Now proportionality test bites in the Competition Appeal Tribunal – Litigation Futures

‘Proportionality has hit the Competition Appeal Tribunal as it capped a defendant’s recoverable costs at £350,000, compared to its budgeted costs of £637,000.’

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Litigation Futures, 24th June 2016

Source: www.litigationfutures.com

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First opt-out collective action lodged with Competition Appeal Tribunal – OUT-LAW.com

Posted June 27th, 2016 in appeals, class actions, competition, consumer protection, damages, news, tribunals by sally

‘The first opt-out collective action seeking damages for breaches of competition law has been lodged with the Competition Appeal Tribunal (CAT), following changes to the law in October 2015.’

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OUT-LAW.com, 27th June 2016

Source: www.out-law.com

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No contract protected against the risk of bid-rigging, says expert – OUT-LAW.com

Posted June 22nd, 2016 in competition, contracts, news, public procurement by sally

‘Procurement professionals in all sectors need to be aware of the risk of bid-rigging of contracts they tender, a procurement law expert has said.’

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OUT-LAW.com, 21st June 2016

Source: www.out-law.com

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Mattress foam cartel claim not suitable for fast-track damages procedure, CAT rules – OUT-LAW.com

Posted June 21st, 2016 in competition, damages, news, tribunals by sally

‘The Competition Appeal Tribunal (CAT) has refused an application by six English mattress makers to use its new fast-track procedure (FTP) to claim damages for anti-competitive behaviour, given the complexity of the underlying issues.’

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OUT-LAW.com, 20th June 2016

Source: www.out-law.com

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Economic complexity: CAT vs High Court – Competition Bulletin from Blackstone Chambers

‘One of the advantages of the Competition Appeal Tribunal is said to be the fact that its three-member panel typically includes an economist. But is that really such a big advantage over the High Court?’

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Competition Bulletin from Blackstone Chambers, 9th June 2016

Source: www.competitionbulletin.com

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Government rules that shoppers have the right to buy items online – as it shames major golf club brand – Daily Telegraph

‘Shoppers cannot legally be denied the right to buy goods online, the Government has ruled, as its consumer arm declared a major golfing retailers’ ban on shops selling its products online as unlawful.’

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Daily Telegraph, 9th June 2016

Source: www.telegraph.co.uk

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New fining powers for UK competition authorities proposed as part of regime reform – OUT-LAW.com

Posted June 3rd, 2016 in competition, fines, news by sally

‘The UK’s competition watchdog could be given new powers to fine businesses that breach the formal commitments or undertakings they give to bring a competition investigation to a close under plans put forward by the government.’

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OUT-LAW.com, 2nd June 2016

Source: www.out-law.com

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HELP! ONE CAN’T BREATHE FOR THE NON-COMPETE CLAUSE… – Littleton Chambers

Posted June 2nd, 2016 in competition, contract of employment, news, small businesses by sally

‘Carol Davis comments on the BIS plans to call for evidence on potentially stifling employment rules and considers a world without non-compete clauses.’

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Littleton Chambers, 23rd March 2016

Source: www.littletonchambers.com

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Competition watchdog attacks UK cloud storage providers – The Guardian

Posted May 27th, 2016 in competition, consumer protection, contracts, internet, news by tracey

‘Cloud storage providers are treating customers unfairly and risk users losing access to their photos and other personal possessions, the competition regulator said. An investigation by the Competition and Markets Authority found providers offered contract terms and practices that could breach consumer law.’

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The Guardian, 27th May 2016

Source: www.guardian.co.uk

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State aid ruling will help inform future investment of public funds, say experts – OUT-LAW.com

Posted May 25th, 2016 in appeals, competition, EC law, loans, local government, news, sport, state aids by sally

‘A recent ruling by the Court of Appeal in London will help public bodies invest public funds into business ventures without breaching state aid rules.’

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OUT-LAW.com, 23rd May 2016

Source: www.out-law.com

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FCA warns banks on use of anti-money laundering rules to close accounts – The Guardian

Posted May 25th, 2016 in banking, charities, competition, EC law, fines, money laundering, news by sally

‘UK banks have been told by the City regulator they should not use anti-money laundering rules as an excuse to close accounts for charities, politicians and other clients just because they perceive them as risky.’

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The Guardian, 24th May 2016

Source: www.guardian.co.uk

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Competition watchdog objects to Land Registry sell-off – The Guardian

Posted May 24th, 2016 in competition, consultations, data protection, land registration, news by sally

‘The competition watchdog has objected to government plans to privatise the Land Registry, warning that allowing a private firm to take possession of property ownership information could cause problems for other businesses.’

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The Guardian, 23rd May 2016

Source: www.guardian.co.uk

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UK competition authorities to be given ‘more powers’ – OUT-LAW.com

Posted May 23rd, 2016 in auditors, bills, competition, consultations, EC law, enforcement, news by sally

‘Competition authorities in the UK are to be given new powers to combat anti-competitive behaviour, according to plans set out in the Queen’s Speech on Wednesday.’

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OUT-LAW.com, 19th May 2016

Source: www.out-law.com

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EE gets Three’s muppet ad banned over ‘undisputed’ reliability claim – The Independent

Posted May 11th, 2016 in advertising, competition, complaints, inquiries, news, telecommunications by sally

‘A Muppet-themed ad by mobile phone provider Three has been banned by the Advertising Standards Authority (ASA) after rival EE complained over its claim to be the “undisputed” most reliable network.’

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The Independent, 11th May 2016

Source: www.independent.co.uk

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Infants in Arms – Do babies pay their way? – 4 KBW

Posted April 26th, 2016 in airlines, children, competition, EC law, news, regulations by sally

‘In two recent decisions, the County Court at Liverpool has held that infants carried in the arms of another passenger were not themselves fare-paying passengers, but had in fact travelled for free. As a consequence, the infants were not eligible for the fixed compensation available to fare-paying passengers under the Regulation (EC) No. 261/2004 (“the Regulation”).’

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4 KBW, 22nd April 2016

Source: www.4kbw.net

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Third ‘fast track’ abuse of dominant position claim filed with Competition Appeal Tribunal – OUT-LAW.com

Posted April 19th, 2016 in appeals, competition, Law Society, news, tribunals by sally

‘A third claim alleging anti-competitive behaviour using a new ‘fast track’ procedure has been filed with the Competition Appeal Tribunal (CAT), showing a “pattern” of such cases beginning to emerge, an expert has said.’

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OUT-LAW.com, 14th April 2016

Source: www.out-law.com

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The UK Competition Regime and the CMA – OUP Blog

Posted April 19th, 2016 in competition, enforcement, fines, mergers, news, reports by sally

‘On 5 February 2015, the National Audit Office (NAO) published a report entitled ‘The UK Competition Regime’. The report assesses the performance of the UK competition regulators, focusing on the Competition and Markets Authority (CMA). It concludes that the CMA has inherited certain strengths, including a positive legacy of merger and market investigation work. However, it has also inherited problems in competition enforcement, which derive, according to the NAO, from a difficult legal environment, very low business awareness of the organisation and competition law more broadly, and reputational damage caused by a series of high profile losses in court.’

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OUP Blog, 19th April 2016

Source: http://blog.oup.com

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UK competition authority to review the way it conducts market investigations – OUT-LAW.com

Posted March 18th, 2016 in banking, competition, energy, enforcement, news, ombudsmen by tracey

‘The Competition and Markets Authority (CMA) in the UK is to review the way it conducts market investigations, it has announced.’

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OUT-LAW.com, 16th March 2016

Source: www.out-law.com

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CMA relaunches merger inquiry into acquisition of three supermarkets- six months after clearance – Zenith Chambers

Posted February 24th, 2016 in competition, EC law, inquiries, mergers, news by sally

‘The CMA is investigating grocer Netto’s completed acquisition of three stores from Co-Operative Group. The announcement of a fresh UK merger control investigation comes in the wake of the CMA’s July 2015 clearance of the transaction and after learning that it should have been notified to the European Commission under the EU Merger Regulation.’

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Zenith Chambers, 5th February 2016

Source: www.zenithchambers.co.uk

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Real Estate Developer Challenges Tesco in Competition Appeal Tribunal – Zenith Chambers

Posted February 24th, 2016 in competition, news, restrictive covenants by sally

‘A property developer has brought proceedings in the Competition Appeal Tribunal (CAT) alleging that a 1997 land agreement with Tesco is in breach of competition law.’

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Zenith Chambers, 23rd February 2016

Source: www.zenithchambers.co.uk

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