Nathaniel Barber unpacks the FCA’s first-ever competition decision with CDR

February 27, 2019

Publication: Commercial Dispute Resolution

Kobre & Kim attorney Nathaniel Barber spoke with Commercial Dispute Resolution on the “landmark” first competition decision for the UK’s Financial Conduct Authority (FCA). Following a three-and-a-half-year long investigation, the FCA found that three asset management companies had breached competition law under its new competition law powers. Pointing out that the FCA had originally targeted four firms, Barber said, “may indicate that the investigation…was not an easy victory for the FCA.”

Regarding whether FCA had resource-related issues in pursuing competition cases, Mr. Barber said that the issue instead was “whether [the authority] prefers to address anti-competitive conduct with an investigation and possible sanction,” citing a recent mission statement that “highlighted that investigations were really one tool to be considered in the face of anti-competitive conduct.”

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