Cloud storage providers to face investigation by regulators – BBC News

Posted December 1st, 2015 in competition, complaints, consumer protection, internet, news by tracey

‘An investigation is to be launched into whether internet users are being charged unfairly when they use cloud storage services. The Competition and Markets Authority (CMA) said some providers may be breaching consumer laws.’

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BBC News, 1st December 2015

Source: www.bbc.co.uk

Should intellectual property be abolished? – OUP Blog

Posted November 24th, 2015 in competition, intellectual property, news by sally

‘The Economist has recently popularised the notion that patents are bad for innovation. Is this right? In my view, this assessment results from too high an expectation of what should be achieved by patents or other intellectual property.’

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OUP Blog, 24th November 2015

Source: www.blog.oup.com

Users who post ‘fake’ Amazon reviews could end up in court – Daily Telegraph

‘Online retail giant files papers in the United States against more than 1,000 people, claiming that its brand reputation is being tarnished by ‘false, misleading and inauthentic’ reviews.’

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Daily Telegraph, 18th October 2015

Source: www.telegraph.co.uk

Uber wins high court case over taxi app – The Guardian

Posted October 16th, 2015 in competition, consultations, internet, news, taxis, telecommunications by sally

‘The taxi-booking service Uber has received a boost after the high court ruled that its app was legal in London. Had it lost the case, the company would have been forced to change its service to comply with rules that protect black-cab drivers.’

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The Guardian, 16th October 2015

Source: www.guardian.co.uk

Appealing energy price controls: guidance for beginners from the CMA – Competition Bulletin from Blackstone Chambers

Posted October 12th, 2015 in appeals, competition, consultations, energy, judicial review, news by tracey

‘The CMA recently published its final determinations in two appeals brought by British Gas and Northern Powergrid against Ofgem’s electricity price controls for the next 8 years (decisions here and here). The appeals were the first under section 11C of the Electricity Act 1989 and the CMA’s decisions will therefore be the first port of call for any practitioners considering appeals against not only price controls but also any modifications made by Ofgem to electricity distributors’ licences.’

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Competition Bulletin from Blackstone Chambers, 9th October 2015

Source: www.competitionbulletin.com

UK court to rule on whether Uber breaches rules on taximeters – OUT-LAW.com

Posted October 8th, 2015 in competition, internet, news, regulations, taxis, telecommunications by sally

‘A UK court is to rule on whether Uber’s mobile app breaches taxi regulations.’

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OUT-LAW.com, 7th October 2015

Source: www.out-law.com

Dust settles on new UK antitrust litigation regime – Zenith Chambers

Posted October 7th, 2015 in class actions, competition, consumer protection, news, tribunals by sally

‘With the Consumer Rights Act 2015 competition law provisions coming into effect on 1 October it is time to reflect on what the reforms, including the new opt-out collective actions regime and enhanced role for the Competition Appeal Tribunal (CAT), will mean in practice.’

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Zenith Chambers, 5th October 2015

Source: www.zenithchambers.co.uk

Private Actions: The CRA 2015 giveth; and the 2015 CAT Rules taketh away – Competition Bulletin from Blackstone Chambers

‘Today, on the 1st October 2015, when we are supposed to be celebrating the brave new world of the Competition Act 1998 (“CA”) as amended by the Consumer Rights Act 2015 (“CRA”), cartelists and other competition law infringers up and down the land must be rubbing their hands in glee at the transitional provisions contained in Rule 119 of the Competition Appeal Tribunal Rules 2015 (“the 2015 CAT Rules” or the “New Rules”).’

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Competition Bulletin from Blackstone Chambers, 1st October 2015

Source: www.competitionbulletin.com

Uber fires back in high court row with TfL – The Guardian

Posted October 2nd, 2015 in competition, internet, news, taxis by tracey

‘Uber, the under-fire taxi-hailing app, has hit out at London’s transport regulator, Transport for London (TfL), for taking it to the high court on Monday in the latest threat to its explosive growth in the London taxi market.’

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The Guardian, 1st October 2015

Source: www.guardian.co.uk

US-style class actions introduced in UK – BBC News

Posted October 1st, 2015 in class actions, compensation, competition, consumer protection, news, tribunals by sally

‘A newly introduced law allows British courts to hear US-style class actions – where one or several people sue on behalf of a much larger group.’

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BBC News, 1st October 2015

Source: www.bbc.co.uk

When should a decision be remitted to a different decision-maker? – Competition Bulletin from Blackstone Chambers

Posted September 28th, 2015 in appeals, competition, health, hospitals, inquiries, news, regulations, tribunals by sally

‘The Court of Appeal’s answer to this question in HCA International Limited v CMA [2015] EWCA Civ 492 was, in effect: rarely. The judgment, which contains some serious criticism of the CMA even though it won the case, illustrates just how high the threshold is before a court will insist that a remitted decision should go to a new decision-maker. It is not enough for the original decision-maker to have made a mistake, however conspicuous. Rather, there needs to be a reasonable perception of unfairness or damage to public confidence in the regulatory process.’

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Competition Bulletin from Blackstone Chambers, 25th September 2015

Source: www.competitionbulletin.com

Adopting new structures for chambers “not so important”, say heads of newly merged set – Legal Futures

Posted September 9th, 2015 in barristers, competition, mergers, news by sally

‘Structures are “far from being as central to the success of a modern set as their proponents suggest”, the joint heads of the newly merged Drystone Chambers have argued.’

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Legal Futures, 8th September 2015

Source: www.legalfutures.co.uk

Google says European Commission’s search engine dominance case is “wrong as a matter of fact, law and economics” – Zenith Chambers

Posted September 4th, 2015 in competition, internet, news by sally

‘Google has responded to the Commission’s Statement of Objections in its search engine dominance investigation, maintaining that the case is without factual, legal or economic foundation.’

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Zenith Chambers, 1st September 2015

Source: www.zenithchambers.co.uk

Payment Systems Regulator Publishes Guidance on Concurrent Competition Powers – Zenith Chambers

Posted September 4th, 2015 in banking, competition, financial regulation, news by sally

‘On 13 August 2015 the Payment Systems Regulator (PSR) issued guidance on how it will apply its concurrent competition law powers in relation to participation in payment systems.’

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Zenith Chambers, 26th September 2015

Source: www.zenithchambers.co.uk

CMA new voluntary redress rules provide a route to compensate victims of competition law infringements – Zenith Chambers

Posted September 4th, 2015 in compensation, competition, news, penalties by sally

‘The Competition and Markets Authority has finalised its guidance on its new powers to approve voluntary redress schemes with effect from 1 October 2015. It explains the circumstances in which the CMA and the concurrent competition regulators may offer up to a 20% discount in the administrative penalty where businesses who have infringed competition law establish schemes to compensate their victims.’

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Zenith Chambers, 18th August 2015

Source: www.zenithchambers.co.uk

Competition watchdog postpones publication of banking inquiry – The Guardian

Posted September 4th, 2015 in banking, competition, news, reports by sally

‘The Competition and Markets Authority has backtracked on its pledge to publish the provisional findings of its investigation into the banking sector this month.’
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The Guardian, 3rd September 2015

Source: www.guardian.co.uk

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

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.’

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The Guardian, 30th July 2015

Source: www.guardian.co.uk

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.’

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Zenith Chambers, 24th July 2015

Source: www.zenithchambers.co.uk

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