This is our third quarterly regulatory review. Once again we have four articles, produced by members of our expert regulatory team and covering a range of regulatory issues highlighted by recent cases or announcements:
Ed Weightman on managing regulatory risk and commercial contracts; James Groves on consumer class actions in competition law; illicit restrictions imposed by Nike on cross-border online sales covered by Oliver Cooke; and an important and timely review of the ICO’s online child safety plans from Adele Ashton.
As always, do contact the team if you would like to discuss any of these issues, or other regulatory questions.
We will be continuing to bring you regulatory updates throughout the summer and autumn, so watch out for more insights.
Regulatory compliance and third party contractors: best practices for managing risk by Ed Weightman
Regulated businesses often use third parties to provide services on their behalf. Whether you are a regulated business or a third party service provider, it is crucial to know the applicable regulations and ensure contract terms and working arrangements reflect the intentions of the parties in dealing with the practicalities of regulatory compliance. The recent case of Green Deal Marketing Southern Ltd v Economy Energy Trading Ltd & Ors has shown some of the potential dangers when entering into commercial contracts over a regulated activity.
A windfall for all? Prospects boosted for consumer class actions over competition damages by James Groves
The Court of Appeal has overturned a ruling of the Competition Appeal Tribunal which had dismissed an application for a collective proceedings order to bring an opt-out class action against MasterCard. These proceedings follow on from the European Commission’s finding in 2007 that MasterCard infringed EU law by imposing multilateral interchange fees on the use of MasterCard debit and credit cards. The proposed class consists of an estimated 46 million individuals who made purchases from UK businesses.
Just don’t do it - Nike fined for imposing anti-competitive restrictions on cross-border sales by Oliver Cooke
The European Commission has concluded a year-and-a-half long investigation into allegations that certain commercial practices by sportswear manufacturer Nike constituted the anti-competitive practice of ‘geo-blocking’. Whilst many antitrust cases turn on technicalities and specifics of particular industries and markets, this case has relevance beyond the European football fan, potentially affecting anyone doing business in multiple European markets. The investigation has resulted in a €12.5 million fine for Nike.
Into the detail: the ICO’s online child safety plans by Adele Ashton
Regulating the online world is a huge challenge, particularly when it comes to protecting children. For its part, the Information Commissioner’s Office (ICO) has prepared a draft code of practice for online services that are likely to be accessed by children. Following a public consultation, the ICO will now draft a final version to be approved by Parliament. It is expected to come into effect by the end of 2019 and will cover most online services, including apps, websites, social media platforms and content streaming services.
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