ‘ KIA Auto’ AS, on one side, and the Konkurences padome ( Competition Council) on the other. It concerns a financial penalty imposed in relation to the conclusion of a vertical agreement that introduced limitations regarding the motor vehicle warranty......
Mergers CMA conditionally clears Vodafone/ CK Hutchison JV; CMA accepts behavioural remedy involving legally binding investment commitments and measures to protect customers The CMA has published the final report of its phase 2 assessment into the proposed joint venture between Vodafone Group Plc and CK Hutchison Holdings Limited ( CK Hutchison), concerning Vodafone Limited ( VUK) and Hutchison 3G UK Limited (3UK). 3UK is owned by CK Hutchison. VUK and 3UK are among the four leading providers of mobile telecommunication services in the UK. The other two network operators in the UK are BTEE and Virgin Media O2......
In this issue: UK competition policy UK digital markets UK NSI Act UK antitrust EU mergers EU antitrust EU State aid Lex Talk®Competition: a Lexis®Nexis community Daily and weekly news alerts New and updated content Caselex UK competition policy DMCCA 2024: DBT publishes government’s response to consultation on turnover and control regulations The Department for Business and Trade ( DBT) has released the government’s reply to its consultation on three draft statutory instruments ( SIs), which have now been completed and placed before Parliament. For the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024), the trio of SIs specifies the method for estimating or computing turnover and defines the conditions under which a person is regarded as having control of an enterprise......
Mergers The CMA has invited comments regarding the completed purchase by Topps Tiles Plc of certain assets from Tildest Realisations Limited (formerly CTD Tiles Limited)—see further, the relevant case page The CMA has invited comments regarding the proposed acquisition by Bidvest Group ( UK) Plc (phs Group) of Citron Hygiene LP—see further, the relevant case page NOTE— For all current mergers before the CMA, see further, the UK mergers—ongoing cases tracker Market studies The CMA has updated and revised its administrative schedule for its ongoing market investigation into the provision of public cloud infrastructure services across the UK. The CMA had planned to release its provisional decision for consultation during November or December 2024. The updated administrative timetable now indicates the provisional decision will be published in January 2025. Response hearings will also be held in February and March 2025...
Mergers The Commission has approved: the takeover conferring sole control of Nordic Paper Holding AB by Strategic Value Partners, LLC ( M.11773) following a phase I investigation—see further, Midday Express the acquisition granting sole control of EST Europe Holdings B. V.......
Antitrust CMA publishes an open letter to local authorities and local transport bodies regarding street furniture contracts containing exclusivity clauses The CMA has sent an open letter setting out the results of its recent engagement with JCDecaux, one of the biggest providers of street‑furniture advertising, to inform both local authorities and local transport bodies. It relates to street‑furniture contracts that feature exclusivity terms governing the display of advertising......
Antitrust An appeal has been filed at the Court of Justice in Case C- 819/24 P, Qualcomm v Commission, challenging the General Court’s judgment in Case T- 671/19, which largely upheld the action to annul the Commission’s Qualcomm predatory pricing decision ( AT.39711). Note— For live antitrust appeals—see Court of Justice appeals—ongoing cases tracker. Mergers Following a phase I review, the Commission cleared the joint control of SICK Engineering Gmb H by SICK AG and Endress+Hauser AG, and EH’s sole control of SICK MAIHAK ( Beijing) Co. Ltd. plus certain SICK distribution assets ( M.11692)—see Midday Express. Notifications: Vista/ Blackstone/ Smartsheet ( M.11774) (simplified); Constantia/ Aluflexpack ( M.11536) (normal). Public versions: phase I decision in BPOST/ STACI ( M.11558); phase 2 conditional decision in Vivendi/ Lagardere ( M.10433). The Official Journal carries the Commission’s...
Private actions The CAT issued a collective proceedings order (dated 29 November 2024) ( CPO) in Dr Sean Ennis v Apple Inc and Others, regarding an application made to pursue opt-out collective proceedings brought by Dr Sean Ennis, under section 47B of the Competition Act 1998, alleging an abuse of dominance by Apple within the i OS app distribution market......
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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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