Competition law update In house lawyers forum – March 2015

• general update

• damages actions

– more claims?

• online restrictions

– continued focus area

– limited guidance

• lease restrictions

What will we cover?

• target = individuals

• quiet before the storm?

• appeal it or lump it up!

• settlements

• EU fines (2014) €1.7 billion

• UK fines (2014) £0.37 million

• a lot of talk for a long time

• UK and EU reforms

• UK – 1st October 2015?

• EU – 27th December 2016

• more claims & more damages

• collective actions

• opt-out actions / settlement (cf. EU)

• aggregated damages

• enforced redress schemes

• fast-track procedure

• leniency protection

– access to documents

– joint & several liability

• damages

– presumption of harm / reversing burden

of proof

– power to estimate harm

– no punitive / multiple damages

– passing-on defence / loss of profits

• settlement

• major CMA priority

• UK is world’s most internet-dependent

economy

– £118 billion a year

– 8.3% GDP

– 2 x G20 average

• but, very little guidance!

• price

– internet minimum advertised prices

– online price bans

– restricting online discounts

• German cases

– eBay/Amazon marketplace bans

– price comparison engine bans

– Google AdWords ban

• permitted/restricted user clauses

– OFT / CMA guidance

– simple restriction?

– linked to exclusivity?

• Martin Retail Group case

– no sale of groceries user clause

– no exemption under Competition Act

• increasing reference to case by

landlords and tenants

• not all that it seems!

Get in touch if you have any questions or

would like further information.

t +(0)121 237 3965

e matthew.woodford@brownejacobson.com