Employees deciding together to establish a competing business: what are the legal principles – 11 KBW

Posted June 26th, 2012 in company directors, competition, employment, news by sally

“In many cases where a person wishes to leave an employment and establish a new business, that person may wish to tell colleagues about the plans and to encourage them to join him or her in the new venture. It may be that there is disaffection in the workplace and that there is a general, if unexpressed, desire to move on.”

Full story (PDF)

11 KBW, 22nd June 2012

Source: www.11kbw.com

Former prisons inspector condemns probation service reform plans – The Guardian

Posted June 25th, 2012 in bills, competition, consultations, news, probation by sally

“Lord Ramsbotham, a former prisons inspector, has condemned government plans to overhaul the probation service and promised to lead a rebellion of peers and politicians unless they are rewritten.”

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The Guardian, 24th June 2012

Source: www.guardian.co.uk

Combating corruption in a global business environment – forthcoming HLE panel discussion – Halsbury’s Law Exchange

Posted June 21st, 2012 in bribery, competition, corruption, enforcement, legislation, news by sally

“According to the Ministry of Justice, it was hoped that the Bribery Act 2010 would ‘provide a more effective legal framework to combat bribery in the public or private sectors’ and ‘help tackle the threat that bribery poses to economic progress and development around the world’.”

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Halsbury’s Law Exchange, 20th June 2012

Source: www.halsburyslawexchange.co.uk

Businesses will be able to challenge supermarkets’ potentially uncompetitive land use restrictions – OUT-LAW.com

Posted June 21st, 2012 in competition, land registration, news, restrictive covenants by sally

“Businesses will be able to challenge land use restrictions put in place by major supermarkets to limit local competition from rival grocery outlets, the Office of Fair Trading (OFT) has announced.”

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OUT-LAW.com, 20th June 2012

Source: www.out-law.com

Ofcom backs regular plurality reviews for powerful media firms – The Guardian

Posted June 19th, 2012 in competition, media, news, reports by sally

“Potential concentrations of media power should be subject to regular, formal reviews, communications regulator Ofcom concluded on Tuesday in a document compiled for culture secretary Jeremy Hunt.”

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The Guardian, 19th June 2012

Source: www.guardian.co.uk

Auto 24 SARL v Jaguar Land Rover France SAS – WLR Daily

Posted June 18th, 2012 in competition, EC law, law reports by sally

Auto 24 SARL v Jaguar Land Rover France SAS (Case C-158/11); [2012] WLR (D) 175

“It had to be possible to verify the precise content of ‘specified criteria’ upon which a quantitative selective distribution system in the motor vehicle sector was granted pursuant to article 1(1)(f) of Commission Regulation (EC) No 1400/2002 of 31 July 2002 on the application of article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the motor vehicle sector (OJ 2002 L203, p 30).”

WLR Daily, 14th June 2012

Source: www.iclr.co.uk

OFT refers ‘dysfunctional’ car insurers to Competition Commission – Daily Telegraph

Posted May 31st, 2012 in competition, consumer protection, insurance, news by tracey

“The Office of Fair Trading (OFT) has provisionally decided to refer the private motor insurance market to the Competition Commission after it found evidence that insurers compete in a ‘dysfunctional way’ that pushes up premiums by £225m a year.”

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Daily Telegraph, 31st May 2012

Source: www.telegraph.co.uk

Addison Lee boss could face prosecution for bus lane instruction – The Guardian

Posted May 22nd, 2012 in competition, news, road traffic, taxis, transport by sally

“The head of one of the UK’s biggest cab companies, Addison Lee, faces possible prosecution for instructing his drivers to ignore the law and use bus lanes in London.”

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The Guardian, 21st May 2012

Source: www.guardian.co.uk

Enforcement of post-termination restrictive covenants following Pirtek (UK) Ltd. v Joinplace Ltd & others [2010] EWHC 1641 (Ch) – Hardwicke Chambers

Posted May 1st, 2012 in competition, EC law, enforcement, news, restrictive covenants by sally

“As a result of the decision in Pirtek (UK) Ltd. v Joinplace Ltd & others [2010] EWHC 1641 (Ch), when considering the enforceability of a post-termination restrictive covenant against competition in a franchise agreement, there are now two things that have to be considered: the franchisor’s interest in having his goodwill in the franchise protected as a matter of common law; and, the franchisor’s interest in having his know-how and the assistance he has given his franchisee protected as a matter of Community law, as enacted in the UK by the Competition Act 1998?”

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Hardwicke Chambers, 25th April 2012

Source: www.hardwicke.co.uk

Government plans for private right of redress against competition law breaches unveiled – OUT-LAW.com

Posted April 26th, 2012 in competition, consultations, news, tribunals by sally

“Businesses will be able to ask a competition tribunal to rule whether actions by rivals are anti-competitive under plans drafted by the Government.”

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OUT-LAW.com, 26th April 2012

Source: www.out-law.com

Jeremy Hunt emails: a legal view – The Guardian

Posted April 25th, 2012 in bias, competition, electronic mail, media, news, takeovers by sally

“The emails revealed between the minister and News Corporation lobbyists suggest a risk of bias, says legal commentator.”

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The Guardian, 24th April 2012

Source: www.guardian.co.uk

Market Trends in Legal Services – Legal Services Board

“The Legal Services Board – the independent body overseeing the regulation of lawyers in England and Wales – is today releasing its Interim Baseline Report on the Market Impact of the Legal Services Act 2007.”

Full story (PDF)

Legal Services Board, 4th April 2012

Source: www.legalservicesboard.org.uk

Related links:

Market impacts of the Legal Services Act – Interim Baseline Report (PDF)

Research programme 2012/13 (PDF)

Legal Services Board concedes ‘no big bang’ in five years since LSA – The Lawyer

“The Legal Services Board (LSB) has admitted that the 2007 Legal Services Act (LSA) has not resulted in sweeping changes to the profession, stating in a five-year progress report that it is ‘early days’ to judge its impact.”

Full story

The Lawyer, 4th April 2012

Source: www.thelawyer.com

Would introducing a minimum price for alcohol of 40p per unit breach EU law? – The Guardian

Posted March 29th, 2012 in alcohol abuse, competition, EC law, freedom of movement, news by sally

“Last week’s announcement regarding minimum alcohol pricing was unusual in a number of respects. Plans for the introduction of a minimum price per unit are already well advanced in Scotland, but the Westminster government is a more recent convert. As soon as the proposal was announced, it was clear the implementation was likely to come under legal challenge from the drinks industry. The Telegraph, the Guardian and the Daily Mail all indicate that the drinks industry had ‘legal advice’ that the minimum pricing would be contrary to EU law.”

Full story

The Guardian, 28th March 2012

Source: www.guardian.co.uk

SRA confirms debut trio of licensed alternative business structures – Legal Week

“The first three alternative business structures (ABS) to be licensed by the Solicitors Regulation Authority (SRA) have been confirmed today (March 28), as the reforms ushered in by the Legal Services Act continue to gather pace.”

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Legal Week, 28th March 2012

Source: www.legalweek.com

OFT’s ‘adversarial’ approach meant witness documents do not have to be disclosed, CAT rules – OUT-LAW.com

Posted March 28th, 2012 in competition, disclosure, news, privilege, tribunals, witnesses by sally

“A supermarket does not have to hand over notes from discussions with witnesses to the Office of Fair Trading as part of an ongoing legal dispute because the information was protected by ‘litigation privilege’, the Competition Appeal Tribunal (CAT) has ruled.”

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OUT-LAW.com, 27th March 2012

Source: www.out-law.com

Djanogly: UK consumers benefiting from solicitors’ big bang – Ministry of Justice

Posted March 28th, 2012 in alternative business structures, competition, news, solicitors by sally

“Consumers in England and Wales will find solicitors more competitive, more efficient and easier to access as new High Street providers are announced today.”

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Ministry of Justice, 28th March 2012

Source: www.justice.gov.uk

Tribunal hands down key privilege ruling in OFT dairy pricing case – Legal Week

Posted March 26th, 2012 in competition, news, price fixing, privilege, tribunals by sally

“The Competition Appeal Tribunal (CAT) has held that confidentiality under litigation privilege applies to Competition Act investigations, in a key ruling in the Office of Fair Trading’s (OFT’s) long-running investigation into dairy retail pricing.”

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Legal Week, 26th March 2012

Source: www.legalweek.com

Sports law: rules of the game – Law Society’s Gazette

Posted March 22nd, 2012 in advertising, competition, drug abuse, media, news, sport by sally

“The complex web of commercial and regulatory issues that surrounds sport is occupying an ever-increasing amount of lawyers’ time. That was evident at the Law Society’s Sports Law Conference, held at Chancery Lane last week. It may be true that, as Charles Russell partner Simon Johnson told the conference, ‘a sports right as such does not exist’. But that has not stopped the rights and laws that affect sport from developing into a unique combination of problems whose resolution requires a growing cast of legal minds.”

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Law Society’s Gazette, 22nd March 2012

Source: www.lawgazette.co.uk

Cartels and law reform – a conspiracy against the public – Halsbury’s Law Exchange

Posted March 21st, 2012 in budgets, competition, news, penalties, prosecutions by sally

“Adam Smith is often quoted for his comment on cartels:

‘People of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public, or in some contrivance to raise prices’.”

Full story

Halsbury’s Law Exchange, 21st March 2012

Source: www.halsburyslawexchange.co.uk