Competition regulator to prioritise productivity growth in future work – OUT-LAW.com

Posted December 7th, 2017 in competition, employment, news, reports by sally

‘The UK’s Competition and Markets Authority (CMA) will prioritise “cases in markets which underpin and enable economic growth” as part of its programme of work for next year, it has said.’

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OUT-LAW.com, 6th December 2017

Source: www.out-law.com

Market dynamics in the counterfactual: more competitive, not just cheaper – Competition Bulletin from Blackstone Chambers

Posted December 6th, 2017 in competition, consumer credit, damages, fees, news by sally

‘The judgment of Phillips J in Sainsbury’s v Visa [2017] EWHC 3047 (Comm) demonstrates the importance to claimants in competition damages cases of identifying a counterfactual which not only involves lower prices but also involves higher levels of competition.’

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Competition Bulletin from Blackstone Chambers, 5th December 2017

Source: competitionbulletin.com

Ticket resale sites could face court over consumer law concerns – The Guardian

Posted November 29th, 2017 in competition, consumer protection, internet, news by sally

‘Secondary ticketing firms could be fined or taken to court after a year-long investigation by the UK competition regulator uncovered “widespread concerns” about breaches of consumer law.’

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The Guardian, 28th November 2017

Source: www.theguardian.com

City watchdog swoops on £68bn insurance broking market – Daily Telegraph

Posted November 9th, 2017 in competition, financial regulation, insurance, news by sally

‘The City watchdog has turned its attention towards London’s £68bn insurance broking market following “significant changes” to the lucrative sector since its last probe a decade ago.’

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Daily Telegraph, 8th November 2017

Source: www.telegraph.co.uk

Competition watchdog probes high-pressure tactics of hotel booking sites – The Guardian

Posted October 27th, 2017 in competition, consumer protection, hotels, internet, news by sally

‘Britain’s competition watchdog is to investigate hotel booking sites over concerns that consumers are being misled, pressured, and prevented from finding the best deals.’

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The Guardian, 27th October 2017

Source: www.theguardian.com

Unintentionally wide non-compete clause: A warning from the Court of Appeal in Egon Zehnder Ltd v Tillman – Cloisters

Posted October 20th, 2017 in company law, competition, covenants, interpretation, news by sally

‘Having previously blogged on this case (see here for that blog on Egon Zehnder Ltd v Tillman [2017] EWHC 1278 (Ch)), Jacques Algazy QC and Nathaniel Caiden consider the repercussions of the Court of Appeal judgment in Tillman v Egon Zehnder Ltd [2017] EWCA Civ 1054.’

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Cloisters, 12th October 2017

Source: www.cloisters.com

FRAND – NIPC Law

Posted October 9th, 2017 in competition, EC law, inventions, licensing, news, patents, public interest, standards by sally

‘FRAND stands for “fair, reasonable and non-discriminatory”. It refers to the terms upon which the owner of a patent for an invention that is essential to a standard (“standard essential patent” or “SEP”) should license its use.’

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NIPC Law, 8th October 2017

Source: nipclaw.blogspot.co.uk

Competition Appeal Tribunal decision to refuse biggest-ever class action “not susceptible to appeal” – Litigation Futures

Posted October 5th, 2017 in appeals, class actions, competition, consumer credit, news, tribunals by sally

‘The Competition Appeal Tribunal (CAT) has refused solicitor Walter Merricks permission to appeal its decision to deny him a collective proceedings order (CPO) that would allow him bring a £14bn action against Mastercard on behalf of 46m people.’

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Litigation Futures, 4th October 2017

Source: www.litigationfutures.com

Ofcom chief defends decision to cap spectrum auction – OUT-LAW.com

Posted October 4th, 2017 in competition, news, telecommunications by sally

‘Ofcom chief executive Sharon White has defended the telecoms regulator’s decision to put a limit on the amount of mobile spectrum an operator can control, after legal action was launched by two companies.’

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OUT-LAW.com, 3rd October 2017

Source: www.out-law.com

BSB proposes targeted approach to CMA disclosure recommendations: focuses on consumers who would benefit most – Bar Standards Board

Posted October 3rd, 2017 in barristers, competition, consultations, consumer protection, fees, news by sally

‘The Bar Standards Board (BSB) has today published a new consultation outlining its proposed response to the Competition and Markets Authority (CMA) recommendations for more transparency about legal service providers’ fees, services and rights of redress for consumers.’

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Bar Standards Board, 2nd October 2017

Source: www.barstandardsboard.org.uk

Top QCs set to escape price publishing regime – Law Society’s Gazette

Posted October 3rd, 2017 in barristers, competition, fees, news, publishing, queen's counsel by sally

‘QCs instructed in major cases would be exempt from publishing prices under plans set out by the Bar Standards Board today, though the regulator has recommended that the new rules go further than originally proposed by the competition watchdog.’

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Law Society's Gazette, 2nd October 2017

Source: www.lawgazette.co.uk

Legal brains will have a week to defeat AI in lawyer v machine challenge – Legal Futures

Posted October 3rd, 2017 in artificial intelligence, competition, legal profession, news by sally

‘More than 50 solicitors, barristers and in-house counsel have volunteered to outsmart predictive software based on artificial intelligence in a ground-breaking lawyer v machine challenge.’

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Legal Futures, 3rd October 2017

Source: www.legalfutures.co.uk

Revealed: BSB set to expand price transparency obligation beyond public access to referral Bar – Legal Futures

‘The Bar Standards Board (BSB) will say today that new rules on publishing prices should extend to referral barristers as well as those handling public access work.’

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Legal Futures, 2nd October 2017

Source: www.legalfutures.co.uk

CMA fines estate agents cartel £370,000 for rate fixing – The Guardian

Posted September 19th, 2017 in competition, estate agents, news, price fixing by sally

‘A group of estate agents who secretly conspired to keep their fees high to make “as much profit as possible” have been fined £370,000 for operating an illegal cartel.’

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The Guardian, 18th September 2017

Source: www.theguardian.com

Will UK consumer law destroy the care home market? – The Guardian

Posted August 23rd, 2017 in care homes, care workers, competition, consumer protection, news by sally

‘Adult social care is on the financial ropes. Last year it was the introduction of the “national living wage”, this year it’s the requirement to backdate pay for sleep-in shifts. In both cases, the government is being urged to step in to prop up care providers.’

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The Guardian, 22nd August 2017

Source: www.theguardian.com

Collective (in)action? The CAT’s recent judgments on collective proceedings orders – Blackstone Chambers

Posted August 22nd, 2017 in appeals, class actions, competition, news, tribunals by sally

‘At first glance, two recent judgments from the CAT may give the impression that the new UK class action regime is dead in the water. However, on closer inspection there is much in these judgments that prospective claimants will welcome.

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Blackstone Chambers, 7th August 2017

Source: www.blackstonechambers.com

Protecting/Exposing Confidential Documents – Blackstone Chambers

‘In this paper, presented at the recent Blackstone Chambers Employee Competition Seminar, Kerenza Davis addresses the tricky issue of protecting confidential documents when litigating in the areas of employee competition.’

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Blackstone Chambers, 19th July 2017

Source: www.employeecompetition.com

CAT on a Hot Tin Roof: The implications for group actions of the MasterCard decision – Henderson Chambers

Posted August 22nd, 2017 in appeals, class actions, competition, damages, news, tribunals by sally

‘On 21 July, the Competition Appeal Tribunal (CAT) issued its decision dismissing an application for a collective proceedings order (“CPO”) in the MasterCard litigation (Walter Merricks v MasterCard Inc & ors [2017] CAT 16). It is a decision whose significance goes beyond the fact that it is a further illustration of the difficulties of advancing opt-out class actions. It remains the case that, despite nearly two years having elapsed since implementation of schedule 8 of the Consumer Rights Act 2015, no CPO has been made, nor is one likely to be made at any time soon. Whilst the decision is subject to Mr Merricks’ right of appeal, this alerter briefly considers the implications for the management of class actions. In very broad terms, the decision underlines the requirements of a high level of precision and a sound and principled evidential basis in relation to: (1) the definition of the class; (2) the calculation of aggregate class damages; (3) the means for distributing damages within the class; and (4) the elements of a funding agreement.’

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Henderson Chambers, 25th July 2017

Source: www.hendersonchambers.co.uk

Ofcom could face judicial review over Murdoch’s Sky takeover – The Guardian

Posted August 22nd, 2017 in competition, media, mergers, news by sally

‘A campaigning group opposed to Rupert Murdoch’s takeover of Sky is threatening a legal challenge to the media regulator’s ruling that the broadcaster would remain “fit and proper” to hold a UK licence if it was snapped up by 21st Century Fox.’

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The Guardian, 21st August 2017

Source: www.theguardian.com

Appeal to proceed in £14bn landmark Mastercard action – Law Society’s Gazette

Posted August 15th, 2017 in appeals, class actions, competition, consumer credit, news, tribunals by sally

‘A record-breaking £14bn collective action against Mastercard is set to rumble on after the former ombudsman who brought the case on behalf of 46 million consumers seeks to appeal last month’s Competition Appeal Tribunal ruling.’

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Law Society's Gazette, 14th August 2017

Source: www.lawgazette.co.uk