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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Sunrise Brokers LLP v Rodgers – WLR Daily

Posted October 28th, 2014 in appeals, competition, contract of employment, employment, injunctions, law reports by sally

Sunrise Brokers LLP v Rodgers [2014] EWCA Civ 1373; [2014] WLR (D) 442

‘In considering whether to grant injunctive relief preventing an employee from working for another employer it was critical whether the grant of such relief would be tantamount to compelling the employee to return to work; and the question whether an employee in such a case who refused to return to work was entitled to continuing emoluments was an issue that essentially turned on the facts of the case. There was no rule requiring the employer to give some form of undertaking as to remuneration which went beyond the employer’s obligations under the contract, in order that the employer should be entitled to obtain an injunction.’

WLR Daily, 23rd October 2014

Source: www.iclr.co.uk

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Competition law and public services: insights from the OFT report into higher education – Competition Bulletin from Blackstone Chambers

Posted October 28th, 2014 in competition, education, news, reports, universities by sally

‘Recent public sector reforms have relied on choice and competition to increase the quality and quantity of service provision, whilst also controlling cost, through a programme known as Open Public Services. The use of choice and competition gives rise to public service markets, and ensuring that these markets function effectively is one of the Competition and Markets Authority’s declared objectives. Higher education constitutes one of the larger public service markets, and to understand how the market for undergraduate education in England functions, in October 2013, the OFT launched a Call For Information. Amongst other things, the OFT wished to consider whether it was plausible for universities to have arrived at a uniform fee for all their undergraduate courses without colluding, and whether the way prospective undergraduates apply for university places could harm competition between institutions, to the detriment of students. The OFT’s higher education report, published in March 2014, provides useful insights into the role of competition law in public service markets and of the challenges of apply competition law in public service markets.’

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Competition Bulletin from Blackstone Chambers, 27th October 2014

Source: www.competitionbulletin.com

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Do me a favour! – New Law Journal

Posted October 22nd, 2014 in competition, contracts, EC law, electronic commerce, hotels, news, publishing by sally

‘Does price parity mean price increase when it comes to most favoured nation clauses? Rebecca Owen-Howes reports.’

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New Law Journal, 20th October 2014

Source: www.newlawjournal.co.uk

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Skyscanner: CAT quashes commitments in the online booking sector – Competition Bulletin from Blackstone Chambers

‘In a judgment handed down on Friday, the Competition Appeal Tribunal has quashed the Office of Fair Trading’s decision to accept commitments in the online hotel booking sector. As the first case to consider such commitments, Skyscanner Ltd v CMA [2014] CAT 16 contains some helpful guidance, albeit that Skyscanner’s success actually hinged on a fairly narrow point of regulatory law.’

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Competition Bulletin from Blackstone Chambers, 28th September 2014

Source: www.competitionbulletin.com

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Competition watchdog bans deals between motor insurance and price comparison websites – OUT-LAW.com

Posted September 29th, 2014 in competition, consumer protection, electronic commerce, insurance, internet, news, ombudsmen by tracey

‘Exclusive pricing deals between car insurance providers and price comparison websites (PCWs) will be banned, the UK’s competition watchdog has confirmed, as part of its plans to increase competition and reduce the cost of insurance premiums for drivers.’

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OUT-LAW.com, 26th September 2014

Source: www.out-law.com

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The Latest Guidance On The Enforceability Of Restrictive Covenants – No. 5 Chambers

Posted September 25th, 2014 in competition, contract of employment, enforcement, news, restrictive covenants by sally

‘Mugni Islam-Choudhury reports on the latest developments on restrictive covenants following the cases of Merlin Financial Consultants Ltd v Cooper [2014] IRLR 610, QB and Prophet plc v Huggett [2014] EWCA Civ 1013 (CA).’

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No. 5 Chambers, 18th September 2014

Source: www.no5.com

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Energy price riggers to face jail under new proposals – BBC News

‘Anyone found guilty of rigging wholesale gas and electricity prices faces up to two years in jail, under new proposals by the government.’

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BBC News, 6th August 2014

Source: www.bbc.co.uk

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Banking sector faces wide-ranging review by finance watchdog – The Guardian

Posted July 18th, 2014 in banking, competition, financial regulation, news by tracey

‘Britain’s big four high street banks could be forced to break themselves up after the competition watchdog signalled its intention to launch a sweeping investigation into the £10bn-a-year sector.’

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The Guardian, 18th July 2014

Source: www.guardian.co.uk

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Wrotham Park damages for breach of restrictive covenants and illegitimate competition? The Court says yes in One Step (Support) Ltd –v- Morris-Gardner & Anor [2014] EWHC 2213 – Employment Law Blog

‘In Wrotham Park v Parkside Homes [1974] 1 WLR 798, the Court declined to order a land-owner to destroy a property he had built on his land in breach of a covenant in favour of his neighbour. Instead, it awarded the neighbour damages in lieu of an injunction under Lord Cairns’ Act, in such sum “as might reasonably have been demanded by the [covenantee] … as the quid pro quo for relaxing the covenant” (815). The Court assessed the damages as a modest percentage of the profit anticipated (“with the benefit of foresight”) by the contract breaker. Employment lawyers have sought to exploit Wrotham Park for some time now, particularly following the seminal judgments of the House of Lords in AG v Blake [2001] 1 AC 268, where it was held that in exceptional circumstances (where conventional remedies had no value) the contract breacher could be required to account for the fruits of his breach of contract.’

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Employment Law Blog, 15th July 2014

Source: www.employment11kbw.com

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Supreme Court: BT entitled to introduce new charging regime for connecting ’08’ calls from mobile networks – OUT-LAW.com

‘A new charging scheme proposed by BT, the telecommunications firm, for connecting calls from mobile networks to its ‘0800’, ‘0845’ and ‘0870’ non-geographic fixed line phone numbers should not have been rejected by regulator Ofcom, the UK’s highest court has ruled.’

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OUT-LAW.com, 11th July 2014

Source: www.out-law.com

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Dogma in telecoms, cream for the CAT: 08- numbers in the Supreme Court – Competition Bulletin from Blackstone Chambers

Posted July 11th, 2014 in competition, contracts, EC law, news, Supreme Court, telecommunications by sally

‘The Supreme Court yesterday handed down judgment in British Telecommunications plc v Telefónica O2 UK Ltd & Ors [2014] UKSC 42. Reversing the decision of the Court of Appeal (blogged on here by Emily Neill), Lord Sumption for a unanimous Supreme Court held that there had been no basis for Ofcom to disallow BT’s introduction of “ladder pricing” in wholesale termination charges for certain non-geographic telephone numbers (specifically 080, 0845 and 0870, whence the litigation’s popular name among telecoms lawyers: “08- numbers”).’

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Competition Bulletin from Blackstone Chambers, 10th July 2014

Source: www.competitionbulletin.com

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British Telecommunications plc (Appellant) v Telefónica O2 Ltd and others (Respondents) – Supreme Court

Posted July 9th, 2014 in competition, contracts, EC law, law reports, telecommunications by sally

British Telecommunications plc (Appellant) v Telefónica O2 Ltd and others (Respondents) [2014] UKSC 42 (YouTube)

Supreme Court, 9th July 2014

Source: www.youtube.com/user/UKSupremeCourt

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The English law of causation and the passing-on defence – Competition Bulletin from Blackstone Chambers

Posted June 30th, 2014 in causation, competition, damages, defences, news by sally

‘One of the big questions of English competition law is whether there is such a thing as a “passing-on defence” – – i.e. whether the damages suffered by a purchaser of a cartelized product are reduced or mitigated if he “passes on” some of the overcharge to his own customers. Two follow-on damages actions were due to be heard this term, arising out of the synthetic rubber cartel and the gas insulated switchgear cartel, both of which raised the question of passing-on but both of which have now settled.’

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Competition Bulletin from Blackstone Chambers, 30th June 2014

Source: www.competitionbulletin.com

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