UK law
CMA issues rules for the digital markets competition regime levy
Section 110 of the Digital Markets, Competition and Consumers Act 2024 gives the Competition and Markets Authority (CMA) powers to charge a levy to firms designated with strategic market status (SMS) to recoup costs which the CMA incurs in exercising its digital markets functions. Following consultation, the CMA has issued a document setting out the rules to calculate the amount of the SMS levy that an SMS firm will be required to pay for a chargeable year during the whole or part of which it is designated.
CMA secures changes from Ticketmaster following Oasis tickets investigation
Following the Oasis concert ticket debacle last year, the CMA has now secured formal commitments from Ticketmaster, to make sure fans have the information they need when they buy tickets. Ticketmaster will make it clear to fans what they will get for their money and give more information about different ticket prices. The undertakings have been provided to the CMA voluntarily and without any admission of wrongdoing or liability. The CMA investigated Ticketmaster under the old consumer law regime. Under the Digital Markets, Competition and Consumers Act that came into force in April 2025, the CMA will be able to fine companies up to 10% of their turnover if they break consumer law. The regime does not apply retrospectively.
Ofcom provides guidance on when a Television Licensable Content Service (TLCS) licence is required
Ofcom has updated its guidance on when a service can be “accessed by means of a regulated Electronic Programme Guide (EPG)” and must therefore hold an Ofcom broadcasting licence. The updated guidance explains that a service can be “accessed by means of a regulated EPG” if it is listed or promoted in the EPG and can be accessed by selecting it from the EPG. This applies even if the service provider chooses to require the viewer to take further steps before viewing the content. Where a service is listed or promoted in a regulated EPG and accessed directly from it, with no intervening menu/selection of the service, the service requires a licence. Ofcom has also updated its FAQs on the regulation of linear television services in the UK.
IPO publishes 2025–26 corporate plan
The Intellectual Property Office (IPO) has published its 2025–26 Corporate Plan, which sets out its strategic priorities and key activities for the second year of its 2024–27 strategy. It is making its final preparations to launch a suite of new digital patents services and have started to work on the next phase of its transformation including trade marks, designs and tribunals services. It is also progressing its work on standard essential patents, with a view to providing clarity and certainty for businesses and innovators operating in this eco-system. In addition, it will work with DCMS and DSIT to develop practical measures which progress the government’s priorities on copyright and AI, with the aim of driving growth in the creative industries and rapidly growing AI sector.
Memorandum of Understanding between US and UK regarding the Technology Prosperity Deal issued
The US and UK governments have published a memorandum of understanding on the Technology Prosperity Deal. They intend to establish and convene a Ministerial-Level Working Group within six months of the date this MOU becomes operative. The Working Group is intended to serve as a strategic forum to guide bilateral cooperation, set priorities, and oversee the implementation of joint initiatives. It aims to enable collaboration towards joint opportunities of mutual interest in strategic science and technology disciplines, including AI, civil nuclear, fusion, and quantum technologies. The two governments intend to collaborate closely in the build-out of powerful AI infrastructure, facilitate research community access to compute, support the creation of new scientific data sets, and harness their expertise in metrology and evaluations to enable adoption and advance collective security. The MOU also covers nuclear energy, quantum computing, and frontier innovation such as 6G.
EU law
European Commission investigates possible anticompetitive practices by SAP regarding maintenance and support services for its popular business management software
The European Commission has opened a formal investigation to assess whether SAP may have distorted competition in the aftermarket for maintenance and support services related to an on-premises type of software, licensed by SAP, used for the management of companies’ business operations and called Enterprise Resource Planning in the EEA. In parallel, the Commission has adopted a Preliminary Assessment summarising the main facts of the case and identifying its competition concerns. The Commission is concerned that SAP may have restricted competition from third-party providers of maintenance and support services of SAP’s on-premises ERP software in the EEA. The Commission is also concerned that the practices implemented by SAP constitute exploitative conduct vis-à-vis SAP’s customers that may be qualified as unfair trading conditions. To address the Commission’s concerns, SAP may now submit commitments.
Council agrees positions on digitalisation and common specifications
Following the Commission’s fourth Omnibus package, the Council of the EU has now agreed proposals which aim to amend twenty pieces of EU product legislation under single market rules on digitalisation and common specifications. They follow up on a broader strategy to prioritise digital formats with the aim of eliminating paper-based requirements in product legislation. In particular, the proposal foresees the digitalisation of the EU declaration of conformity, as well as the exchanges between competent national authorities and economic operators. The proposal also allows manufacturers to provide instructions for use to users in digital format instead of paper. In addition, the proposal introduces alternative solutions to prove the compliance of a product with EU rules via ‘a common specification’ if harmonised standards are not available. This aims to offer more legal certainty, reduce costs, and increase competitiveness. The Council has introduced further clarifications regarding the access to digitally available information and to a company’s ‘digital contact’. The text also states that if there is a risk of serious harm to consumers, safety information is always available in paper form. Following approval of the Council’s negotiating mandates by Coreper, the presidency will start negotiation with the European Parliament as soon as possible to reach a final agreement.
