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What to think about before bringing a private competition action—checklist Is there an actionable claim? Note: private competition actions remain largely regulated by national law and procedural and substantive rules across the EU may vary significantly, therefore assessments in individual jurisdictions will need to be made when planning competition litigation. Possible causes of action • Consider if there is an infringement of UK competition law (or EU competition law prior to the end of the Brexit transition period). ◦ Consider whether the loss suffered can be attributed to an agreement or concerted action between undertakings, especially competing undertakings (see further, The prohibition on restrictive agreements). ◦ Consider whether the loss might have been caused by an entity that is arguably dominant typically with a large share of a relevant market, and could be said to have abused its dominance contrary to Chapter II of the Competition Act 1998 (and/or Article 102 TFEU if prior to the end of the Brexit transition period) (see further, The prohibition on abuse of dominance)....
Commercial contract review and execution (business personnel)—checklist This is a Checklist for in-house lawyers to provide to those of its employees (eg procurement or sales professionals) who are engaged in negotiating commercial contracts. It sets out the primary issues to consider when negotiating or reviewing a business-to-business commercial contract, and includes practical guidance. This Checklist may be suitable for use in low risk contracts where employees who are not legally qualified are authorised to conduct negotiations and contract review. It may be customised as required to work with a company playbook on contract negotiation and review, to include suggested fall-back drafting positions and escalation points for recourse to a legal team as appropriate. As it is intended to be used by non-legal professionals, it does not include links to further detailed legal commentary in each case. For a Checklist intended for use by legal professionals with links to further information, see: Commercial contract drafting and review—checklist. In-house lawyers should check that business personnel engaged in negotiating and concluding commercial contracts...
Discover our 8 Checklists on Competition law
UK investigations—leniency process—flowchart Companies that have engaged in cartel activity can 'blow the whistle' in exchange for more lenient treatment. This involves
Discover our 1 Flowcharts on Competition law
Competition law and sustainability—global developments tracker This document aims to track and summarise legislative, guidance and other policy developments which help reveal the approach of global competition authorities in tackling the issue of how competition law can contribute towards achieving sustainability objectives. 2025 Jurisdiction and body Details Developments Australia (Australian Competition and Consumer Commission) The ACCC releases a draft determination proposing to grant authorisation with conditions to allow the Australian Sustainable Finance Institute and industry participants to collaborate on sustainable finance initiatives for five years • Press release published—17/04/2025 UK (CMA) CMA publishes its third informal opinion under its Green Agreements Guidance (the Guidance). The Guidance is intended to provide greater certainty for businesses on how competition rules apply to agreements and arrangements between competitors aimed at achieving environmental and sustainability goals • Guidance published—05/02/2025 UK (CMA) CMA issues informal guidance to the Builders Merchants Federation in relation to its Green Agreements Guidance • Informal guidance published—28/03/2025 Taiwan (Taiwan Fair Trade Commission) TFTC “Guidelines on Concerted Actions...
How to appoint a sales and marketing agent This Practice Note is a ‘how to’ guide on appointing a sales and marketing agent. It includes a summary of what agency is, an explanation of alternative routes to market, factors to consider before selecting a sales and marketing agent, and practical guidance on negotiating an agency agreement. It considers the appointment of a sales and marketing agent where the agent promotes the sale of the principal’s products and makes representations about the characteristic properties of the products, as well as acting as sales agent with the authority to conclude binding contracts on behalf of the principal. What is agency? Agency is a relationship under which a principal appoints an agent to act under their direction and on their behalf for specified purposes. In essence, the principal grants authority to the agent to perform certain acts or make certain decisions for which the principal is generally considered liable. Such authority may be express, implied, apparent or ostensible. For more information, see Practice...
Discover our 132 Practice Notes on Competition law
Competition compliance—gathering competitive intelligence FAQs Knowing our industry and competitors is beneficial to business success. However, we must ensure that we stay within the boundaries of competition law when we gather information on competitors’ activities, products, or services. These FAQs, which are integral to that effort, give guidance on how we can best achieve our business goals in a way that is consistent with competition law when gathering competitive intelligence. 1 Can I gather information and prepare internal reports about a competitor’s product pipeline? Yes, but only where you have gathered this information from your own analysis (eg observations at trade shows) or from publicly available sources (eg competitor’s website, press reports). 2 If a customer tells me that our price is too high and that they have other offers with lower pricing, what information can I ask the customer about these competing offers? You can ask the customer which competitors have made an offer and what you would need to do to improve your offer. Avoid asking for specific...
An introduction to trade association competition compliance—a guide for staff 1 What must you do if you are invited to a trade association meeting? Insist on an agenda before attending a trade association meeting and always review the agenda in advance. Satisfy yourself that the agenda topics are permissible under competition law by reminding yourself of the permitted and non-permitted areas for trade association meetings (see What are the permitted areas for trade association meetings? and What are the non-permitted areas for trade association meetings? below). If in doubt about the legality of any topic seek legal advice. If legal advice is not available in time, do not attend the meeting. [You must inform [insert, eg the legal department] if you are joining a trade association. See our [insert Contact with competitor form].] [You must also complete both [insert Competition law compliance-meeting with competitors risk assessment] and [insert Competition law compliance—preparing for a meeting with competitors—checklist for staff ]] [For further information, see [insert Competition law compliance—trade...
Dive into our 17 Precedents related to Competition law
A round-up of EU competition law developments, including (amongst other things) the latest EUMR developments.
A round-up of EU competition law developments, including the latest EUMR developments.
Read the latest 33 News articles on Competition law
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