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 Sole traders, informal partnerships and outdated partnership deeds are common.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
Subsidy control The Subsidy Advice Unit has agreed to prepare a report at the request of the Department for Energy Security and Net Zero on its proposed Capacity Market scheme—see further, case page The Subsidy Advice Unit has issued its concluding report with advice to the Department for Business and Trade on the proposed restructuring subsidy for the Post Office Process Review compensation—see further, report NOTE— For every decision referred to the Subsidy Advice Unit under the Subsidy Control Act 2022, see further, UK subsidy control—cases tracker Competition policy The CMA has begun a review of the Public Transport Ticketing Schemes Block Exemption Order ( Order) to shape its official recommendation to government on whether to replace or amend it ahead of its expiry on 28 February 2026. The Order was introduced in 2001 to exempt specified integrated ticketing schemes, agreed between...
State aid General Court dismisses appeals regarding Spanish aid for the acquisition of ships The General Court delivered its ruling in Joined Cases T- 29/14 Telefónica Gestión Integral de Edificios y Servicios (formerly Taetal) v Commission and T- 31/14 Banco Santander v Commission, brought against the Commission’s decision of 17 July 2013. That decision concluded that a Spanish scheme for purchasing ships, structured around leasing and financing through tax relief, involved unlawful State aid ( SA.21233) (the Commission’s 2013 decision). The Court rejected the actions. Under that arrangement, a shipowner could have a new vessel constructed with a rebate applied to the price set by the shipyard. To benefit from the reduced price (net of the rebate), the shipping company was required to agree to acquire the vessel not directly from the shipyard, but from an economic interest grouping ( EIG) created under Spanish law and...
Subsidy control The Subsidy Advice Unit has released its final report, setting out advice to the Department for Energy Security and Net Zero on its proposed Contracts for Difference for Renewables scheme (as at Allocation Round 6); see further, final report. Note— For all matters referred to the Subsidy Advice Unit under the Subsidy Control Act 2022, see the UK subsidy control—cases tracker. Upcoming dates: For dates of forthcoming UK competition developments, see the UK Competition calendar......
Market studies CMA begins market study on infant formula market The CMA has confirmed it has begun a market study into the UK supply of infant and follow-on formula, following the release of its initial findings and a November 2023 commitment to examine this sector in far greater detail......
Mergers Orange/ Masmovil/ JV conditionally cleared after phase II The Commission has granted conditional approval for the planned creation of a joint set-up by Orange S. A. ( Orange) and Mas Movil ( Mas Movil) following a phase II review ( M.10896). In Spain, Orange and Mas Movil are respectively the second and fourth largest operators, active across both retail and wholesale channels for fixed broadband and mobile services. Spain counts four mobile network operators overall: Telefónica, Vodafone, Orange and Mas Movil. In parallel, multiple mobile and fixed virtual network operators depend on the infrastructure of these network operators to provide consumers with fixed and mobile telecoms services. The Commission raised concerns that the deal could curb competition in the retail markets for mobile and fixed internet services in Spain, whether these are supplied on a standalone basis or bundled...
Mergers The Commission received notifications for: Mitsui/ Osaka Gas/ RWE KK/ JV ( M.11475) – simplified procedure; BNP Paribas Cardif/ BCC Vita ( M.11402) – simplified procedure; KKR/ Veritas/ Cotiviti ( M.11454) – simplified procedure. Note— For all live merger investigations, see further, EU mergers—ongoing cases tracker. State aid New appeals before the Court of Justice: C‑126/24 Uno v Commission and Others, appealing T‑514/20 on SA.50872 ( Spanish compensation to Correos for its USO, 2011–2020) found not to be unlawful aid; C‑124/24 P Asempre v Commission, appealing T‑513/20 on the same decision. Application published in C‑747/23 Duferrco Italia Holding and Duferco Sertubi, a reference from Italy on whether a measure under national law can be ‘aid’ under Articles 107–108 TFEU—see further, application. New action before the General Court: T‑1145/23 Huhtamaki Holding v Commission, challenging refusal of access to a State aid case...
Private actions On 8 February 2024, the CAT issued an order in Michael O’ Higgins FX Class Representative Limited v Barclays Bank PLC and Others. The application, brought by Michael O’ Higgins FX Class Representative Limited, sought to begin collective proceedings under section 47B of the Competition Act 1998, linked to two separate European Commission decisions relating to Foreign exchange spot trading ( AT.40135). By that order, the CAT brought the application for a collective proceedings order to an end—see further, order. For all live UK private actions that have been made public, see UK private actions—ongoing cases tracker. Upcoming dates: for the timetable of UK competition developments, see UK Competition calendar......
Foreign Subsidies Regulation Commission opens first in-depth investigation under the Foreign Subsidies Regulation The Commission has revealed the launch of its inaugural in-depth inquiry under the Foreign Subsidies Regulation ( EU) 2022/2560 (the FSR). This regime sets out a suite of rules designed to remedy distortions stemming from foreign subsidies, including notification requirements (effective since 12 October 2023) relating to specified concentrations as well as involvement in public procurement procedures that feature foreign financial contributions within the EU. They operate to address distortions caused by foreign subsidies. In particular, companies are obliged to notify their EU public procurement tenders when the expected contract value exceeds €250m, and where the company has been awarded at least €4m in foreign financial contributions from at least one third country within the three years preceding notification......
Mergers The Commission authorised the takeover of joint control of V Sports SCS by A- AV LLC, NNS UK Investments and Aston Villa Investors LLC ( M.11438) following a phase I review—see further, Midday Express The Commission has received notifications for: Clearlake/ Insight/ Alteryx ( M.11440) (simplified merger procedure) Ultima/ BTB ( M.11405) (simplified merger procedure) MSD Hospitality/ ARC Capital/ Auberge Resorts ( M.11483) (simplified merger procedure) Mytilineos/ Volterra ( M.11395) (simplified merger procedure) NOTE— For all ongoing merger investigations before the Commission, see further, EU mergers—ongoing cases tracker State aid The Commission, under the EU State aid rules, approved a scheme (worth up to €6.9bn) notified by seven Member States ( France,...
Private actions CAT grants revised CPO against Meta for an alleged abuse of dominance The CAT has handed down its judgment in Dr Liza Lovdahl Gormsen v Meta Platforms, Inc and Others, dealing with a renewed application by Dr Lize Lovdahl (the Proposed Class Representative) for a collective proceedings order ( CPO) under section 47B of the Competition Act 1998, seeking damages from Meta Platforms, Inc, Meta Platforms Ireland Limited and Facebook UK Limited (together, Meta)......
Mergers The Commission cleared the acquisition of sole control of several Stork entities, active chiefly in Belgium, Germany and the Netherlands, by Bilfinger SE ( M.11298) after a phase I investigation—see further, Midday Express. The Commission approved the acquisition of joint control of Geo2link Group SAS by CVC Capital Partners SICAV- FIS S. A. and Keensight Capital SAS ( M.11425) following a phase I investigation—see further, Midday Express. The Commission received notifications in: Lantmännen/ Hkscan Sweden ( M.11442) (simplified merger procedure). BPI France/ Meridiam/ Exoes ( M.11411) (simplified merger procedure). Note— For all live merger investigations before the Commission, see further, EU mergers—ongoing cases tracker. Antitrust The General Court published an order in Case T-156/22, Hyundai Heavy Industries Holdings v Commission, an appeal against the Commission’s decision in Hyundai Heavy Industries Holdings/ Daewoo Shipbuilding & Marine Engineering ( M.9343) seeking annulment of the decision to prohibit the...
Mergers Korean Air Lines/ Asiana Airlines merger conditionally cleared after phase II The Commission has conditionally approved the acquisition of Asiana Airlines ( Asiana) by Korean Airlines Co., Ld ( Korean Air) following a phase II investigation ( M.10149). Both airlines offer international passenger and air cargo services. The Commission was concerned the deal could restrict competition in two areas of concern: air freight transport between Europe and South Korea; passenger air services on routes linking Seoul with certain European destinations, notably Barcelona, Paris, Frankfurt and Rome. It found that Korean Air and Asiana compete directly in carrying cargo and passengers between the EEA and South Korea. Together, they would have been by far the biggest operator on these routes, removing a significant alternative supplier for customers. Rivals face regulatory and other barriers to expanding their services and would have been unlikely to exert...
Mergers The CMA confirmed it has lifted the initial enforcement order made on 28 November 2023 concerning the completed takeover of Lloyds Direct by Pharmacy2U—see further, the case page. Note— For all live mergers before the CMA, see further, UK mergers—ongoing cases tracker. Upcoming dates: For dates of forthcoming UK competition developments, see further, the UK Competition calendar......
Mergers The Commission has been notified of: Onex/ R& Q Accredited ( M.11376) – simplified merger procedure Kingspan/ NWG ( M.11309) – normal merger procedure An appeal has been filed with the General Court in Case T‑1190/23, Illumina v Commission, seeking annulment of the 12 October 2023 decision imposing restorative (divestment and transitional) measures in M.10939, requiring Illumina to unwind its completed acquisition of GRAIL following the prohibition decision—see the application Note— For all live merger investigations before the Commission, see the EU mergers—ongoing cases tracker Antitrust An appeal has been lodged before the General Court in Case T‑1152/23, Servier and Others v Commission, contesting the Commission’s failure to pay the Default Interest Amount Payable and the Compound Interest Amount Payable as...
Mergers The Commission cleared Dachser’s acquisition of sole control of Frigoscandia ( M.11452) and Massachusetts Mutual Life Insurance Company/ Mubadala’s joint control of Kiinteistö Oy Viinikankaski 1 ( M.11403) following phase I inquiries—see Midday Express. Notifications were filed for LPG/ HG/ Iris Software ( M.11455), Rheinmetall/ KNDS/ UAB Lithuania Defense Services JV ( M.11390) and OEP Hitch/ EMC/ CBM ( M.11317) under the simplified procedure—see EU mergers—ongoing cases tracker. State aid The Court of Justice issued an order in C‑522/23 P NO v Commission, rejecting the appeal against T‑771/22 on the Commission’s refusal to act on a complaint about an Irish Solicitors Disciplinary Tribunal aid scheme as partly inadmissible and partly unfounded—see order; see also Court of Justice State aid appeals—ongoing cases tracker. Digital markets In T‑1077/23 Bytedance v Commission, the General Court denied interim measures against the 5 September 2023 gatekeeper designation for Tik Tok under the...
Private actions High Court issues judgment in the UK’s third ever damages claim regarding LDC panels cartel The High Court has handed down its judgment in Granville Technology Group ( In Liquidation) and others v Chungwa Picture Tubes Limited and others, a follow‑on damages action brought against manufacturers of LDC panels that were found by the European Commission (the Commission) to have infringed Article 101 TFEU, in case COMP/39.309— LDC— Liquid Crystal Displays. The ruling is notable as it is only the third cartel damages claim to proceed to a final judgment in the UK, following Britned and the Royal Mail Truck claim......
Mergers CMA provisionally clears Arçelik/ Whirlpool EMEA merger The CMA set out its provisional view as part of its phase 2 investigation into the planned joint venture between Arçelik A.Ş. (through Ardutch B. V.) and Whirlpool Corporation (through Whirlpool EMEA Holdings LLC). The two companies are among the largest suppliers of major domestic appliances ( MDAs) in the UK, including washing machines, tumble dryers, dishwashers and cooking appliances. Arçelik mainly sells MDAs under the Beko, Blomberg and Grundig brands, while Whirlpool supplies MDAs chiefly under the Indesit and Hotpoint brands. The CMA has provisionally cleared the deal, concluding overall the transaction is not expected to give rise to an SLC concerning the supply of MDA products in the UK......
Competition policy Commission adopts revised Market Definition Notice for competition cases The Commission has adopted an updated version of its notice on market definition for the purposes of EU competition law (the Market Definition Notice). The new Market Definition Notice replaces the text issued in 1997. After assessing the 1997 Notice, the Commission determined that it no longer adequately reflected developments in best practice on market definition that have occurred over time since 1997, including the most recent strands of EU case law, changes in market conditions—which today are increasingly digital, global and interconnected—and refinements to the techniques applied. The Commission consulted on a draft revised Notice in November 2022. The final revised Market Definition Notice is designed to deliver guidance that is more accessible, up-to-date and expanded, including practical examples......
In this issue: UK private actions UK subsidy control EU antitrust EU state aid Lex Talk®Competition: a Lexis®Nexis community Daily and weekly news alerts Caselex New and updated content UK private actions CAT rules Hammond’s collective action against Amazon should progress over rival application The CAT handed down a decision in Julie Hunter v Amazon.com, Inc. and others and Robert Hammond v Amazon.com, Inc. & Others, concerning two distinct applications brought to commence opt-out collective proceedings. Both proposed actions are standalone and pursue damages for alleged abuse of dominance linked to Amazon’s behaviour in the market for intermediation services on online marketplaces. In essence, the tribunal addressed the preliminary ‘carriage dispute’, aiming to determine which applicant was best placed to act as the proposed class representative in these proceedings. Having weighed the competing bids, the CAT resolved the...
Antitrust Commission sends Statement of Objections to PPC concerning predatory pricing in the Greek wholesale electricity market The Commission has issued a Statement of Objections to Greek electricity provider Public Power Corporation ( PPC), alleging that, from 2013 to 2019, it supplied power on the Greek wholesale market below cost, thereby excluding key competitors, in breach of Article 102 TFEU. The Commission’s preliminary assessment is that PPC: occupies a dominant position in the interconnected Greek wholesale electricity market; and abused that dominance by offering electricity from its thermal plants (lignite and gas) at prices beneath their variable costs — the costs that rise with the volume of electricity PPC generates......
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
