The Thicket

• Published on February 6, 2025

  Sumal three years on: a hint of Double Dutch and the Dutch courts lead the way…? 

  Introduction  In 2021, the Court of Justice of the European Union’s (CJEU) Sumal judgement promised clarification on the issue of downward liability in private enforcement... Continue

• Published on October 8, 2024

  The CJEU rules in the Diarra case – FIFA’s transfer rules restrict free movement and competition

  From a competition law perspective, sport is, in some ways, unlike other industries. It may be driven by ideals other than profit, such as sporting... Continue

• Published on September 13, 2024

  “Like ships in the night” – the Court of Appeal’s Hydrocortisone judgment vindicates CMA and brings welcome order to a procedure that had been spinning out of control

  The CMA’s pharma cases have generated a lot of work for the UK’s antitrust lawyers and economists, with a good proportion of practitioners having worked... Continue

• Published on May 28, 2024

  Competition law in sports: it’s time to talk about merger control

  When the US hosted the FIFA World Cup in 1994, it was said to have spent $500 million on the tournament. Fast forward to 2022,... Continue

• Published on May 2, 2024

  AG Opinion in FIFA v BZ – Further competition trouble for football rules

  Most professional football transfers happen when a player is free to leave because their contract expires, or when current club, player, and new club come... Continue

• Published on March 14, 2024

  The ACM’s mission to plug the “small acquisitions gap”

  In line with recent developments in other countries, the ACM’s chairman Martijn Snoep has expressed a desire for new competences to review relatively small mergers... Continue

• Published on February 22, 2024

  Royal Antwerp – Breaking new ground in antitrust in labour markets

  To ensure a steady supply of football talent, professional football clubs must do their bit to invest in grassroots football. To incentivise this investment, UEFA... Continue

• Published on January 19, 2024

  The evolving framework for litigation funding: PACCAR, the DMCC Bill, the CAT…and Mr Bates!

  Competition law infringements often cause financial harm to large groups of consumers or businesses, who would individually be unwilling or unable to pay to claim... Continue

• Published on December 22, 2023

  Super League – From “legislative bomb” to judicial bombshell

  Competition law in sports is full of interesting paradoxes. When I was at the Competition and Markets Authority, the news around the creation of the... Continue

• Published on August 15, 2023

  CAT’s Liothyronine judgment is notable beyond excessive pricing cases

  Last week’s Liothyronine judgment in the UK’s Competition Appeal Tribunal (CAT) is essential reading for antitrust practitioners. The CAT upheld the CMA finding of an... Continue