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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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Booking.com and Booking.com ( Deutschland) Case C-264/23 What are the practical implications of this case? The Court of Justice judgment carries particular substantive weight for online platforms. It provides unambiguous direction that, in the Court’s assessment, neither wide nor narrow parity clauses fulfil the criteria of an ancillary restraint, as they are not objectively required for carrying out the principal operation. Consequently, such provisions cannot be treated as collateral to the core service. In this matter, the principal operation is the supply of online hotel reservation services by platforms such as Booking.com. Although, in specific instances and depending on the precise business model, advancing an ancillary-restraint justification may not be entirely out of the question, the obstacles to doing so are exceptionally high, and the evidential burden is significant. For Booking.com itself, the ruling has limited...
Mergers CMA consults on proposed remedies package in Vodafone/ Three phase 2 merger investigation The CMA has issued a remedies working paper outlining and setting out its detailed analysis and provisional view, at this stage, on the suitable remedy to tackle the SLC and the consequent harms identified in its September provisional findings in its phase 2 probe into the anticipated joint venture between Vodafone Group Plc and CK Hutchison Holdings Limited, relating to Vodafone Limited ( VUK) and Hutchison 3G UK Limited (3UK). On 13 September, the CMA reached a provisional view that the deal would be likely to give rise to an SLC in the UK markets for the provision of retail mobile telecommunications services and for wholesale mobile telecommunication services. For further details on the CMA’s ongoing phase 2 decision, see Vodafone/ CK Hutchison JV. The CMA’s paper records a...
Competition policy Speaking at the Autorité de la concurrence in Paris, the European Central Bank ( ECB) president, Christine Lagarde, stressed that a ‘pro-competition’ stance is vital if Europe is to deliver on its policy ambitions, notably the Green and Digital transitions. She underscored the importance of measures that uphold fair rivalry, curb monopolistic outcomes and keep regulatory frameworks consistent with wider EU aims, see further—press release Mergers The Commission cleared the acquisition of joint control of Terminale GNL Adriatico S.r.l. by Snam S.p. A and VTTI B. V ( M.11568) following a phase I review, see further— Midday Express The Commission received notifications for: FNAC DARTY/ UNIEURO ( M.11662) (simplified merger procedure) BMWK/ MOF NDS/ Meyer Germany ( M.11733) (simplified merger procedure) NOTE— For...
Private actions CAT refuses permission to appeal regarding CPO granted in Road Haulage Association collective damages action The CAT issued its ruling in Road Haulage Association Limited v Man SE and Others on consequential issues—permission to appeal and costs—arising from its judgment granting a collective proceedings order ( CPO) for the Road Haulage Association Limited ( RHA) to pursue damages against a number of truck makers. On 2 August 2024, after the Court of Appeal remitted questions about a potential conflict following largely unsuccessful appeals against an earlier CAT decision, the CAT appointed a new entity, RHA Used Trucks Ltd ( RUTL), as sub-class representative for claims concerning used trucks and made a CPO in favour of RHA as class representative. DAF sought permission to appeal, alleging that the funding structures for RHA and RUTL failed properly to reflect the Court of Appeal’s...
Digital markets Commission announces Apple’s operating system i Pad OS must comply with all relevant obligations under the Digital Markets Act The Commission stated it plans to assess whether Apple adheres to all its duties under Regulation 2022/1925 on contestable and fair markets in the digital sector ( Digital Markets Act) with respect to i Pad OS. It intends to verify Apple’s compliance with every applicable obligation under the Act as it relates to the i Pad OS platform specifically......
Mergers GXO/ Wincanton merger meets the test for reference to phase 2 The CMA announced its decision that the completed takeover of Wincanton Plc ( Wincanton) by GXO Logistics, Inc ( GXO) satisfies the threshold for a phase 2 reference. GXO is the world’s biggest contract logistics services provider, while Wincanton is a British supplier of the same. Both companies deliver mainstream contract logistics services ( CLS) to business clients across retail (for example, groceries, fashion and apparel) and non-retail fields (for example, manufacturing and construction). At phase 1, the CMA concluded the deal creates a realistic prospect of an SLC due to horizontal unilateral effects in the UK supply of mainstream CLS. The CMA highlighted that GXO and Wincanton are close competitors, notably when vying for contracts from large retail customers. It also found that although GXO will still face rivals among other...
Antitrust CAT holds Deckers breached the Chapter I prohibition concerning restrictions on the sale HOKA running shoe brand The CAT has delivered its judgment in Up & Running ( UK) Limited v Deckers UK Ltd, stemming from a damages claim issued by Up & Running ( UK) Limited ( Up & Running) against Deckers UK Limited ( Deckers). Up & Running alleged a breach of the Chapter I prohibition in the Competition Act 1998 relating to sales of the HOKA running shoe brand. These proceedings focused on restrictions affecting the sale of HOKA running shoes. The claim sought damages for the alleged breach. The CAT found that Deckers had breached Chapter I by placing restrictions on the sale of the running shoes. Background Up & Running operates a retail business specialising in running footwear and accessories. Deckers had previously supplied HOKA-branded running shoes to Up &...
Mergers The Commission was notified of: Australiansuper/ Digitalbridge/ Swiss Life/ Dbuph ( M.11796) (simplified merger procedure) Carlyle/ Seidor Solutions and Logistics ( M.11736) (simplified merger procedure) Veolia Environnement/ Unipher Hungary Energetikai ( M.11515) (normal merger procedure) CDPQ/ Engie/ FHH ( M.11781) (simplified merger procedure) NOTE— For all live merger investigations before the Commission, see further, the EU mergers—ongoing cases tracker Upcoming dates For dates of forthcoming EU competition developments, see further, EU Competition calendar......
Competition policy UK/ EU conclude technical negotiations for a future competition cooperation agreement The Commission stated it has concluded technical talks with the UK on a competition cooperation accord between the EU and the UK (the Competition Cooperation Agreement). The Competition Cooperation Agreement will act as a ‘supplementing agreement’ to the EU– UK Trade and Cooperation Agreement ( TCA), which allows for the possibility of a separate agreement on competition cooperation......
Competition policy UK/ EU conclude technical negotiations for a future competition cooperation agreement The Department for Business and Trade has confirmed the completion of technical talks with the European Commission (the Commission) on a UK- EU competition cooperation arrangement (the Competition Cooperation Agreement). The Competition Cooperation Agreement is intended to serve as a supplement to the EU- UK Trade and Cooperation Agreement ( TCA), which provides for the option of a distinct agreement dedicated to cooperation on competition matters......
Competition policy Autumn Budget 2024—key competition law announcements In the Autumn Budget 2024, on 30 October 2024, the Chancellor of the Exchequer, the Rt Hon Rachel Reeves MP, set out a series of updates concerning the CMA: The CMA is allocated £139.4m for 2024–25 and £14.4m for 2025–26 to strengthen competition for the benefit of consumers. This package includes backing for the Digital Markets Unit, created to supervise a new regulatory framework for major digital companies, encouraging competition and innovation, and safeguarding consumers and business from unfair practices. In step with plans to introduce a statutory open data scheme for road fuels prices— Fuel Finder—the government intends to bring into effect the CMA’s road fuels information gathering powers under the Digital Markets, Competition and Consumers Act 2024 by January 2025. For further information, see Autumn Budget...
Mergers The Commission has issued the latest Competition Merger Brief ( Issue 3/2024), highlighting an April 2024 conference commemorating 20 years since the current EU Merger Regulation took effect—see further, Competition merger brief, Issue 3, October 2024. NOTE— For all ongoing EU competition law legislation, guidance and other policy developments, see further, EU competition horizon scanning—2024 and beyond. Foreign Subsidies Regulation The Commission has received the following notifications: Hankook Hire & Technology/ Hanon Systems ( FS.100119) JPP/ INAPA ( FS.100154) NOTE— For all live Foreign Subsidies Regulation investigations before the Commission, see further, Foreign Subsidies Regulation—ongoing cases tracker. State aid The Commission has approved, under EU State aid rules, a Danish measure valued at €724m to reduce the rate of a new greenhouse gas emissions tax for certain companies—see further, press release. NOTE— For all live State aid decisions and live formal State aid...
Mergers CAT dismisses application against CMA decisions to refuse confidential treatment of parts of phase 1 decision and phase 2 issues statement in T& L Sugars/ Tereos merger The CAT has handed down its judgment in Tereos SCA & Tereos UK & Ireland Limited v CMA, arising from an application by Tereos SCA and Tereos United Kingdom and Ireland Limited ( TUKI) (together, Tereos) seeking review of the CMA’s decisions on withholding confidential material from the public versions of certain documents. The CMA’s inquiry related to the proposed acquisition by T& L Sugars ( TLS) of TUKI’s UK packing and distribution facility and its business-to-consumer operations. In the course of that investigation, the CMA supplied Tereos with draft iterations of its phase 1 decision and the phase 2 issues statement (for further information on the CMA’s phase 2...
Antitrust Court of Justice dismisses Commission’s Intel appeal The Court of Justice delivered its judgment in Case C-240/22, Commission v Intel, an appeal directed at the General Court’s 2022 ruling in Case T-286/09 RENV (after referral back from the Court of Justice), which had partially overturned the Commission’s decision of 13 May 2009 finding an infringement and imposing a fine on Intel Corporation ( Intel) for alleged abuse of dominance involving conditional rebates and loyalty payments ( Case AT.37990). The Court of Justice dismissed the Commission’s appeal. Background In 2009, the Commission levied fines of €1.06bn on Intel (the Commission’s 2009 decision). It concluded that Intel had misused its dominant position in the x86 microprocessors market by awarding loyalty rebates to certain customers and to a distributor of desktop computers. First General Court appeal Intel challenged the Commission’s 2009 decision before the General Court. In 2014, the General Court...
Competition policy CMA publishes State of UK Competition Report 2024 The CMA has released its second State of UK Competition report. The government commissioned the CMA to produce these reports, with the inaugural edition appearing in November 2020 and the next in April 2022. The purpose of the report is to set out evidence and analysis on competition and market power across the UK economy. This third instalment has been produced by the CMA’s specialist Microeconomics Unit. The CMA regards this as its most far-reaching review so far of how effectively competition functions in the UK. In summary, the report concludes that examining the core indicator of market power (cost mark-ups) shows the UK has experienced a slight softening of competitive intensity over the past 25 years over the long term......
In this issue: UK Market studies EU antitrust EU State aid Lex Talk®Competition: a Lexis®Nexis community Daily and weekly news alerts New and updated content Caselex UK Market studies Government responds to the CMA’s housebuilding market study; accepts many of the CMA’s recommendations The Ministry of Housing, Communities and Local Government ( MHCLG) has set out the Government’s reply to the CMA’s recommendations in the final report of its housebuilding market study. The CMA concluded the sector is failing to serve consumers effectively, and proposed steps to tackle: the private stewardship of public amenities on estates; the standard of new-build homes; and the level of service delivered by housebuilders. The Government has welcomed the report and concurs with its findings, signalling a firm resolve to secure better outcomes across housebuilding. Working alongside industry, it intends to foster a fairer and more...
Mergers The CMA has commenced its phase 1 investigation and has also issued an invitation to comment on the anticipated acquisition of Britvic PLC by Carlsberg UK Holdings Limited—see the case page for further details. NOTE— For all live mergers before the CMA, please see the UK mergers—ongoing cases tracker......
Antitrust Commission fines České dráhy and ÖBB €48.7m for collective boycott The Commission has adopted an infringement decision against České dráhy (ČD) and Österreichische Bundesbahnen (ÖBB) for conspiring to stop the newcomer Regio Jet from obtaining second-hand wagons, thereby curbing competition in the passenger rail market. Penalties amounting to €48.7m were imposed on both companies. As ÖBB cooperated with the Commission under the 2006 Leniency Notice, it benefited from a 45% reduction in its fine. Regio Jet entered the long-distance rail passenger market in Czechia in 2011. To challenge ČD and ÖBB, it primarily depended on used coaches. The investigation concluded that, between 2012 and 2016, ČD and ÖBB coordinated to preserve their market position and obstruct Regio Jet’s growth both within Czechia and on the cross-border Prague– Vienna route, in breach of Article 101 TFEU. In particular, the two operators aligned their conduct in sales...
Mergers The Commission: gave conditional approval to JD Sports Fashion Plc Group’s planned purchase of Groupe Courir SAS—see further, press release authorised joint control of Odevo Mid Co AB by Fidelio Capital and CVC Capital Partners Plc ( M.11735) following a phase I review—see further, Midday Express approved Sonoco Products Company’s takeover of the Eviosys Group ( M.11637) after a phase I review—see further, Midday Express cleared Waterland Private Equity Investments B. V. to acquire sole control of Lebara Group B. V. ( M.11712) post phase I review—see further, Midday Express The Commission has received filings for: Investcorp/ PSP/ PKF O’ Connor Davies...
Market studies Government responds to the CMA’s housebuilding market study; accepts many of the CMA’s recommendations The Ministry of Housing, Communities and Local Government ( MHCLG) has issued the Government’s reply to the CMA’s recommendations set out in the final report of its housebuilding market study undertaken. The CMA concluded that outcomes for consumers in housebuilding are falling short, and proposed a range of measures to tackle problems linked to the private stewardship of public facilities on new estates, the standard of newly built homes, and the service delivered by housebuilders, and how best to resolve them. The Government has welcomed the CMA’s findings and endorsed the conclusions, expressing a resolve to deliver better results across the housebuilding market......
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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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