This is the second of our 2019 In-House in Focus workshops, where we will be focussing on regulation and fairness in business organisations. In these sessions we will be continuing our theme of crisis management. We will be joined by representatives from the UK Competition and Markets Authority (CMA) to talk through how organisations can avoid falling foul of competition and consumer law. It is not only private sector businesses that need to be aware of CMA regulations. Universities, schools and NHS Foundation Trusts have all been subject to scrutiny by the CMA recently.
In the first part of our workshop, the CMA will discuss examples of its’ work in recent years prosecuting organisations involved in anti-competitive practices and/or discussions with other organisations, for instance, in relation to price fixing, bid rigging, market sharing etc.
The second part of the workshop will be an interactive session focussing on how organisations engage with consumers and how the CMA interprets and enforces consumer law, for instance, covering pricing practices, unfair terms in contracts and the CMA’s views on the 'loyalty penalty'. We’ll also be taking a look at the legal framework and recent legal developments (e.g. in relation to redress).
The third part of the workshop will be an insightful session on mergers – how the CMA assesses mergers; what organisations thinking about merging need to know; and what organisations affected by a merger (whether as a competitor or customer of merging organisations) need to know.
The final part of the workshop will look at key competition law issues to consider when drafting commercial agreements, including price restrictions and active versus passive sales restrictions. We will also consider some "do's and don'ts" when handling dawn raids.