Competition law update - damages actions, online restrictions and lease restrictions – by Matthew Woodford.

1. Competition law update
In house lawyers forum – March 2015

2. • general update
• damages actions
– more claims?
• online restrictions
– continued focus area
– limited guidance
• lease restrictions

3. 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

4. • a lot of talk for a long time
• UK and EU reforms
• UK – 1st October 2015?
• EU – 27th December 2016
• more claims & more damages

5. • collective actions
• opt-out actions / settlement (cf. EU)
• aggregated damages
• enforced redress schemes
• fast-track procedure

6. • leniency protection
– access to documents
– joint & several liability

7. • damages
– presumption of harm / reversing burden
of proof
– power to estimate harm
– no punitive / multiple damages
– passing-on defence / loss of profits
• settlement

8. • 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!

9. • price
– internet minimum advertised prices
– online price bans
– restricting online discounts
• German cases
– eBay/Amazon marketplace bans
– price comparison engine bans
– Google AdWords ban

10. • 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

11. • increasing reference to case by
landlords and tenants
• not all that it seems!

12. Get in touch if you have any questions or
would like further information.
t +(0)121 237 3965
e matthew.woodford@brownejacobson.com