Talking Shop October 2025
Written By
Partner
UK
I'm the global head of our International Retail & Consumer sector group. As a partner in our international Commercial group in London, I work primarily with retail & consumer focussed businesses on their domestic and international growth and expansion strategies.
Welcome to the October 2025 edition of Talking Shop!
This month we cover major competition developments in the UK and Italy, including proposed reforms to the veterinary sector and a ruling on data integrity in merger control. We also spotlight new guidance on influencer advertising in Finland, age assurance in Australia, and product liability reform in the UK - plus updates on subscription services, right to work checks, and corporate PPAs.
In the News & Events section you can find details of our International Business-to-Consumer Annual Update, offering global insights into the legal trends shaping consumer-facing industries, and our UK Merger Control Update webinar, which explores recent enforcement activity and practical guidance for deal teams.
Please get in touch or visit our webpage for more information about Bird & Bird's Retail & Consumer Group.
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In this edition:
- Competition
- Consumer Law
- Data Protection
- Business Immigration
- Energy
- Intellectual Property
- Tax
- News & Events
Competition
Italy: Data Integrity in Merger Control - Italian Competition Authority Fines CONAD Cooperative for Misleading Information
Italy’s competition authority has fined supermarket chains Conad and Coop for providing inaccurate data during merger review proceedings. The case highlights a growing trend: regulators are scrutinising not just the substance of deals, but the integrity of the process itself. With enforcement expanding into procedural territory, businesses must ensure their submissions are watertight when navigating merger control.
UK: Labour markets - CMA guidance puts recruitment practices in the spotlight
UK: No More Paws for Concern? CMA's Provisional Decision Prescribes Major Reforms for UK Veterinary Sector
The UK’s veterinary sector is facing a potential overhaul, as the CMA’s provisional decision calls out concerns around pricing, transparency, and limited consumer choice. Proposed remedies include mandatory information disclosures and even forced divestments - a clear signal that the regulator is ready to intervene. For pet care providers, the message is clear: change may be coming, and fast.
Consumer Law
Finland: Finnish Council of Ethics in Advertising Rules on Misleading Market Claims 2025
The Finnish Council of Ethics in Advertising has drawn a firm line on influencer marketing, ruling that sponsored Instagram content must be “effortlessly identifiable” at first glance. In a case involving clothing brand Same Goal Oy, the Council found that burying disclosure at the end of a post amounted to hidden advertising - a breach of the ICC Marketing Code. With shared liability between brands and influencers, and a clear call for proactive compliance, this decision sets a new benchmark for transparency in social media advertising.
UK: Legal Alert - Law Commission announces review of the UK’s product liability regime
The Law Commission has launched a comprehensive review of the UK’s product liability regime, aiming to modernise a framework that has remained largely unchanged for decades. With digital products, AI systems, and complex supply chains now commonplace, the review will explore whether current laws adequately protect consumers and hold manufacturers accountable. Stakeholders across sectors should follow developments closely, as the outcome could reshape liability exposure in an increasingly tech-driven market.
Poland: Subscription services – the same rules, new interpretation by Polish watch dog
Poland’s competition authority has issued a fresh interpretation of consumer protection rules as they apply to subscription services - and it’s one that could catch businesses off guard. While the legal framework remains unchanged, the regulator’s stance on transparency, cancellation rights, and automatic renewals signals a stricter approach to enforcement. Companies offering subscription-based models in Poland should take note: familiar rules may now carry unfamiliar risks.
Data Protection
Australia: Privacy Meets Safety - OAIC Guidance Clarifies Privacy Requirements for Social Media Age Assurance
Australia’s privacy regulator, the OAIC, has released new guidance on age assurance in social media, clarifying how platforms must balance safety with lawful data handling. The advice outlines expectations around transparency, proportionality, and minimisation when verifying user age, especially where biometric or AI-driven technologies are involved. As global scrutiny intensifies, this guidance offers a timely blueprint for compliance in a space where privacy and child protection increasingly intersect.
Business Immigration
UK: Expansion of right to work obligations - incoming requirements for non-traditional workers
The UK Government is expanding right to work obligations to cover non-traditional workers, including volunteers, interns, and those on work experience. These changes will require organisations to carry out checks and maintain records for a broader range of individuals, even where no formal employment contract exists. With civil penalties on the rise and compliance expectations tightening, businesses must revisit onboarding procedures to ensure they’re not caught off guard.
Energy
Global: Why are Corporate PPAs important for the Retail and Consumer sector?
As sustainability climbs the retail agenda, corporate power purchase agreements (PPAs) are emerging as a strategic tool for brands looking to decarbonise operations and lock in longterm energy costs. These agreements allow companies to source renewable electricity directly from producers, offering both environmental credibility and financial certainty. With consumer expectations rising and ESG scrutiny intensifying, PPAs are fast becoming a cornerstone of energy strategy in the retail and consumer sector.
Intellectual Property
UK: Report of Trade Mark Cases For the CIPA Journal September 2025
Bird & Bird’s latest contribution to the CIPA Journal offers a round-up of recent UK trade mark decisions, spotlighting key developments in bad faith filings, likelihood of confusion, and acquired distinctiveness. The report distils complex judgments into practical insights for brand owners and IP practitioners, with commentary on emerging trends and procedural nuances. A valuable resource for anyone navigating the evolving trade mark landscape.
Tax
UK: Update - Government Confirms Umbrella Company Reforms
The UK Government has confirmed long-awaited reforms to the regulation of umbrella companies, aiming to tackle tax non-compliance, worker exploitation, and opaque supply chain practices. The proposed changes include mandatory due diligence for employment businesses and new enforcement powers for HMRC and the Employment Agency Standards Inspectorate. As labour models evolve, these reforms mark a significant step toward greater accountability and transparency in contingent workforce arrangements.
News & Events
Webinar: International Business-to-Consumer Annual Update
12 November, 15:00-16:30 GMT
Bird & Bird’s International Business-to-Consumer Annual Update returns with a global overview of the legal trends shaping consumer-facing industries. From digital regulation and sustainability to advertising, competition, and product liability, our experts will unpack the key developments impacting retail, fashion, food & beverage, and beyond. Join us for practical insights, jurisdictional highlights, and a look ahead to what’s coming in 2026.
Webinar: UK Merger Control Update webinar
13 November, 13:00-13:45 GMT
Join Bird & Bird’s competition law team for a practical update on UK merger control. The session will cover recent enforcement trends, procedural developments, and key takeaways from CMA decisions. With scrutiny intensifying across sectors including retail, consumer goods and digital, the webinar will explore how businesses can navigate the evolving landscape and manage risk in deal-making. It’s designed for in-house counsel, deal teams and anyone involved in transactional strategy.
