In this edition we delve into the dynamic intersection of competition regulation and the digital economy, highlighting key developments from recent cases, including the EU General Court’s first ruling under the Digital Markets Act (DMA) and the European Commission’s investigations into Apple’s "anti-steering" practices. We also look at developments in two other distinct sectors that have recently undergone – or are increasingly experiencing – intense competition law scrutiny, namely pharmaceuticals and professional sport.

Finally, amid numerous global elections, we assess the likelihood of the newly-elected Labour government seeking to reform the UK’s competition policy, in particular in light of the changes recently introduced by the Digital Markets, Competition and Consumers Act.

First DMA Ruling: EU Court Upholds ByteDance’s Gatekeeper Designation

On 17 July 2024, the EU General Court delivered the first substantive EU ruling concerning the application of the Digital Markets Act. The ruling – which confirms the designation of ByteDance as a gatekeeper in respect of its popular social media platform TikTok – endorses the European Commission's approach to the application of the "gatekeeper" criteria.
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Anti-steering: Apple faces the music

In March Apple was fined €1.84bn for abusing its dominant position by preventing music streaming app developers from informing users about alternative subscription options outside its ecosystem. Whilst Apple continues to contest the validity of that fine and underlying decision, it now also faces similar enforcement proceedings under the DMA.
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Parity clauses under the microscope again in Booking.com litigation: Some reflections on the current state of EU and UK law on price parity clauses

On 6 June 2024, Advocate-General Collins handed down his Opinion in relation to a request from a Dutch court for a preliminary ruling on two questions relating to the analysis of price parity clauses under EU competition law. His answers to those questions highlight the importance of the underlying evidence to any assessment of the lawfulness of such clauses.
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CAT dismisses CMA Decision based on material errors in its assessment of evidence

The Competition Appeal Tribunal overturned the CMA’s 2022 decision against four companies for an alleged unlawful "market exclusion agreement" involving the anti-nausea drug prochlorperazine, finding “material errors” in the CMA’s assessment of the evidence.
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Foul play? Clubs, players and commercial interests take aim at sports authorities

As summer brings sporting competitions to the forefront, we examine two recent cases challenging UEFA and FIFA’s commercial decisions under EU economic law, and consider their broader implications for sports governance and policy across the UK and Europe.
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The likely approach to competition policy under the new Labour government

UK voters elected a new parliament on 4 July, resulting in the first handover of power in over 14 years. With Labour having secured a historic landslide victory – and, arguably, a clear mandate for change – we consider what the new government might mean for competition policy in the UK.

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This edition was edited by Senior Associate, Ciara Barbu-O’Connor. If you have any questions about the articles in this newsletter, do not hesitate to reach out to Charlie, or any of your usual contacts: Cameron Firth, Malcolm Walton, Christophe Humpe, Emma Radcliffe, Tom Usher, Fiona Beattie, or Caja Grisenbach.