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Competition United Kingdom Judicial Review

Skadden, Arps, Slate, Meagher & Flom LLP

UK Court of Appeal Signals Greater Scrutiny of CMA Merger Decisions

For the first time in two decades, the UK Court of Appeal has ruled on the substantive standard of judicial review to be applied by the Competition Appeal Tribunal (CAT or Tribunal) in UK merger cases....more

Jones Day

ECJ Antitrust Ruling Not Likely to Jump-Start EC Deal Challenges in "Gap Cases"

Jones Day on

In Short - The Development: The Court of Justice of the European Union ("ECJ") annulled a General Court ("GC") ruling that had adopted a high standard of proof for the European Commission ("EC") to block transactions in...more

BCLP

Another SIEC in the wall - the ECJ’s judgment in CK Telecoms

BCLP on

Save for the Commission’s decision in M.8792 (Tele2 NL/T-Mobile NL) which cleared the acquisition of Tele2 NL by T-Mobile NL without remedies, the Commission has historically blocked or accepted divestment/behavioural...more

White & Case LLP

ECJ Advocate General recommends setting aside the CK Telecoms judgment and endorsing the European Commission’s established...

White & Case LLP on

Advocate General Kokott has found that the General Court erred in law in requiring the European Commission to show anti-competitive effects of a merger with “strong probability” and that the scope of its judicial review was...more

Skadden, Arps, Slate, Meagher & Flom LLP

Competition Law Litigation in the UK

On December 4, 2019, Skadden hosted a discussion with Sir Marcus Smith QC, a Justice of the High Court and a chair of the Competition Appeal Tribunal (Tribunal). Sir Marcus has presided over leading cases in the U.K. on...more

A&O Shearman

Procurement challenge to rail franchise tender process fails

A&O Shearman on

This is a rare example of a judicial review challenge to the way in which a public body decided to set out minimum specifications in an invitation to tender. In R (on the application of London Borough of Enfield) v Secretary...more

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