2023
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Beware of the CAT
Has the CAT turned full circle in its approach to collective proceedings orders (CPOs)? The short history of the CPO regime starts with the unsuccessful first application back in 2017 followed shortly afterwards by the Supreme Court’s very applicant-friendly 2020 decision in Merricks v Mastercard (see our blog here). But a growing number of decisions… Continue reading
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Subsidy Control reviews: what can I challenge and where do I issue?
In what is rapidly turning into an unintended mini-series, the theme of this blog is again subsidy control reviews under s. 70 of the Subsidy Control Act 2022 (SCA) (see previous posts here and here). This post deals with some unusual features of s. 70, which will throw up tricky threshold questions for many appellants,… Continue reading
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Subsidy Control reviews: a cheap and cheerful jurisdiction?
A few weeks ago, the Competition Bulletin blogged on the standard of review that was likely to apply in subsidy control reviews conducted by the CAT under the Subsidy Control Act 2022 (SCA). This blog covers the procedural approach that the CAT seems likely to adopt. In short, early indications are that the watchwords will… Continue reading
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Regulating Big Tech in the UK
Following hot(ish) on the heels of the EU’s Digital Markets Act, the UK’s Digital Markets, Competition and Consumers Bill (“the Bill”) was published on 25 April 2023. It seeks to do three things: (1) to establish a new ex-ante regulatory regime for digital markets, conferring powers on the CMA, via its Digital Markets Unit, to… Continue reading
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The Trouble with Economists
The Competition Appeal Tribunal’s recent decision in the trucks cartel claim raises some serious questions about expert economic evidence. In this post I want to flesh out some of the challenges and then float some suggestions for improvements. The context Many readers will know the basic background. Back in 2016, the European Commission decided that… Continue reading
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Subsidy Control reviews: proportionality with a light touch
As erstwhile State aid lawyers will know, under the UK’s new subsidy control regime, interested parties can challenge subsidy decisions in the CAT, which will apply the same principles applied by the High Court in a judicial review. But what standard of review will the CAT adopt when examining a substantive subsidy decision? The recent… Continue reading
