Notícias
CMA response to DBT’s call for evidence on the package travel legislation
The CMA has published its response to the Department for Business and Trade’s call for evidence on the Package Travel and Linked Travel Arrangements Regulations 2018.From:Competition and Markets AuthorityPublished9 February 2024Get emails about this page
Documents
CMA response to DBT’s call for evidence on the package travel legislation
PDF, 626 KB, 8 pages
Details
The CMA has responded to DBT’s call for evidence Package travel legislation: updating the framework.
The CMA investigated suspected breaches of consumer protection law in the package holiday sector during the COVID-19 pandemic. This enforcement action secured more than £200 million of refunds for consumers. The response offers the CMA’s advice to DBT on how changes to the package travel regulations may impact consumers and competition.
For queries relating to the CMA’s response, please contact the CMA advocacy team by email at advocacy@cma.gov.uk.
Published 9 February 2024
Liner Shipping Consortia Block Exemption Regulation
The CMA reviewed the assimilated Liner Shipping Consortia Block Exemption Regulation to inform its recommendation to government on whether to replace it on its expiry on 25 April 2024.From:Competition and Markets AuthorityPublished24 August 2022Last updated9 February 2024 — See all updatesCase type:CA98 and civil cartelsCase state:ClosedMarket sector:Distribution and service industriesOpened:24 August 2022
Contents
- Final decision that the CMA will not recommend replacement of the CBER
- Consultation on proposed recommendation to the Secretary of State
- Context
- Background
- Personal data
Final decision that the CMA will not recommend replacement of the CBER
9 February 2024: The CMA has published its final decision that it will not recommend replacement of the CBER to the Secretary of State.
- Final decision (PDF, 597KB) (9.2.24)
- Consultation page
- News story: CMA will not recommend renewal of shipping competition exemption (9.2.24)
Consultation on the CMA’s provisional decision that the CMA will not recommend replacement of the CBER
17 November 2023: The CMA has published, for consultation, its provisional decision that it will not recommend replacement of the CBER to the Secretary of State. The CMA will consider responses to the consultation before making a final decision.
Consultation on proposed recommendation to the Secretary of State
19 January 2023: The CMA has published, for consultation, its proposed recommendations to the Secretary of State. The CMA will consider responses to the consultation before making a final recommendation to the Secretary of State later in 2023.
Context
The Competition Act 1998 prohibits agreements between businesses that restrict competition in the UK (unless they meet the conditions for exemption in section 9(1) of the Competition Act or are otherwise excluded). This is known as the Chapter I prohibition.
An agreement is exempt from the Chapter I prohibition if it creates sufficient efficiencies and benefits to outweigh any anti-competitive effects. A ‘block exemption’ automatically exempts agreements of a certain category from the Chapter I prohibition if the agreement satisfies the conditions set out in the block exemption. In this way, a ‘block exemption’ provides legal certainty for businesses.
Following the UK’s exit from the EU, the EU block exemption regulations that were in force under EU law at the end of the Transition Period on 31 December 2020 were retained in UK law. For details on what the retained block exemptions cover, see Guidance on the functions of the CMA after the end of the Transition Period (paragraphs 4.31 to 4.36). Under the Retained EU Law (Revocation and Reform) Act 2023, what was previously ‘retained EU law’ became ‘assimilated law’ on 1 January 2024.
The assimilated Liner Shipping Consortia Block Exemption Regulation (CBER), which expires on 25 April 2024, sets out an automatic exemption for certain agreements between liner shipping companies. The CBER covers certain types of cooperation to provide joint services through ‘consortia’.
Background
In accordance with the Competition Act 1998, the CMA has a role in advising the Secretary of State for Business and Trade (previously the Secretary of State for Business, Energy and Industrial Strategy) on varying or revoking assimilated block exemption regulations, or replacing them with UK legislation when they expire.
The CMA has recently carried out reviews of the retained Vertical Block Exemption Regulation, the retained Horizontal Block Exemption Regulations, and the retained Motor Vehicle Block Exemption Regulation.
Personal data
When handling personal data (like your contact details), we comply with data protection law, as set out in the UK General Data Protection Regulation and the Data Protection Act 2018 and other law designed to protect sensitive information.
For more information about the CMA’s statutory functions, how the CMA processes personal data and your rights relating to that personal data (including your right to complain), please visit the CMA’s Personal Information Charter.
Published 24 August 2022
CMA will not recommend renewal of shipping competition exemption
The CMA will not recommend renewing a ‘block exemption’, which provides an exemption from competition law for certain forms of cooperation between liner shipping companies.From:Competition and Markets AuthorityPublished9 February 2024
The decision follows feedback submitted to the Competition and Markets Authority (CMA) from shipping companies, their customers and representative trade bodies after it consulted the sector last year.
What is a block exemption?
It provides an exemption from competition law for a particular category of agreement between businesses. Block exemptions are generally made when the agreements in question are unlikely to breach competition law, and there is a value or benefit in providing legal certainty.
Background
The Liner Shipping Consortia Block Exemption Regulation (CBER) was introduced by the European Commission in 2009. It was retained into UK law at the end of 2020, when the UK left the EU, and is due to expire in April 2024.
The CMA has a role in recommending new block exemptions to government. With the CBER expiring in April 2024, the CMA has considered whether to recommend a new UK block exemption to replace it.
Findings and decision
The CBER covers certain forms of cooperation between liner shipping companies, called ‘consortia’. Cooperation between shipping companies through consortia can bring benefits, but it can also reduce competition between them, which can weaken their incentives to keep charges competitive and improve service standards.
As part of the CMA’s consultation with the industry, it received feedback from some customers of liner shipping companies that they are not seeing the benefits from companies participating in consortia, including concerns about charges and service quality.
It may be the case that particular consortia can be justified when looked at individually, and allowed under competition law. But the CMA’s view is that they should not benefit from the automatic exemption, which a block exemption offers. The CMA has therefore decided not to recommend a new block exemption to replace the existing CBER.
In reaching this decision, the CMA has also taken into account 2 additional factors:
First, many liner shipping companies already have to self-assess their consortia because their combined market share exceeds the thresholds allowed under the block exemption.
Secondly, liner shipping services to the UK currently call at ports in the EU as part of the same overall service. Liners operating these services will also need to consider compliance with EU competition law, following the EU’s decision to let its own block exemption lapse, alongside needing to consider compliance with UK competition law. Given that no automatic exemption will apply in the EU, the value of an automatic exemption under UK law is therefore significantly reduced.
More information is available on the CMA’s case page.
Noted to editors
- The EU Liner Shipping Consortia Block Exemption Regulation was retained in UK law when the UK left the EU and became assimilated law with effect from 1 January 2024. It is due to expire in April 2024.
- In November 2023, the CMA consulted on a provisional decision that it would not recommend replacement of the CBER. The CMA has considered the feedback received before reaching its final decision. Reponses to the CMA’s provisional decision have been published on the CMA’s case page, and a summary of responses is included in the final decision.
- For media enquiries, contact the CMA press office on 020 3738 6460 or press@cma.gov.uk.
Review of funerals sector
The CMA has published its second annual review of market outcomes in the funerals sector.From:Competition and Markets AuthorityPublished9 February 2024Get emails about this page
Documents
Funerals market review of outcomes
PDF, 305 KB, 20 pages
Details
Press notice: Funeral costs increased slower than inflation following CMA order (9.2.24)
This report sets out our analysis and review of the funerals sector.
While the report finds that average funeral revenues have fallen in real terms during the past 12 months, it is too soon to determine if this represents a better outcome for consumers. The CMA will continue to monitor the sector closely and take enforcement action where firms fail to comply with the Funerals Market Investigation Order 2021.
This funerals market review is part of the Competition and Market Authority (CMA)’s funerals market study into the supply of services by funeral directors at the point of need and the supply of crematoria services.
Use our guidance on Working with the Funerals Market Investigation Order for further help.
Send funeral or crematorium information to the CMA
Published 9 February 2024
Funeral costs increased slower than inflation following CMA order
Rules requiring price transparency continue to have a positive impact on funeral sector.From:Competition and Markets AuthorityPublished9 February 2024
An annual review of the funerals market, published today by the Competition and Markets Authority (CMA), suggests its Funerals Market Investigation Order 2021 is continuing to have a beneficial impact on the costs paid by bereaved relatives when arranging a funeral.
The review – based on submissions from large funeral directors operating in the sector – found that funeral directors operating more than 5 branches charged their customers just over £2,700 for funeral services between 1 September 2022 and 31 August 2023, on average. Whilst this is higher (4%) than the previous year, it does represent a decrease in real terms, once the higher rate of inflation is factored in.
Over the same period, there was a rise in the numbers of people choosing unattended funerals – with the total proportion of these cheaper funerals rising to 11% in 2023 (up from 8% in 2022). This, coupled with previous annual reviews, suggests there is a gradually rising trend amongst bereaved families to opt for remote funeral services, which is likely to be linked to the requirement to conduct unattended funerals during the COVID-19 pandemic and the desire to reduce costs in response to the rising cost of living.
While it is too early to determine whether the real terms fall in the average cost of a funeral represents a positive downward trend for bereaved families, the CMA is concerned that the average cost of unattended funerals (with revenues reported by funeral directors up 12% in 2023) appears to have risen faster than the rate of inflation. The CMA will continue to keep a close eye on consumer outcomes in this market.
The CMA is stepping up its enforcement work to tackle those funeral and crematorium directors who fail to comply with the Order – with evidence of problems received from customers, charities, and professionals in the sector and through the CMA’s active monitoring suggesting just under 250 funeral directors are failing to comply with the law. Many of these have failed to display the necessary pricing information for funeral or crematorium services – in branch and online.
The CMA has written to each of these firms to remind them of their responsibilities and will escalate its enforcement action should a funeral director continue to breach the law.
Adam Land, Senior Director of Remedies at the CMA, said:
Cost of living pressures means bereaved families are often having to make extremely difficult choices when it comes to arranging funerals for their loved ones.
In 2021, after finding prices had been going up above inflation for many years, we changed the law to ensure families have information up front to help them choose the best service which meets their needs. It’s good news that these rules have continued to keep costs lower than they would have been without CMA action.
There is still a minority of funeral and crematorium directors that are failing to comply with the law. They should be under no illusion – we will continue to enforce the rules and anyone breaching them can expect a call from the CMA.
Notes To Editors
- The CMA has published guidance and offered tailored support to funeral directors and crematorium operators to help boost compliance with the Order. The guidance sets out to funeral directors and crematorium operators the legal requirements they must comply with to make bereaved families better aware about the total cost of the services they may need, as well as allow them to compare the services of different providers.
- For media enquiries, contact the CMA press office on 020 3738 6460 or press@cma.gov.uk.
- All enquiries from the general public should be directed to the CMA’s General Enquiries team on general.enquiries@cma.gov.uk or 020 3738 6000.
Bundeskartellamt clears merger of defence electronics manufacturers Hensoldt and ESG
Date of issue:08.02.2024
The Bundeskartellamt has today cleared the acquisition by Hensoldt Holding Germany GmbH, Taufkirchen, of ESG Elektroniksystem- und Logistik-GmbH, Munich. The federal government holds a 25.1 per cent stake in Hensoldt through the German promotional bank KfW.
Andreas Mundt, President of the Bundeskartellamt: “The merger does not raise any competition concerns as the two companies have so far mainly offered different products and services in the area of security and defence electronics
.”
Hensoldt is a manufacturer of defence electronics hardware. Its product range focuses on radars and optoelectronic systems. ESG, in contrast, is a system integrator and mainly develops, integrates and provides support for third-party electronic systems, mostly from the defence industry. ESG’s services include not only the integration of different electronic components, such as those of the Bundeswehr’s fighter jets, but also spare parts management.
The merger parties have already been working together, for example within German FCMS. FCMS develops networked sensor and effector solutions as well as drone systems and cross-platform sensors and effectors for flying unmanned systems. The creation of German FCMS was assessed and cleared by the Bundeskartellamt in 2020.
Press release (pdf)
Casos
CADE
Ato de Concentração nº 08700.000483/2024-42
Requerentes: LongPing High-Tech Biotecnologia Ltda. e N. Schwening Agropecuária Ltda. Advogados: Renata Zuccolo, Renata Caied e outros. Decido pela aprovação sem restrições.
Ato de Concentração nº 08700.000638/2024-41
Requerentes: Expo Consultoria Administrativa Ltda. e Companhia Brasileira de Distribuição. Advogados: Eduardo Caminati, Marcio Bueno, Guilherme Misale e Lucas Rodrigues. Decido pela aprovação sem restrições.
Ato de Concentração nº 08700.000449/2024-78
Requerentes: Libna Empreendimentos e Participações Ltda. e SP Rua Padre João Manuel Ltda. Advogados: Paola Pugliese, Fernanda Harari Dayan e Julia Gonçalves Braga. Decido pela aprovação sem restrições.
Ato de Concentração nº 08700.009245/2023-11
Requerentes: CIMED Indústria S.A. e R2M do Brasil Indústria de Cosméticos Ltda. Advogados: Maria Eugênia Novis e João Azambuja. Com fulcro no §1º do art. 50 da Lei 9.784/99, integro as razões do Parecer nº 69/2023/CGAA5/SGA1/SG (1345103) à presente decisão, inclusive quanto à sua motivação. Nos termos dos arts. 13, XII, e art. 57, I, da Lei nº 12.529/11, decido pela aprovação sem restrições do presente ato de concentração.
CMA
- Arçelik / Whirlpool EMEA merger inquiryThe CMA is investigating the anticipated joint venture between Arçelik A.Ş. (via Ardutch B.V.) and Whirlpool Corporation (via Whirlpool EMEA Holdings LLC)
- Updated: 9 February 2024