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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 Sole traders, informal partnerships and outdated partnership deeds are common.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 Commission approved the joint control acquisition of Bay by Ente Basque Energy and Gunvor Group Lted ( M.11478) following a phase I inquiry—see further in Midday Express The establishment of a joint venture by AB Volvo and Westport Fuel Systems Inc......
Subsidy Control SAU accepted requests from DESNZ/ DBT on the proposed EII Exemption from Nuclear RAB Policy Costs; from DESNZ/ UK Infrastructure Bank on the proposed Sizewell C FID; and from DESNZ on the proposed Sizewell C Devex—see further, case pages. NOTE— For all SAU referrals under the Subsidy Control Act 2022, see further, UK subsidy control—cases tracker. Antitrust CMA extended its Chapter II CA 1998 probe into Google’s Android app distribution, notably Play billing rules; review of responses to proposed commitments continues to June 2024—see further, case page. CMA also prolonged its Apple i OS/i Pad OS inquiry on App Store access terms; analysis now runs from April to June 2024—see further, case page. NOTE— For all live behavioural CMA investigations, see further, UK behavioural investigations—ongoing cases tracker. Private actions The CAT’s order (1 May 2024) in Sports Direct.com Retail Ltd v...
Mergers The Commission approved: Nippon Steel Corporation’s takeover of sole control of United States Steel Corporation ( M.11476) following a phase I review—see Midday Express for details Stonepeak Partners LP and Ørsted A/ S obtaining joint control of OONA Energy Partners 3, LLC ( M.11534) after a phase I review—see Midday Express for details The Commission has received notifications for: Cooper/ Viatris ( European OTC Business) ( M.11383) under the standard merger procedure EEX/ Nasdaq Power ( M.11241) under the standard merger procedure Note— For all ongoing merger probes before the Commission, consult the EU mergers—ongoing cases tracker Antitrust The application ......
Mergers The Commission has received notifications in the following cases: BASF/ Harbour Energy/ Assets of Wintershall DEA ( M.11470) — simplified merger procedure Pavao Vujnovac/ Fortenova Group ( M.11419) — normal merger procedure Russia’s war against Ukraine Under the Temporary Crises and Transition Framework, the Commission has cleared a French aid scheme (worth €80m) to support wine farms in the south of France in the context of Russia’s war against Ukraine — see further, Midday Express. Note — For all Commission decisions adopted under the Temporary Crisis Framework, and the Temporary Crisis and Transition Framework, in the context of Russia’s war against Ukraine, see further, Conflict in Ukraine — EU State aid decisions. Upcoming dates For the dates of forthcoming EU competition developments, see further, EU Competition calendar......
Mergers Lindab/ HAS- Vent merger referred to phase 2 The CMA has escalated to phase 2 the concluded purchase of HAS- Vent Holdings Limited ( HAS- Vent) by Lindab International AB ( Lindab), following Lindab’s decision not to submit proposed undertakings in lieu. Lindab is a ventilation business, based in Sweden and quoted on the Nasdaq Stockholm stock exchange. In the UK, its main operations are via Lindab UK and Ductmann Limited, both producing and supplying ventilation system goods such as ducts and fittings. Lindab runs 21 branches across England and Wales. Its UK presence focuses on the manufacture and distribution of ducts and fittings through these entities. HAS- Vent is a UK-based firm with its head office in Wombourne. It likewise manufactures and distributes ventilation system products, including ducts and fittings, within England and Wales, and has 10 branches in total. On 26 April 2024, the CMA...
Mergers The CMA has released its issues statement concerning the phase 2 probe into the Vodafone/ CK Hutchison JV—see further, issues statement The CMA has issued its final decision and amended undertakings after reviewing the 2020 undertakings provided by Circle Health Holdings Limited in place of a reference for its completed purchase of all the issued share capital of CHC Healthcare Holdings Limited—see further, case page NOTE— For details of all current mergers before the CMA, see further, UK mergers—ongoing cases tracker Upcoming dates For timings of forthcoming UK competition developments, see further, UK Competition calendar......
State aid Commission adopts limited prolongation of State aid crisis tools to further support agriculture and fisheries sectors The Commission announced it will extend, until 31 December 2024, selected measures under the Temporary Crisis and Transition Framework ( TCTF), ensuring ongoing assistance for the primary agricultural, fisheries and aquaculture sectors amid continuing market disruption which are persisting in markets at present. The step comes after consulting Member States on 11 April 2024......
Mergers Alpha Theta/ Serato merger meets the test for reference for phase 2 The CMA has concluded, following its decision, that the planned purchase of Serato Audio Research Limited ( Serato) by Alpha Theta Corporation ( ATC) satisfies the criteria for a phase 2 reference. Based in Japan, ATC markets DJ software worldwide for laptops and desktops via rekorbox, and supplies DJ hardware sold under the Pioneer DJ and Alpha Theta brands worldwide too. ATC additionally offers We DJ, a DJ software product exclusively for mobile and tablet devices. Serato, headquartered in New Zealand, also sells DJ software on a global basis, with sales in the UK as well......
Mergers Secretary of State makes statement to Parliament on Red Bird IMI/ Telegraph Media Group merger Addressing Parliament, the Secretary of State for Culture, Media and Sports provided an update on the proposed takeover of Telegraph Media Group Ltd ( TMG) by RB Investco Ltd, and on her continuing assessment of the deal, which follows a public interest intervention. She confirmed that RB Investco had informed her of its plan to dispose of the call option agreement granting it the right to acquire TMG, thereby in effect stepping back from the purchase......
Antitrust AG issues opinion recommending some FIFA rules on transfer of players may restrict EU competition law Advocate General Szpunar delivered his opinion in Case C‑650/22, FIFA, concerning a national reference from Belgium that seeks clarification on the application of the Fédération Internationale de Football Association’s ( FIFA) rules regulating contractual relations between players and clubs. The provisions at issue, known as the ‘ Regulations on the Status and Transfer of Players’ ( RSTP), were adopted by FIFA, an international organisation responsible for governing football at a global level. Implemented by FIFA together with its member national football associations, these rules apply, among other things, to situations where a dispute arises between a player and a club regarding the termination of a contract without just cause. In such cases, the player and any club wishing to sign him are jointly and severally liable for any...
Antitrust CAT dismisses appeal regarding CMA’s penalty decision in hydrocortisone tablets cartel The CAT delivered its judgment in Allergan plc, Advanz Pharma Corp, Cinven ( Luxco I) S.a.rl and others, Auden Mckenzie ( Pharma) Limited and Accord- UK Limited and Intas Pharmaceuticals Limited and Others v CMA, an appeal pursued by Auden Mckenzie ( Pharma Division) Limited and Accord- UK Limited against a penalty the CMA imposed for breaching the Chapter I prohibition of the Competition Act 1998 concerning the supply of 20mg hydrocortisone tablets. On 15 July 2021, the CMA issued an infringement decision determining that Auden Mckenzie and Actavis UK (now Accord- UK) had contravened the Chapter II prohibition by charging excessively high prices for hydrocortisone tablets, and had also infringed the Chapter I prohibition by paying competitors to remain out of the market under...
Mergers The Commission was notified of Kuwait Petroleum Italia/ Fox Petroli/ Eco Fox ( M.11461) under the simplified review. Applications in Cases C-171/24 P to C-179/24 P ( EVH, Stadtwerke Leipzig, TEAG, Stadtwerke Hameln Weserbergland, eins energie in sachsen, Energie Verbund Dresden, GGEW, Mainova, enercity) appeal General Court rulings upholding the E. ON/ Innogy ( M.8870) decision. State aid Approvals: Romania’s restructuring aid of up to €95.3m for TAROM; Sweden’s amendment to its regional aid map for 31/12/2022–2027. Applications in C-166/24 P and C-167/24 P ( Commission v Ryanair and Malta Air) and in C-192/24 P and C-193/24 P ( Air France- KLM and Société Air France v Ryanair and Malta Air) concern aid for Air France; appeal C-289/24 P relates to KLM’s State loan guarantee and loan. Antitrust Case C-34/24 Stichting Right to Consumer Justice en Sichting App Stores...
Mergers Commission issues statement of objections in its phase 2 investigation into IAG/ Air Europa merger The Commission has sent a statement of objection to International Consolidated Airlines Group, S. A. ( IAG) and Air Europa Holding, S. L. ( Air Europa), concerning its continuing phase II probe into IAG’s planned purchase of Air Europa. Both IAG and Air Europa run broad domestic services across Spain, short-haul links within the EEA, as well as long-haul operations, particularly on air routes to and from Latin America......
Mergers Lindab/ HAS- Vent merger meets the test for reference to phase 2 The CMA has issued its decision concluding that Lindab International AB ( Lindab)'s completed purchase of HAS- Vent Holdings Limited ( HAS- Vent) meets the test for a phase 2 reference. Lindab is a ventilation company, with headquarters in Sweden and listed on the Nasdaq Stockholm exchange......
Mergers CMA adopts new phase 2 investigation process; publishes updated merger guidance and merger notice forms The CMA has released the final updated version of its guidance on jurisdictional and procedural mergers ( CMA2), following a consultation in November 2023. The revisions chiefly concern the way the CMA will run its phase 2 merger investigations. The principal changes are: There will be chances for merging parties to engage directly with the CMA at an early stage. The issues statement will be dropped; instead, the CMA will request submissions on the phase 1 decision. Typically, there will be teach-in sessions and a new initial substantive meeting. In addition, there will be more use of update calls throughout the investigation, alongside broader opportunities for economic experts to interact with the CMA’s experts. An interim report will be issued earlier in the timetable, replacing the...
In this issue: UK antitrust NSI EU antitrust EU state aid EU Foreign Subsidies Regulation Lex Talk®Competition: a Lexis®Nexis community Daily and weekly news alerts New and updated content Caselex UK antitrust High Court backs CMA’s judicial review of CAT’s stance on domestic search warrants; Court confirms the CMA’s power to raid domestic premises In R ( CMA) v CAT, the High Court delivered judgment on the CMA’s application for judicial review of the CAT’s 12 October 2023 ruling, which had refused a warrant to enter and search domestic premises for an investigation under section 25 of the Competition Act 1998 (the CAT’s 2023 ruling). For context, in 2023 the CAT had granted three warrants to search business premises in an inquiry into suspected anti-competitive conduct in the supply of construction chemical admixtures. The CAT considered that the mere existence of a suspected secret cartel was enough to infer a tendency to destroy...
State aid AG issues opinion in Belgium national reference concerning whether VAT treatment for online gambling constitutes State aid Advocate General Kokott has delivered her opinion in Case C‑741/22, Casino de Spa and Others, a national reference from Belgium addressing, among other matters, whether Belgian tax provisions that impose VAT on online gambling while exempting other forms of gambling (including online lotteries) from VAT amount to State aid. She considers that, in so far as the referring court asks about the existence of State aid, such questions are inadmissible. As a principle, those liable for a tax cannot avoid paying by arguing that an exemption granted to other businesses constitutes State aid. Only where a tax is used to favour other businesses is it necessary to examine whether the revenue is applied in a way that is compatible with the State aid rules. That is......
State aid General Court dismisses appeal concerning Spanish aid for the acquisition of ships The General Court has delivered its judgment in Case T-514/14, Hispavima v Commission, on an action contesting the Commission’s decision of 17 July 2013 which found that a Spanish scheme for acquiring ships, relying on leasing and financing via tax relief, involved unlawful State aid ( SA.21233) (the Commission’s 2013 decision). The case concerned that Spanish arrangement as identified in SA.21233. The General Court dismissed the appeal. Under that scheme, a shipowner could have a new vessel built with a rebate on the price charged by the shipyard. To obtain the discounted price (after deducting the rebate), however, the shipping company had to agree not to purchase the vessel directly from the yard, but to buy it from an economic interest grouping ( EIG) incorporated under Spanish law and set up by a...
Mergers The CMA opened an invitation to comment about Amazon.com, Inc’s alliance with Anthropic PDC; see the case page here The CMA launched an invitation to comment in relation to Microsoft Corporation’s hiring of certain former employees of Inflection AI, Inc......
Competition policy The CMA released a speech given by Marcus Bokkerink, the CMA Chair, during the Regulation Forum Chairs’ Summit...
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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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