Arcadia Group Brands Ltd and others v Visa Inc and others – WLR Daily

Posted August 12th, 2015 in appeals, competition, law reports, limitations by sally

Arcadia Group Brands Ltd and others v Visa Inc and others [2015] EWCA Civ 883; [2015] WLR (D) 359

‘Competition cases were not to be treated differently to other claims for the purposes of the application of the “statement of claim” test in the context of section 32(1)(b) of the Limitation Act 1980, which provided for the postponement of the limitation period in the case of concealment of any fact relevant to the plaintiff’s right of action.’

WLR Daily, 5th August 2015

Source: www.iclr.co.uk

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Yes, m’lud, an airline losing your luggage is awful – so is raising the issue in court – The Guardian

Posted July 31st, 2015 in abuse of position of trust, airlines, competition, judges, news by sally

‘Justice Peter Smith raised the matter of his own lost luggage 33 times in a British Airways competition case. If all judges did this, some companies would never get a fair hearing.’

Full story

The Guardian, 30th July 2015

Source: www.guardian.co.uk

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European Commission sends Statement of Objections in pay-TV investigation – Zenith Chambers

Posted July 28th, 2015 in competition, EC law, licensing, media, news by sally

‘The European Commission has issued a statement of objections to Sky UK and six major US film studies (Disney, NBCUniversal, Paramount Pictures, Sony, Twentieth Century Fox andWarner Bros).The Commission has formed a preliminary view that a licensing agreement between SkyUK and the studios restricts the ability of Sky to sell its pay-TV services to customersoutside the UK and Ireland.’

Full story

Zenith Chambers, 24th July 2015

Source: www.zenithchambers.co.uk

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High Court: solicitors had duty to advise on commercial element of deal – Legal Futures

Posted July 13th, 2015 in causation, competition, covenants, negligence, news, restraint of trade, solicitors by tracey

‘The High Court has dismissed a claim against a firm of solicitors, despite finding it negligent in failing to raise the absence of a covenant in restraint of competition during the purchase of a commercial property.’

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Legal Futures, 13th July 2015

Source: www.legalfutures.co.uk

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Regulator opens investigations into transparency of paid online endorsements – OUT-LAW.com

‘The Competition and Markets Authority (CMA) is investigating whether a number of businesses have broken consumer protection laws by failing to disclose that they have paid others to endorse their company online.’

Full story

OUT-LAW.com, 19th June 2015

Source: www.out-law.com

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Frank Wijckmans talk to Law Vox about competition law – OUP Law Vox

Posted June 17th, 2015 in competition, EC law, news, third parties by sally

‘In this podcast competition law expert Frank Wijckmans talks to George Miller about many aspects of competition law. In a wide-ranging discussion they cover definitions and awareness, leniency and fining regimes, and recidivism as well as liability and third party claims. Frank also situates cartels within the broader landscape of EU competition law and discusses how much of priority they are to the authorities.’

Listen

OUP Law Vox, 6th June 2015

Source: www.soundcloud.com/oupacademic

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HCA International Ltd v Competition and Markets Authority – WLR Daily

Posted June 3rd, 2015 in appeals, bias, competition, law reports, tribunals by sally

HCA International Ltd v Competition and Markets Authority [2015] EWCA Civ 492; [2015] WLR (D) 221

‘The Court of Appeal gave guidance as to the appropriate principles to be applied by a court or tribunal, having quashed a decision by an administrative body, in deciding whether it should remit that decision to be remade by a freshly constituted decision-making body.’

WLR Daily 21st May 2015

Source: www.iclr.co.uk

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UK competition authority gains power to make recommendations on how proposed laws would affect competition – OUT-LAW.com

Posted May 28th, 2015 in competition, legislation, news by sally

‘The Competition and Markets Authority (CMA) now has the power to make written recommendations to UK government ministers on how legislative plans before the UK parliament could impact on competition in UK markets.’

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OUT-LAW.com, 27th May 2015

Source: www.out-law.com

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How to stop your business leaving the building… – Technology Law Update

‘The nightmare scenario. Your co-directors leave and set up a competing business. They lure employees to join them and use your systems and processes to create a copycat product or service. What can you do?’

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Technology Law Update, 27th May 2015

Source: www.technology-law-blog.co.uk

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Recovering penalties from directors and employees: Safeway revisited – Competition Bulletin from Blackstone Chambers

Posted April 30th, 2015 in company directors, competition, damages, employment, fines, news, penalties by sally

‘Can a company which has been fined for anticompetitive conduct seek to recover the fine from the directors and employees responsible by suing them for damages?’

Full story

Competition Bulletin from Blackstone Chambers, 29th April 2015

Source: www.competitionbulletin.com

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Ofcom to consider impact of mobiles and VOIP on landline providers’ market dominance as part of next review – OUT-LAW.com

Posted April 9th, 2015 in competition, consultations, news, telecommunications by sally

‘The growing use of mobile phones, Voice over Internet Protocol (VOIP) and text-based and social media services to initiate calls may mean that the UK’s dominant landline telephone providers no longer require the strictest form of regulation, Ofcom has suggested.’

Full story

OUT-LAW.com, 8th April 2015

Source: www.out-law.com

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Ofwat secures water infrastructure remedies from Bristol Water – Zenith Chambers

Posted April 2nd, 2015 in competition, news, water companies by sally

‘Ofwat has confirmed that Bristol Water has committed to change its procedures and structures to address an alleged abuse of dominance in the provision of water infrastructure.’

Full story (PDF)

Zenith Chambers, 1st April 2015

Source: www.zenithchambers.co.uk

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New Payment Systems Regulator issues Policy Statement – Zenith Chambers

Posted April 2nd, 2015 in banking, competition, financial regulation, news by sally

‘On 25 March 2015, and a week before its operational launch on 1 April 2015 the Payment Systems Regulator (PSR) issued a policy statement (PSR PS15/1). This sets out the new regulatory framework for payment systems in the UK. The PSR is an authority without peers domestically and internationally.Businesses who have not previously been subject to regulatory scrutiny including interbank operators, payment service providers and infrastructure providers will now be subject to industry-wide economic regulation.’

Full story (PDF)

Zenith Chambers, 27th March 2015

Source: www.zenithchambers.co.uk

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Keep legal executives out of the Crown Court, Rivlin report demands – Legal Futures

‘A report for the Bar Council on the future of criminal justice and advocacy has recommended that legal executives are kept out of the Crown Courts, while solicitors should only be granted rights of audience if they have undergone the same level of training as barristers.’

Full story

Legal Futures, 31st March 2015

Source: www.legalfutures.co.uk

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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.’

Full story

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.’

Full story (PDF)

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.’

Full story (PDF)

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.’

Full story (PDF)

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.’

Full story (PDF)

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.’

Full story (PDF)

Zenith Chambers, 13th January 2015

Source: www.zenithchambers.co.uk

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