Corporate report

CA98 register of directions and commitments currently in force

Updated 8 November 2023

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Directions

Case name Summary Case number Direction given on Direction
Abuse of dominance by Genzyme Limited in relation to their supply of the drug Cerezyme (treatment of Gaucher disease).

Infringement decision in respect of Chapter II CA98.		 CA98/3/03 27 Mar 2003
Napp Pharmaceutical Holdings Ltd: alleged abuse of a dominant position Abuse of dominant position: alleged anti-competitive pricing practices by Napp concerning the supply of morphine.

Infringement decision in respect of Chapter II CA98.

On 15 January 2002 the CAT substantially upheld the OFT鈥檚 decision on liability. Directions confirmed, however see paragraph 558 of the with respect to paragraph 2(d) of the directions where the CAT advised the OFT to keep this aspect under review.		 CA98/2D/2001 5 Apr 2001
Phenytoin sodium capsules: suspected unfair pricing The CMA investigated alleged excessive and unfair prices for phenytoin sodium capsules under Chapter II of CA98 and Article 102 TFEU. CE/9742-13 15 June 2017 on 15.06.2017
Sports equipment sector: anti-competitive practices (Ping) The CMA investigated a suspected breach of competition law in the sports equipment sector under Chapter I of CA98 and Article 101 of TFEU. 50230 21 Dec 2017 on 21.12.2017

Sector regulators

Case name Sector regulator Summary Directions given on Directions
Investigation into National Grid Ofgem Infringement decision in respect of Chapter II CA98 and Article 102 TFEU 21 Feb 2008

Commitments

Case name Authority Case number Type of conduct investigated Commitment accepted on Summary of commitments
Investigation into Meta鈥檚 (formerly Facebook) use of data CMA AT 51013 Abuse of dominance 3 November 2023 (and varied after 20 August 2024) Allowing competitors advertising on Meta platforms to opt out of certain ad data being used by Meta in Facebook Marketplace. Limiting the way Meta uses certain ad data in product development in the UK.
Investigation into Amazon鈥檚 Marketplace CMA 51184 Abuse of dominance 3 November 2023 Ensure Amazon does not use rival sellers鈥� Marketplace data to gain an unfair advantage over other sellers. Guarantee all product offers are treated equally when Amazon decides which will be featured in the 鈥楤uy Box鈥�. Allow third-party businesses using Marketplace to negotiate their own rates directly with independent providers of Prime delivery services. Require Amazon to appoint an independent trustee who will monitor the company鈥檚 compliance with these commitments.
Investigation into conduct of Education Software Solutions Limited CMA 51140 Abuse of dominance 10 January 2023 - Enables certain schools to apply to an independent adjudicator for a 12-month break clause
Showmen鈥檚 Guild: suspected anti-competitive practices CMA 50243 Chapter 1 CA98

Anti-competitive agreement		 26 October 2017 The CMA has accepted commitments from the Showmen鈥檚 Guild of Great Britain that address the CMA鈥檚 competition concerns. The Guild changed rules applied to Guild members.
Investigation into supply of lithium-based medication for the treatment of bipolar disease CMA 50951 Abuse of dominance 18 Dec 2020 Continue to supply Priadel on terms agreed with the DHSC for 5 years.
Fludrocortisone acetate tablets: anti-competitive agreement CMA 50455 anti-competitive agreement 3 October 2019 Ensuring that, in future, there will be at least 2 suppliers of fludrocortisone in the UK.
Investigation into the supply of electric vehicle chargepoints on or near motorways CMA 51050 Abuse of dominance 8 March 2022 Not to enforce exclusive rights in contracts with Extra, MOTO or Roadchef, after November 2026. Not to enforce exclusive rights at any Extra, MOTO or Roadchef sites that are granted funding under the UK government鈥檚 Rapid Charging Fund (RCF).
Investigation into Google鈥檚 鈥楶rivacy Sandbox鈥� browser changes CMA 50972 Abuse of dominance 11 Feb 2022 Involvement of the CMA and the ICO in the development and testing of the Privacy Sandbox proposals; Google will engage in a more transparent process than initially proposed; Google will not remove third-party cookies until the CMA is satisfied that its competition concerns have been addressed. If the CMA is not satisfied it may take further action; restriction on the sharing of data within its ecosystem; commitments to not self-preference its advertising services.
Investigation into a capacity sharing agreement between P&O Ferries and DFDS CMA 51099 Chapter 1 CA98 Anti-competitive agreement 5 August 2022 Not agree with one another the number of sailings that each company operates. Put strict limits on the number of sailings that they may cancel. Amend the agreement to make clear that it does not fix the amount of freight customers that either company may carry.

Sector regulators

Case name Sector regulator Type of conduct investigated Commitment accepted in Summary of commitments
ORR Anti-competitive agreement and/or abuse of dominance Dec 2015 (1) No exclusivity contracts;

(2) Contracts with duration up to 5 years and no rollover clause;

(3) Restrictions on permitted rebates;

(4) No reselling restrictions
Ofwat Abuse of dominance Jan 2013 Divestiture of downstream subsidiary
Ofgem Abuse of dominance May 2012 Undertaking the costs of boundary metering and refunding certain charges
Ofgem Abuse of dominance Nov 2021 Removal of exclusivity provisions concerning energy pre-payment services from current contracts and any future contracts entered into during the next five years with energy suppliers and retailers. Offering separate contracts to energy suppliers for the provision of OTC and non-OTC energy prepayment services. Donation of 拢12.5 million to Ofgem鈥檚 Energy Industry Voluntary Redress Scheme (currently administered on Ofgem鈥檚 behalf by the Energy Saving Trust).
Ofgem Abuse of Dominance June 2019 to take steps required of EPEX to enable other Nominated Electricity Market Operators, in particular Nord Pool, to participate in certain electricity trading auctions between Great Britain and Ireland; and also to carry out an internal review of its competition law training.
ORR Anti-competitive agreement April 2022 Adopt the Rules in the form agreed; notify ORR of any changes made to the Rules and/or the policies referred to within the Rules for a period of 5 years; make the Rules of membership publicly available on RACF鈥檚 website within 28 days of being first implemented by RACF and keep an up-to-date version of the Rules on RACF鈥檚 website; and retain information on membership applications and decisions for a period of 3 years following each, and provide such information to ORR on reasonable request; to include on RACF鈥檚 website an explanatory explaining what the Rules are intended to achieve.
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