Notícias
Unit pricing
The CMA has opened a project to consider the use of unit pricing in the groceries sector.From:Competition and Markets AuthorityPublished31 January 2023Last updated30 January 2024 — See all updatesCase type:Consumer enforcementCase state:OpenMarket sector:Retail and wholesaleOpened:31 January 2023
Administrative timetable
| Date | Action |
|---|---|
| 30 January 2024 | Findings from consumer research and unit pricing analysis published |
| 20 July 2023 | Publication of unit pricing review findings report |
| 31 January 2023 | Case opened |
Case information
Publication of consumer research, unit pricing analysis, and messages for shoppers
30 January 2024: The CMA has published the findings from some qualitative consumer research that it commissioned to better understand how and when UK shoppers make use of unit pricing information when shopping for grocery products.
We have also published the findings from our analysis of the unit prices of a basket of every-day grocery products. We assessed the extent to which the unit prices of grocery products vary according to their size and packaging and, in turn, the extent to which unit pricing information can help people identify savings when grocery shopping.
In addition, we have published a short report setting out the key highlights from both pieces of work.
Our consumer research shows that some shoppers already find unit pricing helpful. Importantly it highlights that there is scope for more shoppers to use unit pricing, and also for those shoppers who do use it, to use it more regularly. The research highlights the types of purchases where shoppers find it can be most useful.
Our pricing analysis highlights the value of unit pricing when comparing between grocery items – revealing that shoppers’ commonly held assumptions about what products are cheapest on a per unit basis aren’t always right and that the pricing of some products relative to others can be surprising.
We are publishing a short guide and videos for shoppers to raise awareness of the value of unit pricing. This shows some of the rules of thumb that shoppers use to assess best value do not always hold true and encourages shoppers to use unit pricing more often as a reliable alternative to rules of thumb when shopping for groceries.
- Consumer research report (30.1.24)
- Unit pricing analysis report (30.1.24)
- Short summary report (30.1.24)
- Short guide (30.1.24)
Publication of unit pricing review findings and an open letter to grocery retailers
20 July 2023: The CMA has published the findings from its review looking at how grocery retailers are displaying unit pricing information in-store and online. During our review, we have seen problems with unit pricing which may affect consumers’ ability to compare products. Some of the problems stem from the Price Marking Order 2004 (the PMO) itself, which allows unhelpful inconsistencies in retailers’ practices and leave too much scope for interpretation.
We have also found examples of non-compliance with the PMO, particularly among some variety stores. We have written directly to certain grocery retailers to highlight specific compliance concerns and to tell them to take action to address the concerns that we have identified. We are also making recommendations to Government to reform the PMO and calling on grocery retailers to make certain changes to their unit pricing practices now, before any reforms are introduced.
Alongside our review findings, the CMA has published an open letter to all grocery retailers calling on them to ensure that they are complying with their obligations under the PMO.
We are continuing further work to consider unit pricing in the groceries sector and will publish a further update in Autumn 2023.
Launch of unit pricing review
31 January 2023: The CMA is undertaking a project focused on the use of unit pricing both in-store and online in the groceries sector. Unit pricing is a labelling system for displaying the cost of different products by reference to standard units of weight or volume intended to assist consumers in comparing the relative costs of different products regardless of their packaged size.
Press Notice: CMA launches grocery unit pricing review to help shoppers spot the best value for their money
This work follows the 2015 Groceries Super-complaint where the CMA previously concluded that complexities and inconsistencies with unit pricing may adversely affect consumers’ ability to make meaningful choices between products.
In the context of the rising cost of living, and the importance of helping consumers make informed choices when shopping for food and other essential products, as well as recent concerns raised by stakeholders about unit pricing practices, the CMA is revisiting this issue.
The project will consider:
- if the unit pricing issues identified during the 2015 Super-complaint persist
- compliance with the law by retailers
- consumer awareness and use of unit pricing information
The project is at an early stage and the CMA has not formed a view on these issues. We will provide an update on our work later in 2023.
Contacts
- Project Director, Louise Strong, louise.strong@cma.gov.uk
- Assistant Project Director, Debbie Kitcher-Jones, debbie.kitcher-jones@cma.gov.uk
- Senior Responsible Officer, George Lusty, george.lusty@cma.gov.uk
Any media enquiries should be directed to a member of our Press Office, press@cma.gov.uk
Published 31 January 2023
Loyalty pricing in the groceries sector
The CMA has begun a review of loyalty pricing by supermarkets.From:Competition and Markets AuthorityPublished30 January 2024Case type:Consumer enforcementCase state:OpenMarket sector:Retail and wholesaleOpened:30 January 2024
Contents
Administrative timetable
| Date | Action |
|---|---|
| 30 January 2024 | Review opened |
Summary
With the rise in some supermarkets making cheaper prices only available for loyalty card members, the CMA announced that it would begin a review of loyalty pricing by supermarkets in January 2024.
In line with that announcement, our review of loyalty pricing started this month. The review is part of a programme of work by the CMA to help tackle cost of living pressures in the groceries sector.
The review will consider issues such as:
- whether any aspects of loyalty pricing could mislead shoppers, for example whether the loyalty price is a genuine promotion or as good a deal as presented
- whether any groups of shoppers are disadvantaged by this type of promotional activity
- whether loyalty pricing is impacting consumer behaviour, and whether this has an impact on how supermarkets compete with each other
The review is at an early stage and we have not formed any views on the issues. We are now beginning our engagement with supermarkets. We will publish an update on our work in July 2024, and expect to complete our review by the end of the year.
Contact
- Senior Responsible Officer, George Lusty, george.lusty@cma.gov.uk
- Project Director, Louise Strong, louise.strong@cma.gov.uk
- Assistant Project Director, Debbie Kitcher-Jones, debbie.kitcher-jones@cma.gov.uk
- Email groceriespricing@cma.gov.uk
Any media enquiries should be directed to a member of our Press Office: press@cma.gov.uk
Published 30 January 2024
CMA annual notice of intention to release expired remedies
From:Competition and Markets AuthorityPublished10 January 2024Last updated31 January 2024 — See all updatesGet emails about this page
This consultation has concluded
Detail of outcome
The CMA received no responses to its consultation. Consequently, the CMA hereby gives Notice of Release of the remedies in question. The CMA’s public register will be updated accordingly.
Original consultation
Summary
The CMA gives notice of its intention to release 3 merger remedies which the CMA considers to have expired.
This consultation ran from
to
Consultation description
Some of the CMA’s remedies contain a specified time period or event beyond which they cease to have practical effect, but do not provide for the remedy itself to automatically terminate when that is fulfilled. In order to make most effective use of its limited resources, the CMA exercises its discretion not to carry out a remedy review process in relation to such remedies.
The CMA will discharge its duty under Schedule 10 of the Enterprise Act 2002 by publishing a Notice of its intention to release such remedies and to consult on that notice for a minimum of 15 days (in the case of undertakings) or 30 days (in the case of Orders).
The CMA is giving Notice of Intention to release the following such remedies:
Air France Finance S.A.S. and City Jet Ltd/VLM Airlines NV
Undertakings in Lieu of Reference were given on 28 October 2008 by Air France S.A., CityJet Ltd, KLM Royal Dutch Airlines N.V. and VLM Airlines N.V.
The undertakings contain ongoing obligations, applicable for as long as London City Airport is not a Level 3 airport (paragraph 2.5). London City Airport became a Level 3 co-ordinated airport in 2010 and so these obligations have expired.
First Rail Holdings & Trenitalia UK/West Coast Partnership Rail Franchise
Undertakings in Lieu of Reference were given on 6 December 2019 by FirstGroup plc and Trenitalia SpA.
Paragraph 12.3 of the undertakings states that: “The provisions of these Undertakings will only apply … for so long as both the Operator of the Franchise and the Operator of the Trans Penine Express (TPE) Franchise are subject to Control by FirstGroup (in respect of TPE) and FirstGroup and Trenitalia (in respect of the Franchise).” This provision is therefore fulfilled if FirstGroup no longer operates both the TPE and the West Coast franchise.
On 28 May 2023 the operation of the TPE Franchise was transferred to the Department for Transport Operator of Last Resort. As a result, the TPE Franchise is no longer subject to the control of FirstGroup and therefore the undertakings have expired from that date.
Ecolab Inc/The Holchem Group Ltd
Final Undertakings were given on 23 December 2019 by Ecolab Inc, Ecolab US 2 Inc, Ecolab (UK) Holdings Ltd and The Holchem Group Ltd.
The undertakings contain no ongoing obligations beyond 6 months after Final Disposal. Final Disposal took place on 28 May 2020, so these obligations have expired.
The CMA will consider any responses received before making a final decision on whether the above remedies will be released and will accordingly update this consultation page with a notice of release as applicable.
GVK Omega notifica a aquisição do controlo exclusivo sobre a Greenvolt.
Ficha do processo
La CNMC inicia un expediente sancionador contra Naviera Armas
30 Jan 2024 |Competencia Nota de prensa
- En mayo de 2018, la CNMC autorizó con compromisos la compra de Trasmediterránea por Naviera Armas.
- Estos compromisos permitían que una tercera compañía (FRS) comenzara a operar en las rutas donde estaba presente Naviera Armas.
- La empresa habría incumplido parte de los compromisos presentados.
La Comisión Nacional de los Mercados y la Competencia (CNMC) ha incoado un expediente sancionador (SNC/DC/083/23) contra Bahía de las Isletas, S.L., matriz del grupo Naviera Armas, por incumplir supuestamente los compromisos que asumió al comprar Transmediterránea en 2018 (C-0922/18, nota de prensa).
La operación creaba un monopolio en el tráfico marítimo de pasajeros en la ruta entre la Península y Canarias. Además, planteaba riesgos para la competencia en el transporte marítimo de carga y pasajeros en las rutas entre el Sur de la Península y Melilla e interinsular canario, ya que desaparecía un competidor relevante.
Incumplimiento de compromisos
Los compromisos presentados por Naviera Armas solventaban estos problemas de competencia: permitían que una tercera compañía (FRS) comenzara a prestar servicios de transporte marítimo de pasajeros y carga en las rutas donde estaba presente Naviera Armas (Motril-Melilla y Huelva-Canarias, una ruta circular que le permitiría prestar tráfico interinsular).
Para ello, estaba previsto que Naviera Armas y FRS firmaran contratos de fletamento de tres años de duración (prorrogables por un año), y una serie de obligaciones que permitirían que FRS operara de manera eficaz en esas rutas: cesión de uso de amarres, sistema de expedición de billetes, abstención de uso de marca y comunicación a clientes. Además, para garantizar la eficacia de estos contratos, se incluyeron cláusulas que obligaban a informar a la CNMC e impedían modificar las condiciones sin autorización previa.
El 13 de septiembre de 2023, la CNMC declaró que Naviera Armas había incumplido parte de los compromisos aceptados en 2018.
La incoación de este expediente no prejuzga el resultado final de la investigación. Se abre ahora un periodo máximo de tres meses para la instrucción del expediente y para su resolución por la CNMC.
Contenidos relacionados:
- SNC/DC/083/23
- VC/0922/18: Naviera Armas/Transmediterránea
- C-0922/18: Naviera Armas/Transmediterránea
- Nota de prensa (23/05/2018): La CNMC aprueba con compromisos la compra de Trasmediterránea por Naviera Armas
- Blog (25/04/2017): En la CNMC vigilamos las concentraciones entre las empresas
Documento no oficial destinado a los medios de comunicación y que no vincula a la CNMC. Reproducción permitida solo si se cita a la fuente.
Commission carries out unannounced antitrust inspections in the tyres sector
Page contents
The European Commission is carrying out unannounced inspections at the premises of companies active in the tyres industry in several Member States.
The Commission has concerns that the inspected companies may have violated EU antitrust rules that prohibit cartels and restrictive business practices (Article 101 of the Treaty on the Functioning of the European Union).
The products concerned by the inspections are new replacement tyres for passenger cars, vans, trucks and busses sold in the European Economic Area. The Commission is concerned that price coordination took place amongst the inspected companies, including via public communications.
The Commission officials were accompanied by their counterparts from the relevant national competition authorities of the Member States where the inspections were carried out.
Unannounced inspections are a preliminary investigatory step into suspected anticompetitive practices. The fact that the Commission carries out such inspections does not mean that the companies are guilty of anti-competitive behaviour, nor does it prejudge the outcome of the investigation itself.
There is no legal deadline to complete inquiries into anticompetitive conduct. Their duration depends on a number of factors, including the complexity of each case, the extent to which the undertakings concerned co-operate with the Commission and the exercise of the rights of defence.
Under the Commission’s leniency programme companies that have been involved in a secret cartel may be granted immunity from fines or significant reductions in fines in return for reporting the conduct and cooperating with the Commission throughout its investigation. Individuals and companies can report cartel or other anti-competitive behaviour, also on an anonymous basis, through the Commission’s whistle-blower channels. Further information on the Commission’s leniency programme and whistle-blower tool is available on DG Competition’s website.
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Unannounced antitrust inspections in the tyres sector
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Project Point of No Entry Keeps FTC’s Focus on Gateway Voice Service Providers to Stop Illegal Robocalls from Entering the United States
FTC and FCC warn VoIP service providers that they must be better gatekeepers of the U.S. telephone network
January 30, 2024
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Continuing its rigorous enforcement of the nation’s telemarketing and robocall laws, the Federal Trade Commission over the past year expanded its efforts to stop illegal calls originating overseas from entering the United States, working in coordination with its sister agency, the Federal Communications Commission (FCC).
To stop these illegal overseas calls, the FTC announced in April 2023 that it had implemented Project Point of No Entry (PoNE), targeting “point of entry” or “gateway” Voice over Internet Protocol (VoIP) service providers and warning they must work to keep illegal robocalls out of the country. The project’s work has continued over the past year and continues to demonstrate its effectiveness by targeting more than two dozen service providers that were involved in millions of illegal robocall campaigns.
“Illegal robocalls are a scourge that waste Americans’ time and defraud them of money. VoIP providers knowingly enable these scammers, allowing robocalls to proliferate on a massive scale,” said FTC Chair Lina M. Khan. “The FTC will continue to crack down on upstream actors that facilitate fraud, and we’ll keep working with the FCC to protect Americans in the fight against illegal telemarketing.”
“Coordination among federal partners is key when cutting off the scourge of illegal robocalls from abroad,” said FCC Chairwoman Jessica Rosenworcel. “These results of our recent actions are clear: together we are stronger in our efforts to protect American consumers from fraudulent and harassing international robocallers.”
Through Project PoNE, the FTC is disrupting foreign-based scammers and imposters responsible for blasting U.S. consumers with annoying and unwanted calls. As part of the project, the Commission: 1) identifies point of entry VoIP service providers that are routing or transmitting illegal call traffic from overseas, 2) demands they stop doing so and warns their conduct may violate the Telemarketing Sales Rule, and then 3) monitors them to pursue recalcitrant providers, including by opening law enforcement investigations and filing lawsuits when appropriate.
Through the FTC’s enforcement efforts and its collaboration with partners such as the Industry Traceback Group (ITG), FCC, and state attorneys general, Project PoNE uncovered 24 target point of entry VoIP service providers responsible for routing and transmitting illegal robocalls between 2021 and 2023, in connection with approximately 307 telemarketing campaigns.
According to ITG, a single campaign often represents hundreds of thousands or millions of calls, and a traceback represents a snapshot of any given campaign. After being contacted by Project PoNE staff, ITG traceback data showed that 22 of the 24 targets significantly curbed or altogether stopped the flow of illegal robocalls through their networks, as evidenced by the decrease in the combined tracebacks from 1,043 last year to 306 this year, a decrease of over 70 percent.
During the most recent effort, the FTC issued cease and desist letters to seven more targets. These VoIP providers were identified as the point of entry for illegal robocalls entering the U.S. and were involved in a total of 452 tracebacks.
The targets were involved in about 154 illegal robocall campaigns, including government and business impersonator scams, utility disconnection scams, and student loan and credit card debt relief schemes, among others. Some of the other campaigns targeted Chinese-speaking communities in the U.S. by blasting illegal robocalls in Chinese, with scammers misrepresenting their affiliation with the “Chinese Consulate,” with a well-known package delivery company, or a major telephone service provider.
For the most recent round of letters, the FTC coordinated with the FCC, which issued separate letters to the same targets. Last year, the FCC issued an order against a VoIP service provider, which also was a target of Project PoNE. The combined efforts of both agencies make the message clearer to these VoIP service providers that they need to be more vigilant gatekeepers of the U.S. telephone lines, especially against illegal robocalls coming from overseas.
As part of its commitment to protect every community, the FTC has provided consumer tips on How to Avoid a Scam, including those that use illegal robocalls, in English, in Traditional Chinese and Simplified Chinese, and several other languages.
The FTC’s East Central Region is spearheading Project PoNE. Consumers who want to report concerns regarding any of the voice service providers that received letters from Project PoNE staff can do so by going online to ReportFraud.FTC.gov or calling (877) FTC-HELP.
The Federal Trade Commission works to promote competition and protect and educate consumers. Learn more about consumer topics at consumer.ftc.gov, or report fraud, scams, and bad business practices at ReportFraud.ftc.gov. Follow the FTC on social media, read consumer alerts and the business blog, and sign up to get the latest FTC news and alerts.
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Based on the preliminary outcome of its examination, the Bundeskartellamt approves DFL’s marketing model for Bundesliga and Bundesliga 2 matches from the 2025/26 season onwards
Date of issue:30.01.2024
The Bundeskartellamt has largely completed its examination of the marketing model based on which Deutsche Fußball Liga (DFL) intends to sell the media rights to Bundesliga and Bundesliga 2 matches from the 2025/26 season onwards. The parties involved will now have the opportunity to comment on the Bundeskartellamt’s preliminary assessment. The authority has taken the preliminary view that it can tolerate DFL implementing the model as presented and has informed DFL accordingly.
Coverage of highlights
Andreas Mundt, President of the Bundeskartellamt: “For the upcoming sale of media rights it was important to us that users will continue to have access to prompt free-to-air coverage of the highlights in the future. This coverage ensures that football fans who are unable or unwilling to pay for live broadcasts can still follow the Bundesliga action. We have made sure that the highlights remain available on the main TV channels, not just on the internet. This means that all members of the public will be able to watch the match day highlights
.”
According to the marketing model proposed by DFL for the 2025/26 to 2028/29 seasons, the live pay-TV rights to Bundesliga matches are to be auctioned off in four packages, namely (1.) the Saturday afternoon conference, (2.) individual Saturday afternoon and Friday matches, (3.) the Saturday evening top match and (4.) individual Sunday matches. Each package covers all broadcasting channels, including satellite, cable and internet. Separate packages will also be available for prompt coverage of all the Bundesliga matches’ highlights on free-to-air TV. The highlights of the Saturday 3.30 pm matches are to be shown either from 6.30 pm or 7.15 pm onwards, depending on the outcome of the bidding process. If the bid for the later time slot is successful, the buyer of the rights would also have the option to show the highlights on catch-up TV online after the programme has finished.
No-single-buyer rule
According to DFL’s plans, the marketing model no longer includes the “no-single-buyer rule”, which still applied in the two previous licensing periods. It is therefore possible for one broadcaster to acquire exclusive live rights to all Bundesliga matches. In view of the changed market conditions in the live broadcasting sector, the Bundeskartellamt can tolerate this change for the upcoming licensing period.
Andreas Mundt: “In recent years the market for live coverage of football matches has become much more dynamic due to the activities of companies such as DAZN, RTL and also Amazon. Most importantly, all providers now offer attractive internet-based broadcasting services as well. Encouraging competition for innovation in broadcasting the content was a particularly important goal of the no-single-buyer rule. This means that we can now accept DFL’s suggestion to waive the general rule that no single company may acquire the exclusive live broadcasting rights to Bundesliga matches in the upcoming auction
.”
The Bundeskartellamt also considered it important that the auction’s specific structure, procedure and rules for selling the rights include essential elements of competition. In particular, the authority ensured that a wide range of interested parties, including those with fewer financial resources, have the opportunity to acquire broadcasting rights. Therefore, even though it is no longer mandatory, it is still possible for the live broadcasting rights to Bundesliga matches to be acquired by more than one purchaser.
Background
DFL’s joint selling of the media rights to the individual Bundesliga matches constitutes an agreement restricting competition. However, under German and European competition law such an agreement can be exempted from the ban on restrictive practices if it leads to certain advantages for which such a restriction of competition is indispensable. In the authority’s previous practice, as well as in relation to other national leagues and at the international level, it has been acknowledged that the joint selling of media rights by an association may involve advantages for consumers and can therefore be accepted under competition law if certain conditions are met. One advantage, for example, is that it allows broadcasters to offer high-quality league-related products. The Bundeskartellamt has therefore made the selling of media rights subject to certain conditions relating to competition.
In its judgment in the Super League case (C-333-21) the Court of Justice of the European Union also recently commented on issues relating to the joint selling of football media rights. As the judgment was handed down at a time when the authority’s proceeding was already well advanced, it was not possible to give full and proper consideration to the issues raised in this case. It remains to be seen whether the judgment will require the Bundeskartellamt to change its practice in assessing the joint selling of media rights in the future. For the authority to tolerate the upcoming sale of media rights, it was important that the rights be granted for a limited period of time, after which it will be possible to reassess the legal situation, if necessary.
The Bundeskartellamt’s letter to DFL and the marketing model will be made available on the Bundeskartellamt’s website once the proceeding has been concluded.
Press release (pdf)
Casos
Comissão Europeia
PSP / MACQUARIE / ART / LSSA / LSWA
Merger
Last decision date: 31.01.2024 Super simplified procedure
Ongoing
Investigation phase:1
PG / VELVET CARE
Merger
Last decision date:30.01.2024 Simplified procedure
BAOSTEEL / MITSUI / JV
Merger
Last decision date:30.01.2024 Simplified procedure
TERNA / DXT / WESII
Merger
Last decision date: 30.01.2024 Simplified procedure