Brian Sher’s Post

Thank you to CMS UK for hosting a very informative session on UK competition law enforcement yesterday. In our increasingly data driven industry, I was surprised to learn the following about CMA/CAT enforcement: - 50% of CMA investigations result in an infringement decision; - Dawn raids are increasingly back in vogue, although data seizures are increasingly electronic and involve less boxes; - The longer the CMA investigation, the higher the fine; - 77% of CMA investigations now interview employees, reinforcing the need for companies to train their employees accordingly to compy with this eventuality; and - The majority of CMA appeals to the CAT result in decreased fines to Defendant companies.

Thanks to CMS for today’s event and some very insightful research carried out showing a statistical analysis of CMA (UK competition regulator) enforcement trends. A significant 68% of investigations by the CMA involve a dawn raid. What a great segway to tomorrow’s seminar on dawn raids by Academy of European Law ERA hosted by the Maltese Competition and Consumer Affairs Authority - very much looking forward to it! #competitionlaw #competitionenforcement #dawnraids

Whistleblowing Fact 512: A 10th best practice for whistleblower law is for citizens aggrieved by the abuse of power, is to have due process rights, including a day in court with witnesses, & objective & balanced rules of procedure. See https://lnkd.in/e7KwnV5t #whistleblower #whistleblowing

Whistleblowing Fact 523: The 20th and last practice is maximum transparency & mechanisms that facilitate regular review of whistleblower law so that changes can be enacted based on lessons learned. See https://lnkd.in/e7KwnV5t #whistleblower #whistleblowing

Whistleblowing Fact 542: As evidenced by the rapidly increasing domestic, regional, and international activity on whistleblowing, it has become one of the most popular and dynamic topics in global law. See https://lnkd.in/e7KwnV5t #whistleblower #whistleblowing

Ireland has transposed Directive (EU) 2020/1828 on representative actions for the protection of the collective interests of consumers, introducing a new civil litigation mechanism through which representative actions can be brought on behalf of consumers for alleged infringement of their rights under relevant enactments.  Attention now turns to the awaited recommendations of the Law Reform Commission on third party funding in Ireland. Currently prohibited in Ireland save for limited exceptions, the availability of third party funding will be key to the effectiveness of this new mechanism of consumer redress. #representativeaction #litigationfunding

Good morning! Our firm previously sent out three Legal Briefings regarding new consumer protection laws that were scheduled to take effect on October 20, 2024. The Department of Health has received outreach and questions from a variety of stakeholders and pushback by providers and provider groups related to all of the new requirements. While the Department considers these questions, the implementation of this provision is on hold until further guidance is released. You can find our three Legal Briefings on consumer protection laws on lawpf.com!

DAY 2 OF 5 | Dive deep into the use of evidence in competition law enforcement, strategies for managing compliance, and the intersection of intellectual property law and competition law. Follow us on Facebook or LinkedIn for updates! #CompetitionPH #CompetitionMatters #legaleducation #competitionlaw

Dear legal Counsel, if you are instructed in a competition or consumer protection matter, it would greatly benefit your client if you could look beyond your usual criminal law procedure and familiarize  yourself with competition law procedure. Investigations by the Competition Authority are guided by the procedure set out in Sections 31 to 36 of the Competition Act, the provisions of the Fair Administrative Action Act in so far as they are applicable as well as the principles of fair administrative action in Article 47 of the Constitution of Kenya. This procedure is based on the International Competition Network (ICN) Framework for Competition Agency Procedures commonly referred to as the CAP. It incorporates universal competition law due process principles that are widely accepted across the globe which differ from the established criminal law framework. The procedure provides for investigation and imposition of pecuniary penalties by the competition authority with a right to a formal appeal before the Competition Tribunal. The principles articulate a common framework of high-level procedural fairness ideals that ICN members have agreed should inform and guide the enforcement process. They serve as a universal frame of reference for appropriate enforcement process. They address the topics of non-discrimination, transparency, notice of investigations, timely resolution, confidentiality protections, conflicts of interest, opportunity to defend, representation, written decisions, and judicial review. These are the widely accepted principles that reflect fundamental competition due process norms that Counsel needs to look out for and insist on when representing a party. Have a look at them as you prepare for your next case.

Whistleblowing Fact 529: Where conciliation fails or an unsatisfactory outcome results for the complainant, the whistleblower must bear the burden of enforcing the law against retaliation and risk considerable trial costs. The financial burden of litigation can be overwhelming. See https://lnkd.in/e7KwnV5t #whistleblower #whistleblowing