Fresh grounds and evidence before the CAT – Competition Bulletin from Blackstone Chambers

Posted March 23rd, 2015 in appeals, competition, evidence, news, ombudsmen, telecommunications, tribunals by sally

‘On the face of it, BT was the main winner in this week’s ruling from the Competition Appeal Tribunal: see British Telecommunications plc v Office of Communications [2015] CAT 6. However, the decision, which makes interesting comments on the rights of parties to adduce new grounds and evidence on an appeal, raises important notes of caution to all parties which may wish to appeal or intervene in future cases.’

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Competition Bulletin from Blackstone Chambers, 20th March 2015

Source: www.competitionbulletin.com

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CMA says UK energy market needs better regulation and more customer switching – Zenith Chambers

Posted March 23rd, 2015 in competition, consumer protection, energy, news by sally

‘The CMA’s updated issues statement on its energy market investigation has been hailed as a ‘win’ for the energy companies, while suggesting that a lack of competition could be due to poor regulation and customer apathy. A closer look at the CMA’s initial findings suggests a more nuanced view.’

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Zenith Chambers, 26th February 2015

Source: www.zenithchambers.co.uk

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Ryanair says it will fight on after Court of Appeal defeat – Zenith Chambers

Posted March 18th, 2015 in airlines, appeals, competition, mergers, news, tribunals by sally

‘The Court of Appeal has rejected Ryanair’s contention that the Competition Appeal Tribunal was incorrect to uphold the Competition Commission’s order that Ryanair should reduce its stake in Aer Lingus from 28.5 to 5 per cent.’

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Zenith Chambers, 16th February 2015

Source: www.zenithchambers.co.uk

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European Commission fines broker in Libor cartel case – Zenith Chambers

Posted March 18th, 2015 in competition, EC law, fines, interest, news, penalties, regulations by sally

‘The European Commission announced on 4 February that it fined the UK broker ICAP EUR 14.9 million for its role in allegedly facilitating cartel activity that manipulated the yen Libor interest rate.’

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Zenith Chambers, 6th February 2015

Source: www.zenithchambers.co.uk

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High Court confirms finality of tobacco settlement in failed OFT case – Zenith Chambers

Posted March 18th, 2015 in appeals, competition, news, penalties, smoking, time limits, tribunals by sally

‘A party that had paid reduced penalties through the UK’s early resolution procedure could not appeal the penalties after the competition authority’s case had collapsed and following successful appeals by other parties to the investigation.’

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Zenith Chambers, 2nd February 2015

Source: www.zenithchambers.co.uk

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End of the line for Eurotunnel ferry service as CAT scuppers appeal – Zenith Chambers

Posted March 18th, 2015 in appeals, competition, mergers, news, ships, transport, tribunals by sally

‘Eurotunnel began its cross-Channel ferry service in August 2012 using assets acquired from Sea France after its liquidation in 2011. The transaction was blocked by the Competition Commission in 2013 because it gave Eurotunnel too strong a presence in the cross-channel transportation market. In its 9 January 2015 judgment the Competition Appeal Tribunal dismissed Eurotunnel’s appeal against the decision by the CMA to prohibit the deal for a second time. The judgment is significant when viewed against a background of trades in distressed assets in Europe and internationally. It merits a careful reading for parties seeking to realise value from company liquidations.’

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Zenith Chambers, 13th January 2015

Source: www.zenithchambers.co.uk

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FCA to conduct first review of competition in UK investment and corporate banking – OUT-LAW.com

Posted February 24th, 2015 in banking, competition, conflict of interest, financial regulation, news by sally

‘The UK’s Financial Conduct Authority (FCA) is to formally review competition between banks that provide investment and corporate banking services after finding “unanswered questions about potential conflicts of interest and value for money”, it has announced.’

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OUT-LAW.com, 23rd February 2015

Source: www.out-law.com

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Lord Chief Justice calls for independent review of legal market – Legal Futures

Posted January 29th, 2015 in competition, fees, judges, legal services, news, reports by sally

‘There needs to be an independent review of the operation of the legal market to investigate whether the Legal Services Act 2007 is working and why fees have not fallen in the light of greater competition, the Lord Chief Justice said today [27 January].’

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Legal Futures, 27th January 2015

Source: www.legalfutures.co.uk

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CAT power to issue cost-capped injunctions will improve competition law enforcement, says expert – OUT-LAW.com

Posted January 27th, 2015 in appeals, bills, competition, costs, injunctions, news, small businesses, tribunals by sally

‘FOCUS: Proposed changes to the workings of the Competition Appeals Tribunal (CAT) will make it more likely that competition law is enforced and will give some smaller companies a boost in pursuing competition claims.’

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OUT-LAW.com, 23rd January 2015

Source: www.out-law.com

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LCJ: why is the cost of legal services increasing, despite more competition? – Legal Futures

Posted December 16th, 2014 in arbitration, competition, costs, legal services, litigants in person, news, reports by tracey

‘“Steps must be taken” to find out why the cost of legal services is increasing, despite the changed market and “great number of providers”, the Lord Chief Justice, Lord Thomas, has said.’

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Legal Futures, 16th December 2014

Source: www.legalfutures.co.uk

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CMA to investigate competition law violation by estate agent trade association and members – Zenith Chambers

Posted December 11th, 2014 in competition, estate agents, fees, news, price fixing by sally

‘The Competition and Markets Authority has announced that it will probe as a priority suspected anticompetitive agreements involving three companies and a trade association operating in the property sales and lettings sector. The investigation puts under the spotlight possible violations of competition law relating to the setting and advertising of fees by estate agents. The CMA has concerns that the arrangements restricted choice for consumers and their ability to compare prices and value for money.’

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Zenith Chambers, 11th December 2014

Source: www.zenithchambers.co.uk

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The costs of intervening – Competition Bulletin from Blackstone Chambers

Posted December 11th, 2014 in appeals, competition, costs, news, telecommunications, tribunals by sally

‘There is an interesting little point on costs buried away in last week’s decision in the “Ethernet” disputes in the Competition Appeal Tribunal (see BT plc v Cable & Wireless Worldwide Plc and others [2014] CAT 20).’

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Competition Bulletin from Blackstone Chambers, 11th December 2014

Source: www.competitionbulletin.com

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Ofcom rejects Royal Mail’s competition concerns – The Guardian

Posted December 2nd, 2014 in competition, news, ombudsmen, postal service by sally

‘Britain’s postal regulator Ofcom will not overhaul rules for direct mail delivery competition, dealing a blow to Royal Mail which has complained that rival offers will undermine its ability to deliver a nationwide service.’

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The Guardian, 2nd December 2014

Source: www.guardian.co.uk

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Applying interest in damages claims – Competition Bulletin from Blackstone Chambers

Posted November 21st, 2014 in competition, damages, delay, news by tracey

‘In this blog, Enno Eilts, a Senior Consultant, discusses issues connected with the calculation of interest in damages actions.’

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Competition Bulletin from Blackstone Chambers, 18th November 2014

Source: www.competitionbulletin.com

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UK Retail Banking Sector set for In-depth Market Investigation – Zenith Chambers

Posted November 17th, 2014 in banking, competition, consultations, inquiries, news by sally

‘The UK’s retail banking sector is set for in-depth scrutiny after the Competition and Markets Authority (CMA) confirmed on 6 November 2014 that it would conduct a Phase 2 market investigation into the supply of retail banking services to personal current account (PCA) customers and to small and medium-sized enterprises (SMEs).’

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Zenith Chambers, 10th November 2014

Source: www.zenithchambers.co.uk

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Bar Conference: level the advocacy playing field – barristers – Law Society’s Gazette

Posted November 11th, 2014 in advocacy, barristers, competition, Crown Court, news, solicitor advocates by tracey

‘The Criminal Bar Association will launch a campaign on Monday aimed at “levelling the playing field” between barristers and solicitor-advocates, who it alleges enjoy an unfair competitive advantage.’

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Law Society’s Gazette, 8th November 2014

Source: www.lawgazette.co.uk

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What could be the global impact of the UK’s Legal Services Act? – OUP Blog

Posted November 10th, 2014 in alternative business structures, competition, legal services, news by sally

‘In 2007, the UK Parliament passed the Legal Services Act (LSA), with the goal of liberalizing the market for legal services in England and Wales and encouraging more competition—in response to the governmentally commissioned ‘Clementi’ report finding the British legal market opaque, inflexible, overly complex, and insulated from innovation and competition.’

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OUP Blog, 8th November 2014

Source: www.blog.oup.com

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BSkyB sport channels can air on rival BT service, court says – BBC News

Posted November 6th, 2014 in competition, evidence, media, news, sport, tribunals by sally

‘A UK court has ruled that pay TV broadcaster BSkyB must make its Sky Sports 1 and 2 channels available on rival BT’s YouView service.’

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BBC News, 5th November 2014

Source: www.bbc.co.uk

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What’s the plot? Conspiracy and 19th Century comic opera (again) – Competition Bulletin from Blackstone Chambers

Posted November 3rd, 2014 in competition, news, unlawful means conspiracy by sally

‘Ever since Johnson v Moreton [1980] AC 37 (61E-G per Lord Hailsham: ‘we should have to adopt the carefree attitude of the Mikado…’), references to Gilbert and Sullivan have been gaining ground in the judgments of our higher Courts. When last year Arden LJ rejected the argument, advanced by the claimant victim of a cartel, that it suffices to establish the intention requirement for the tort of unlawful means conspiracy that the claimant forms part of a class of persons against whom a cartelist’s wrongful acts were targeted, she did so by reference to The Gondoliers.’

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Competition Bulletin from Blackstone Chambers, 2nd November 2014

Source: www.competitionbulletin.com

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“It’s too late baby, now it’s too late”: limitation, competition claims and knowledge – Competition Bulletin from Blackstone Chambers

Posted October 31st, 2014 in competition, limitations, news, public interest by sally

‘How much knowledge does a potential claimant need before time begins to run against a competition claim against a party alleged to have breached competition law? This was the key question addressed by Mr Justice Simon in the first case in which an English Court has had to consider the effect of s.32 of the Limitation Act 1980 (“LA”) in the context of a competition claim.’

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Competition Bulletin from Blackstone Chambers, 31st October 2014

Source: www.competitionbulletin.com

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