Chair of Competition Law Committee
Nicole Kar, Linklaters LLP
The City of London Law Society Competition Law Committee Response to BEIS Consultation on Reforming Competition and Consumer Policy. The BEIS consultation sought views on a number of wide-reaching proposals concerning competition and consumer law and policy. The Committee’s response focused primarily on the competition law and policy (rather than consumer law) aspects of the consultation and has made a number of detailed submissions in relation to competition enforcement, mergers, market studies and investigations, appeals and the panel system in response to BEIS’ proposals. In summary, whilst supportive of a number of the consumer law reforms, on competition law reforms, the Committee has concerns with a number of the proposals and considers that additional changes are needed if desired outcomes are to be achieved. The Committee firmly believes that it is in the best interests of everyone – whether consumers, businesses, investors, or Government that the UK has a strong and effective competition regime; a regime that is clear, well-balanced, and characterised by impartiality and independence. The Committee has offered its assistance to BEIS as it develops the proposals and any draft legislation in response to the consultation and has had a useful session with BEIS representatives in the lead up to submission of its response.
The City of London Law Society Competition Law Committee Response to BEIS Consultation on Reforming Competition and Consumer Policy: Annex 1
The City of London Law Society Competition Law Committee Response to BEIS Consultation on Reforming Competition and Consumer Policy: Annex 2
Applications are welcome for places on the CLLS Competition Law committee. The closing date for applications is 14th September
Response by the Competition Law Committee to the CMA's Consultation on “Guidance on Internal Document Requests in Merger Investigations”
The response of the Competition Law Committee of the City of London Law Society in response to Questions 1 to 6 (the short term reforms) of the Green Paper on the Government's review of the national security implications of foreign ownership or control, published on 17 October 2017.
Response of the Competition Law Committee to the House of Lords EU Committee's call for Evidence in its Inquiry into the Impact of Brexit on UK Competition Policy
20/10/2014 - Response to the European Commission's White Paper: Towards More Effective EU Merger Control
The European Commission sought views on possible improvements of EU Merger Regulation contained in the White Paper “towards more effective merger control”. The proposals (as described by the Commission) in particular included “A light and tailor-made review of those acquisitions of non-controlling minority shareholdings which could harm competition.”, as well as proposals to: • Make case referrals between Member States and the Commission more business-friendly and effective; • Make procedures simpler; and • Foster coherence and convergence. The submission responded in detail to the White Paper.
21/01/2014 - Response to the UK Government Review of the Balance of Competences between the United Kingdom and the European Union in relation to Competition and Consumer Policy
The Committee’s response only extended to competition and state aid policy and responded in detail to two important questions: 1) To what extent is EU competence in the competition and state aid fields necessary for the operation of the internal market and is this beneficial to the UK’s global competitiveness? 2) How might the UK benefit from the EU taking less or more action in this area?”
29/11/2013 - Response to the CMA September 2013 consultation on draft guidance, “Regulated Industries: Guidance on concurrent application of competition law to regulated industries” and to the BIS September 2013 consultation on the draft of The Competition Act 1998 (Concurrency) Regulations 2014
The CMA consultation sought views on the draft guidance entitled “Regulated Industries: Guidance on concurrent application of competition law to regulated industries. The consultation ran in parallel with the BIS consultation on proposed secondary legislation relevant to the UK concurrent competition law regime. The submission responded in detail to both consultations.
The Committee responded to the specific consultation questions, and noted in summary that “we broadly welcome the proposed Rules and Draft Guidance. However, we have some specific comments on certain aspects of them. A particular issue which we consider requires clarification is the role of members of the CMA (formerly CC) panel in decision making,”
25/11/2013 - Response to the CMA consultation on the Cartel Offence Prosecution Guidance and to the BIS consultation on the Draft Enterprise Act 2002 (Publishing of Relevant Information under section 188a) Order 2014
The Committee made a number of detailed comments about the Guidance and the BIS consultation (which ran in parallel with the CMA consultation). Having looked at analogous prosecution guidance issued in relation to other offences, the Committee felt that considerably more detail and explanation could be provided in the Guidance. In relation to the statutory instrument consultation, the submission stated that “the Committee believes that the manner of publication of “relevant information” would be detrimental to commerce both (i) in terms of the delay between submitting information to the Gazette and publication and (ii) the cost of doing so. It is also unclear how practical this mechanism will be as it is very difficult to accurately predict the number of submissions that will be made to the Gazette in relation to the Offence, but there is a possibility that the sheer volume will undermine the purpose of publication.”
Joint submission by CLLS Intellectual Property and Competition Law Committees in response to European Commission Consultation on Draft Proposal for a Revised Block Exemption for Technology Transfer Agreements and for Revised Guidelines
Response to OFT supplementary consultation on Guidance on Applications for Leniency and No-action in Cartel Cases
Response to Consultation on OFT's Investigation Procedures in Competition Cases
Response to BIS Consultation Paper, Private Actions in Competition Law: A Consultation on Options for Reform
CLLS response to the Government’s announcement of its proposed reforms to the UK competition regime
Joint response of the Intellectual Property Law Committee and the Competition Law Committee to the European Commission review of the current regime for the assessment of technology transfer agreements
Response to OFT Consultations on Guidance as to the Appropriate Amount of a Penalty and on Applications for Leniency and No-Action in Cartel Cases
Response to BIS Consultation on Reforming UK Competition Regime
Response to OFT consultation on
20/12/10 - Response to the OFT's consultation paper
Response to the OFT Consultation Paper
CLLS Discussion Paper on UK Competition Reforms
CLLS & Joint Working Party of the Bars and Law Societies of the United Kingdom on Competition Law (JWP) Response to the Office of Fair Trading's (OFT) consultation on the OFT Transparency Project