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 Sole traders, informal partnerships and outdated partnership deeds are common.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
Mergers The Commission gave approval for: the acquisition granting joint control of EV Holdings Limited to ADNOC Drilling Company P. J. S. C. and Alpha Dhabi Holding P. J. S. C.......
Mergers The Commission has authorised: the purchase of sole control of Kidde Fire Protection LLC and Carrier Fire & Security B. V. by Lone Star Funds XII, L. P. ( M.11722), following a phase I investigation—see further in Midday Express the purchase of sole control of Marine Olie by STX Commodities Holding B. V. ......
Mergers The CMA has issued the complete text of its Phase 1 clearance decision concerning the proposed acquisition transaction by Acerinox, S. A.......
In this issue: UK digital markets UK market studies EU mergers EU State aid Daily and weekly news alerts New and updated content Caselex UK digital markets CMA publishes letter to the Secretary of State for Business and Trade asking for approval of the digital markets competition regime The CMA has written to the Secretary of State for Business and Trade seeking approval of its guidance for the digital markets competition regime created by the Digital Markets, Competition and Consumers Act 2024 ( DMCCA). Under the DMCCA, the CMA is required to publish guidance explaining its new roles and powers for the digital markets competition regime, which must receive the Secretary of State’s approval. A draft of the proposed guidance was issued for consultation in May 2024. After considering stakeholder input, the CMA states it is confident the...
Nuctech’s five pleas Nuctech advanced five pleas in its application to set aside the Commission’s decision. The General Court found three inadmissible because they were not sufficiently substantiated: that the Commission violated Nuctech’s right to the inviolability of business premises and its right to privacy; that the decision was arbitrary owing to inadequate evidence; and that Nuctech’s rights of defence were breached. The remaining two were examined on their merits: first, that the Commission breached public international law by requiring Nuctech to supply documents stored on servers in China; and, secondly, that compliance with the decision would inadvertently cause Nuctech to infringe Chinese law... Commission has power to request information located outside the EU In addressing the first plea—alleging a breach of public international law arising from a request for documents held in China—the Court noted it is commonplace for the Commission to issue an...
Mergers GXO/ Wincanton merger referred to phase 2 The CMA referred to phase 2 the completed acquisition of Wincanton Plc ( Wincanton) by GXO logistics, Inc ( GXO) after GXO chose not to offer proposed undertakings in lieu. GXO is the world’s largest contract logistics services company. Wincanton is a British firm providing the same services. Both GXO and Wincanton deliver mainstream contract logistic services ( CLS) to business clients in retail (such as groceries, fashion, and apparel) and non-retail sectors (such as manufacturing and construction). On 1 November 2024, the CMA announced that the transaction met the threshold for a phase 2 reference. During phase 1, the CMA found that the deal gives rise to a realistic prospect of an SLC, stemming from horizontal and unilateral effects in the supply of mainstream CLS in the UK......
Antitrust Meta fined €797m for abusive practices benefiting Facebook Marketplace The Commission delivered an infringement decision and imposed penalties totalling €797.72m on Meta for infringing Article 102 TFEU by distorting competition in the online classified advertising markets. Its investigation concluded that Meta is dominant in the EEA-wide market for personal social networks, as well as in national markets for online display advertising on social media. In particular, the inquiry found that Meta abused its dominance by: tying its online classified ads service ( Facebook Marketplace) to its personal social network ( Facebook); and imposing unfair trading conditions on rival online classified ads services that advertise on Facebook or Instagram. These findings were set out in the Commission’s decision in detail. Alongside the fines, the Commission ordered Meta to put an effective stop to the conduct, to refrain from repeating the...
Subsidy control The Subsidy Advice Unit has agreed to prepare an advisory report for: the Department for Energy Security and Net Zero ( DESNZ) about its planned Contracts for Difference Clean Industry Bonus Subsidy Scheme—see further, the case page Tees Valley Combined Authority ( TVCA) about its intended subsidy to Jomast Developments Limited—see further, the case page DESNZ about its proposed subsidy to Cromarty Firth Port Authority—see further, the case page NOTE— For all decisions and matters referred to 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, the UK Competition calendar......
Subsidy control The Subsidy Advice Unit has agreed to produce a report offering guidance to the Department for Energy Security and Net Zero in relation to its planned subsidy arrangements for Industrial Carbon Capture ( ICC) and Waste ICC business models—see further, the case page. NOTE— For all decisions notified to the Subsidy Advice Unit under the Subsidy Control Act 2022, see further, UK subsidy control—cases tracker. Upcoming dates For details of forthcoming UK competition developments, see further, UK Competition calendar......
Mergers The Commission authorised: the shift to joint control over Mars Debtco Limited by the Onex Corporation Qatar Holding LLC ( M.11723), following a phase I investigation—see further, Midday Express the deal granting sole control of Banca Progetto S.p. A......
Mergers General Court rejects appeals against Commission’s clearance of Vodafone’s purchase of Liberty Global’s cable business In Cases T-58/20 Net Cologne v Commission, T-64/20 Deutshe Telekom v Commission and T-69/20 Tele Columbus v Commission, the General Court delivered rulings on challenges to the Commission’s 18 July 2019 decision conditionally approving Vodafone’s acquisition of Liberty Global’s telecommunications activities in Germany, the Czech Republic, Hungary and Romania. The Court dismissed all three actions. It held that the Commission had rightly concluded the merging parties were not competitors in the markets for the retail supply of TV signal transmission services in Germany. Background On 9 May 2018, Vodafone agreed to buy Liberty Global’s operations in Germany, the Czech Republic, Hungary and Romania. The Commission was notified of the transaction on 19 October 2018. On 18 July 2019, following an in-depth phase 2...
Subsidy control The Subsidy Advice Unit has agreed requests for advisory reports to: Arts Council England on its proposed Extension Awards over £1m subsidy scheme—see further, case page Scottish Enterprise on its proposed Capital Investment Scheme—see further, case page NOTE— For all decisions referred to the Subsidy Advice Unit under the Subsidy Control Act 2022, see further, UK subsidy control—cases tracker Antitrust The CMA has updated case details regarding its ongoing investigation into suspected infringements of the Chapter I prohibition of the Competition Act 1998 involving exchanges of competitively sensitive information by housebuilders in Great Britain—see further, case page The CMA issued its ninth update (for Q2 and Q3 2024) on Google’s implementation of the binding commitments accepted to tackle competition concerns in Google’s ‘ Privacy Sandbox’ browser changes...
Mergers The application in Case T-507/24, Kingspan Group v Commission, has now been made public; it appeals the Hearing Officer’s ruling of 19 July 2023 in Case M.10962— Kingspan Group ( Article 14(1) proceedings)—see further, application The Commission formally approved: AXA Assicurazioni Sp A’s acquisition of sole control of Nobis Compagnia di Assicurazioni Sp A ( M.11665) following a phase I investigation—see further, Midday Express the acquisition of joint control of Grandi Stazioni Retail S.p. A by OMERS Infrastructure European Holdings B. V. ......
Mergers The Commission has received notifications for: DK/ Ysco ( M.11673) (simplified merger procedure) Sick/ EH/ EHA ( M.11692) (simplified merger procedure) The Commission has issued in the Official Journal a Commission Notice concerning Implementing Regulation ( EU) 2024/2776 of 31 October 2024, which corrects Implementing Regulation ( EU) 2023/914 implementing Council Regulation ( EC) No 139/2004 on the control of concentrations between undertakings and repealing Commission Regulation ( EC) No 802/2004—see also the Commission Notice. NOTE— For details of all live merger investigations before the Commission, please refer to the EU mergers—ongoing cases tracker. Upcoming dates For dates of forthcoming EU competition developments, see the EU Competition calendar......
Market studies CMA releases interim findings from its UK market study of infant and follow-on formula The CMA has issued an interim report from its UK market study into infant and follow-on formula, outlining its provisional findings. For the purposes of this study, infant formula covers infant and follow-on formulas as set out in European Commission Regulation 2016/127, along with products labelled as foods for special medical purposes that can be supplied without prescription under Regulation 2016/128. The CMA is also considering the segment for growing-up and toddler milks marketed for children aged over one year. It found the market to have a highly concentrated structure and as noted in findings......
Digital markets CMA issues a letter to the Secretary of State for Business and Trade, seeking consent for the digital markets competition regime. The CMA has confirmed it has dispatched official correspondence to the Secretary of State for Business and Trade requesting sign-off of its guidance, as drafted, for the new digital markets competition framework, which arises under the Digital Markets, Competition and Consumers Act 2024 ( DMCCA)......
In this issue: UK antitrust UK mergers UK private actions UK market studies UK subsidy control EU antitrust EU State aid EU digital markets Lex Talk®Competition: a Lexis®Nexis community Daily and weekly news alerts New and updated content Caselex UK antitrust CAT holds Deckers breached the Chapter I prohibition concerning restrictions on the sale HOKA running shoe brand The CAT handed down its judgment in Up & Running ( UK) Limited v Deckers UK Ltd, a damages action brought by Up and Running ( UK) Limited ( Up & Running) against Deckers UK Limited ( Deckers), alleging an infringement of the Chapter I prohibition under the Competition Act 1998 in relation to the sale of the HOKA running shoe brand. The CAT found that Deckers infringed the Chapter I prohibition by...
State aid Court of Justice dismisses Ryanair’s appeal against aid for Finnair’s COVID-related recapitalisation The Court of Justice delivered its judgment in Case C- 588/22 P Ryanair v Commission, arising from an appeal against the General Court’s ruling in Case T- 657/20, which rejected a bid to annul the Commission’s approval of Finnish State aid to recapitalise Finnair ( SA.57410). The Court of Justice dismissed the appeal in full. Background Finnair is Finland’s national airline. In June 2020, Finland notified the Commission of a planned recapitalisation for Finnair, worth between €499m and €512m, as part of its COVID-19 response......
Antitrust General Court largely dismisses action against Commission’s infringement decision regarding cartel in sector for suprasovereign bonds, sovereign bonds and public agency bonds denominated in US dollars The General Court has delivered its judgment in Joined Cases T-386/21, Crédit agricole and Crédit agricole Corporate and Investment Bank v Commission, and T-406/21, UBS Group and Credit Suisse Securities ( Europe) v Commission. These actions challenged the Commission’s decision of 28 April 2021, which identified an infringement and levied fines on several banks for their participation in the secondary trading market within the EEA for supra-sovereign, sovereign and agency ( SSA) bonds denominated in US dollars ( Case AT.40346). The General Court largely dismissed the actions, thereby sustaining the Commission’s conclusions and penalties concerning conduct on the relevant secondary market for US dollar‑denominated SSA...
Mergers Boparan/ For Farmers ( Burston and Radstock mills) merger meets the test for reference to phase 2 The CMA has published its decision on the expected takeover by Boparan Private Office Limited, via 2 Agriculture Limited (2Agriculture), of For Farmers UK Limited’s Burston and Radstock feed mills, meeting the test for reference to phase 2. For Farmers, based in the Netherlands, is a European producer and supplier of animal feed. 2Agriculture, a Boparan subsidiary, is among the UK’s largest poultry feed providers by volume and directs its output to Hook 2 Sisters, a Boparan‑linked company, as well as to farmers on the open market. At phase 1, the CMA concluded that the deal gives rise to a realistic prospect of an SLC due to horizontal effects in the supply of poultry feed to third‑party customers across several local areas in East Anglia (...
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
