‘The Competition Appeal Tribunal (CAT) has handed down judgment on the first application for review of a subsidy decision under the Subsidy Control Act 2022, dismissing the application made by a local business against a Durham County Council decision on the basis that it did not involve the grant of a subsidy.’
OUT-LAW.com, 19th September 2023
Source: www.pinsentmasons.com
‘People should not assume a positive outcome from the artificial intelligence boom, the UK’s competition watchdog has warned, citing risks including a proliferation of false information, fraud and fake reviews as well as high prices for using the technology.’
The Guardian, 18th September 2023
Source: www.theguardian.com
‘Judges in the Competition Appeal Tribunal have taken a scythe to costs claims where solicitors were charging as much as 70% above the guideline hourly rate in a high profile group action.’
Law Society's Gazette, 12th September 2023
Source: www.lawgazette.co.uk
‘Google faces a new multibillion-pound lawsuit from UK consumers accusing the company of contributing to cost-of-living price rises.’
The Guardian, 7th September 2023
Source: www.theguardian.com
‘Has the CAT turned full circle in its approach to collective proceedings orders (CPOs)?’
Competition Bulletin, 2nd September 2023
Source: competitionbulletin.com
‘The likely impact of the Supreme Court’s decision in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28.’
Gatehouse Chambers, 26th July 2023
Source: gatehouselaw.co.uk
‘On 25 July 2023, the Court of Appeal handed down its judgment in UK Trucks Claim Limited v Stellantis NV (formerly Fiat Chrysler Automobiles NV) & Others [2023] EWCA Civ 875. The appeal raised important issues in the continued development of the collective proceedings regime, including as to how conflicts of interest within a class might be addressed, the willingness of the Court of Appeal to interfere with the Competition Appeal Tribunal’s (“CAT”) assessment of two rival applications for a collective proceedings order (“CPO”), and the scope of the statutory jurisdiction to appeal. The judgment is accessible here.’
Henderson Chambers, 28th July 2023
Source: www.hendersonchambers.co.uk
‘The Competition and Markets Authority (CMA) has published an update on its housebuilding and private rental market inquiry, formally launched in February.’
Local Government Lawyer, 29th August 2023
Source: www.localgovernmentlawyer.co.uk
‘Jonathan Branton and Alexander Rose consider the lessons which can be learned from the Competition Appeal Tribunal’s decision in the Durham Company Limited v Durham County Council.’
Local Government Lawyer, 11th August 2023
Source: www.localgovernmentlawyer.co.uk
‘On Wednesday [26 July], the Competition Appeal Tribunal handed down a judgment that is particularly significant for its analysis of the European Union (Withdrawal) Act 2018 (the “2018 Act”) and the scope of retained EU law.’
Blackstone Chambers, 28th July 2023
Source: www.blackstonechambers.com
‘On 25 July 2023, the Court of Appeal handed down its judgment in Evans v Barclays Bank Plc & Ors [2023] EWCA Civ 876, widely known as ‘the FX collective proceedings’. The judgment was handed down on the same day as the Court’s judgment in UK Trucks Claim Limited v Stellantis NV (formerly Fiat Chrysler Automobiles NV) & Others [2023] EWCA Civ 875. Both judgments provide welcome additional clarity on matters of certification, and the FX judgment in particular provides useful guidance on (i) the statutory jurisdiction to appeal under section 49(1A) of the Competition Act 1998, (ii) the assessment of whether proceedings should be brought on an opt-in or an opt-out basis, and (iii) and the determination of carriage disputes.’
Henderson Chambers, 28th July 2023
Source: www.hendersonchambers.co.uk
‘A landmark UK Supreme Court ruling on third-party litigation funding rules poses challenges for existing and future collective proceedings, according to two legal experts.’
OUT-LAW.com, 28th July 2023
Source: www.pinsentmasons.com
‘The Court of Appeal last week overturned a decision that £2.7bn collective proceedings over a foreign exchange spot-trading cartel should be on an opt-in, rather than opt-out, basis.’
Legal Futures, 31st July 2023
Source: www.legalfutures.co.uk
‘Litigation funders will have to redraft the terms of their agreements following a widely awaited ruling by the Supreme Court this morning. In PACCAR Inc & Ors v Competition Appeal Tribunal & Ors, four out of five justices ruled that such agreements fall within the statutory definition of damages-based agreements (DBAs). As they had been entered in to without satisfying conditions for DBAs, they were therefore unenforceable.’
Law Society's Gazette, 26th July 2023
Source: www.lawgazette.co.uk
‘Agreements with third-party litigation funders are damages-based agreements (DBAs), the Supreme Court said today in a ruling likely to invalidate almost all existing arrangements.’
Legal Futures, 26th July 2023
Source: www.legalfutures.co.uk
‘This appeal concerns a matter of statutory interpretation in the context of litigation funding. Litigation funding involves the agreement of a third party (with no prior connection to the litigation) to finance all or part of the legal costs of certain litigation, in return for a percentage of any damages recovered should the funded litigant be successful. In particular, this appeal concerns whether each of the agreements to provide this funding, known as litigation funding agreements (“LFAs”), constitute a “damages-based agreement” (“DBA”), a term given a specific definition by statute. In order to be lawful and enforceable a DBA has to satisfy certain conditions. The LFAs have been entered into without satisfying those conditions, so the question whether they constitute DBAs is critical for their enforceability.’
UKSC Blog, 26th July 2023
Source: ukscblog.com
‘Firms offering “quickie” divorces and will writing are to be investigated by the UK’s competition watchdog.’
BBC News, 18th July 2023
Source: www.bbc.co.uk
‘The proportion of consumers who shop around for lawyers has fallen for the first time in 12 years, but the use of unbundling is on the rise, according to new figures.’
Legal Futures, 11th July 2023
Source: www.legalfutures.co.uk
‘The Competition and Markets Authority (CMA) has secured agreements from Sainsbury’s and Asda to stop using unlawful anti-competitive land agreements that prevent competitors from establishing stores near to their own supermarkets.’
Local Government Lawyer, 14th June 2023
Source: www.localgovernmentlawyer.co.uk
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