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

‘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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Competition Bulletin, 4th August 2017

Source: competitionbulletin.com

BT wins legal challenge against Ofcom’s definition of business broadband markets – OUT-LAW.com

Posted July 28th, 2017 in competition, internet, news, telecommunications by sally

‘Plans to require BT to allow competing telecoms companies access to spare telecoms capacity, so that they can deliver rival broadband services to business customers, have been “quashed” by the UK’s Competition Appeal Tribunal (CAT).’

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OUT-LAW.com, 28th July 2017

Source: www.out-law.com

House of Lords launches inquiry into post-Brexit competition policy – OUT-LAW.com

Posted July 26th, 2017 in brexit, competition, EC law, inquiries, news, select committees by sally

‘The House of Lords’ EU Internal Market Sub-Committee has launched an inquiry into the implications of Brexit on UK competition policy.’

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OUT-LAW.com, 25th July 2017

Source: www.out-law.com

£14bn group action kicked out of court – Law Society’s Gazette

‘A record-breaking collective claim against MasterCard was thrown out by the Competition Appeal Tribunal today in a major blow to the growth of funded class actions in the UK. The case, brought by former financial services ombudsman Walter Merricks on behalf of 46 million consumers who were alleged to be victims of excess ‘interchange fees’ charged by card companies, claimed £14bn in damages. It was the largest sum claimed in English legal history.’

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Law Society's Gazette, 21st July 2017

Source: www.lawgazette.co.uk

The Supreme Court’s Judgment in Eli Lilly v Actavis UK Ltd and Others: how to understand it and why it is important – NIPC Law

Posted July 14th, 2017 in cancer, competition, medicines, news, patents, Supreme Court by sally

‘Supreme Court (Lords Neuberger, Mance, Clarke, Sumption and Hodge) Eli Lilly v Actavis UK Ltd and others [2017] UKSC 48 (12 July 2017)

What the Appeal was about
The pharmaceutical company Eli Lilly and Co (“Lilly”) has developed a drug called pemetrexed which it markets under the brand name Alimta for the treatment of various types of cancer. Used on its own, pemetrexed has unpleasant side effects that can sometimes be fatal but these can be avoided when it is administered as a compound called pemetrexed disodium in combination with vitamin B12.’

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NIPC Law, 13th July 2017

Source: nipclaw.blogspot.co.uk

Big pharma sues drugs watchdog over medicines price cap – Daily Telegraph

Posted July 11th, 2017 in competition, health, medicines, news by sally

‘British pharmaceutical companies are suing the NHS’s drugs watchdog in an effort to prevent drug rationing.’

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Daily Telegraph, 10th July 2017

Source: www.telegraph.co.uk

Charlotte Davies on Proving Misuse of Confidential Information – Littleton Chambers

‘Ex-employers need to protect their confidential information. Some of the most potent weapons in the ex-employers’ armoury are orders for preservation, return and protection of confidential information. However, two recent cases provide a warning of the dangers of making assumptions in relation to applications for that relief, and show the stringent approach taken by the courts to orders for the protection of confidential information.’

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Littleton Chambers, 29th June 2017

Source: www.littletonchambers.com

CMA plans to be ‘single port of call’ for regulated businesses seeking leniency from cartel prosecutions and fines – OUT-LAW.com

‘Businesses operating in the financial services, energy or telecoms sectors are to be encouraged to report their involvement in cartels directly to the Competition and Markets Authority (CMA) under proposals put forward by the regulator.’

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OUT-LAW.com, 3rd July 2017

Source: www.out-law.com

BSB outlines its plan to act on CMA recommendations – Bar Standards Board

Posted June 30th, 2017 in barristers, competition, legal services, news, press releases by sally

‘The Bar Standards Board (BSB) has today published its plan to address the recommendations contained in the Competition and Markets Authority (CMA) report into legal services.’

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Bar Standards Board, 29th June 2017

Source: www.barstandardsboard.org.uk

BSB consults on extending cab-rank rule to direct access cases – but comes out against it – Legal Futures

Posted June 29th, 2017 in barristers, competition, consultations, news, reports by sally

‘The Bar Standards Board (BSB) has argued against extending the cab-rank rule to work where barristers are instructed directly, arguing that access to justice would not improve, it might discourage them from taking instructions from the public, and may lead to clients invoking the rule inappropriately.’

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Legal Futures, 27th June 2017

Source: www.legalfutures.co.uk

Watchdog clamps down on online gambling – BBC News

Posted June 26th, 2017 in competition, consumer protection, gambling, internet, news by sally

‘The competition regulator is to take action against some online gambling companies which it suspects of breaking consumer law.’

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BBC News, 23rd June 2017

Source: www.bbc.co.uk

Lighting company fined for breaching competition law through online price restrictions – OUT-LAW.com

Posted June 23rd, 2017 in competition, fines, internet, news, price fixing by sally

‘A lighting supplier has been fined £2.7 million for requiring retailers to use a minimum price when selling its products online.’

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OUT-LAW.com, 21st June 2017

Source: www.out-law.com

“Weak competition” and legal culture behind lack of external investment through ABS, says LSB report – Legal Futures

‘The low level of external investment in law firms since alternative business structures (ABSs) were allowed more than five years ago “may be a symptom of weak competition in the market overall”, a Legal Services Board (LSB) report has suggested.’

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Legal Futures, 15th June 2017

Source: www.legalfutures.co.uk

‘Excessive pricing’ and pharmaceuticals – Law Society’s Gazette

Posted June 12th, 2017 in competition, markets, medicines, news, price fixing by sally

‘After years of limited focus on ‘excessive pricing’, in December 2016 the Competition and Markets Authority (CMA) took one decision finding that such an abuse of dominance had occurred, and issued a statement of objections in another case. Does this reflect a broad policy shift, or a reaction to specific cases of perceived opportunistic behaviour?’

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Law Society's Gazette, 12th June 2017

Source: www.lawgazette.co.uk

Competition tribunal scolds Law Society over disclosure failure – Legal Futures

Posted June 7th, 2017 in competition, costs, disclosure, documents, indemnities, Law Society, news, tribunals by sally

‘The president of the Competition Appeal Tribunal (CAT) has reproached the Law Society for a “deeply unimpressive” explanation of its failure to disclose all the documents it should have done in the Socrates case.’

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Legal Futures, 7th June 2017

Source: www.legalfutures.co.uk

First opt-out class action withdrawn as potential costs outweigh damages – OUT-LAW.com

Posted June 7th, 2017 in class actions, competition, consumer protection, costs, damages, news, tribunals by sally

‘The UK’s first ‘opt-out’ class action claim has been withdrawn on the basis that its costs would outweigh the potential damages available.’

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OUT-LAW.com, 5th June 2017

Source: www.out-law.com

First opt-out class action withdrawn after damages found to be insufficient – Litigation Futures

Posted June 6th, 2017 in appeals, class actions, competition, costs, damages, news, tribunals by sally

‘The first attempt to bring an opt-out class action has failed after a decision of the Competition Appeal Tribunal (CAT) that meant the claim would not be worth enough money to proceed.’

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Litigation Futures, 5th June 2017

Source: www.litigationfutures.com

Socrates case stayed for quantum discussions as tribunal orders Law Society to pay up to £230,000 in costs – Legal Futures

‘The fall-out from the decision that the Law Society breached competition law looks set to last for several more months after the Competition Appeal Tribunal laid out the timetable for determining damages.’

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Legal Futures, 5th June 2017

Source: www.legalfutures.co.uk

Law Society “abused dominant position” with CQS training monopoly, competition tribunal rules – Legal Futures

‘The Law Society abused its dominant position by requiring over 3,000 law firms to buy its own training in order to maintain their Conveyancing Quality Scheme (CQS) accreditation, the Competition Appeal Tribunal (CAT) has ruled.’

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Legal Futures, 26th May 2017

Source: www.legalfutures.co.uk

Watchdog steps up probe of Just Eat and Hungryhouse merger – Daily Telegraph

Posted May 19th, 2017 in competition, mergers, news by sally

‘The competition watchdog has confirmed it will begin an in-depth investigation into Just Eat’s proposed £200m merger with Hungryhouse.’

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Daily Telegraph, 19th May 2017

Source: www.telegraph.co.uk