United Kingdom: Antitrust/Competition Law

The Court of Appeal has unanimously overturned a Competition Appeal Tribunal ruling in Deckers v Up & Running, clarifying the legal test for 'by object' competition law infringements in selective distribution systems. This landmark judgment examines whether terminating a distributor for using an anonymised discount website constitutes unlawful resale price maintenance, and what role market context plays in determining anticompetitive conduct.

The CMA's merger outcomes data for 2025/26 reveals a continued evolution toward more targeted and proportionate enforcement, with Phase 1 decisions at an all-time low while unconditional clearances rise significantly. Despite fewer formal investigations, the authority maintains robust scrutiny through record-high Briefing Paper submissions, demonstrating selective intervention in transactions that genuinely raise competition concerns.

The European Union and United Kingdom have introduced new Technology Transfer Block Exemption regulations, marking the first major update since 2014 and the UK's first post-Brexit IP-related block exemption. These regulations provide crucial safe harbours for technology licensing arrangements, determining when such agreements are compatible with competition law. While both regimes remain closely aligned, key differences emerge in their treatment of database rights, market share thresholds, and licensing neg