‘The CMA’s updated issues statement on its energy market investigation has been hailed as a ‘win’ for the energy companies, while suggesting that a lack of competition could be due to poor regulation and customer apathy. A closer look at the CMA’s initial findings suggests a more nuanced view.’
Full story (PDF)
Zenith Chambers, 26th February 2015
Source: www.zenithchambers.co.uk
‘The Court of Appeal has rejected Ryanair’s contention that the Competition Appeal Tribunal was incorrect to uphold the Competition Commission’s order that Ryanair should reduce its stake in Aer Lingus from 28.5 to 5 per cent.’
Full story (PDF)
Zenith Chambers, 16th February 2015
Source: www.zenithchambers.co.uk
‘The European Commission announced on 4 February that it fined the UK broker ICAP EUR 14.9 million for its role in allegedly facilitating cartel activity that manipulated the yen Libor interest rate.’
Full story (PDF)
Zenith Chambers, 6th February 2015
Source: www.zenithchambers.co.uk
‘A party that had paid reduced penalties through the UK’s early resolution procedure could not appeal the penalties after the competition authority’s case had collapsed and following successful appeals by other parties to the investigation.’
Full story (PDF)
Zenith Chambers, 2nd February 2015
Source: www.zenithchambers.co.uk
‘Eurotunnel began its cross-Channel ferry service in August 2012 using assets acquired from Sea France after its liquidation in 2011. The transaction was blocked by the Competition Commission in 2013 because it gave Eurotunnel too strong a presence in the cross-channel transportation market. In its 9 January 2015 judgment the Competition Appeal Tribunal dismissed Eurotunnel’s appeal against the decision by the CMA to prohibit the deal for a second time. The judgment is significant when viewed against a background of trades in distressed assets in Europe and internationally. It merits a careful reading for parties seeking to realise value from company liquidations.’
Full story (PDF)
Zenith Chambers, 13th January 2015
Source: www.zenithchambers.co.uk
‘The UK’s Financial Conduct Authority (FCA) is to formally review competition between banks that provide investment and corporate banking services after finding “unanswered questions about potential conflicts of interest and value for money”, it has announced.’
OUT-LAW.com, 23rd February 2015
Source: www.out-law.com
‘There needs to be an independent review of the operation of the legal market to investigate whether the Legal Services Act 2007 is working and why fees have not fallen in the light of greater competition, the Lord Chief Justice said today [27 January].’
Legal Futures, 27th January 2015
Source: www.legalfutures.co.uk
‘FOCUS: Proposed changes to the workings of the Competition Appeals Tribunal (CAT) will make it more likely that competition law is enforced and will give some smaller companies a boost in pursuing competition claims.’
OUT-LAW.com, 23rd January 2015
Source: www.out-law.com
‘“Steps must be taken” to find out why the cost of legal services is increasing, despite the changed market and “great number of providers”, the Lord Chief Justice, Lord Thomas, has said.’
Legal Futures, 16th December 2014
Source: www.legalfutures.co.uk
‘The Competition and Markets Authority has announced that it will probe as a priority suspected anticompetitive agreements involving three companies and a trade association operating in the property sales and lettings sector. The investigation puts under the spotlight possible violations of competition law relating to the setting and advertising of fees by estate agents. The CMA has concerns that the arrangements restricted choice for consumers and their ability to compare prices and value for money.’
Full story (PDF)
Zenith Chambers, 11th December 2014
Source: www.zenithchambers.co.uk
‘There is an interesting little point on costs buried away in last week’s decision in the “Ethernet” disputes in the Competition Appeal Tribunal (see BT plc v Cable & Wireless Worldwide Plc and others [2014] CAT 20).’
Competition Bulletin from Blackstone Chambers, 11th December 2014
Source: www.competitionbulletin.com
‘Britain’s postal regulator Ofcom will not overhaul rules for direct mail delivery competition, dealing a blow to Royal Mail which has complained that rival offers will undermine its ability to deliver a nationwide service.’
The Guardian, 2nd December 2014
Source: www.guardian.co.uk
‘In this blog, Enno Eilts, a Senior Consultant, discusses issues connected with the calculation of interest in damages actions.’
Competition Bulletin from Blackstone Chambers, 18th November 2014
Source: www.competitionbulletin.com
‘The UK’s retail banking sector is set for in-depth scrutiny after the Competition and Markets Authority (CMA) confirmed on 6 November 2014 that it would conduct a Phase 2 market investigation into the supply of retail banking services to personal current account (PCA) customers and to small and medium-sized enterprises (SMEs).’
Full story (PDF)
Zenith Chambers, 10th November 2014
Source: www.zenithchambers.co.uk
‘In 2007, the UK Parliament passed the Legal Services Act (LSA), with the goal of liberalizing the market for legal services in England and Wales and encouraging more competition—in response to the governmentally commissioned ‘Clementi’ report finding the British legal market opaque, inflexible, overly complex, and insulated from innovation and competition.’
OUP Blog, 8th November 2014
Source: www.blog.oup.com
‘A UK court has ruled that pay TV broadcaster BSkyB must make its Sky Sports 1 and 2 channels available on rival BT’s YouView service.’
BBC News, 5th November 2014
Source: www.bbc.co.uk
‘Ever since Johnson v Moreton [1980] AC 37 (61E-G per Lord Hailsham: ‘we should have to adopt the carefree attitude of the Mikado…’), references to Gilbert and Sullivan have been gaining ground in the judgments of our higher Courts. When last year Arden LJ rejected the argument, advanced by the claimant victim of a cartel, that it suffices to establish the intention requirement for the tort of unlawful means conspiracy that the claimant forms part of a class of persons against whom a cartelist’s wrongful acts were targeted, she did so by reference to The Gondoliers.’
Competition Bulletin from Blackstone Chambers, 2nd November 2014
Source: www.competitionbulletin.com
‘How much knowledge does a potential claimant need before time begins to run against a competition claim against a party alleged to have breached competition law? This was the key question addressed by Mr Justice Simon in the first case in which an English Court has had to consider the effect of s.32 of the Limitation Act 1980 (“LA”) in the context of a competition claim.’
Competition Bulletin from Blackstone Chambers, 31st October 2014
Source: www.competitionbulletin.com
Sunrise Brokers LLP v Rodgers [2014] EWCA Civ 1373; [2014] WLR (D) 442
‘In considering whether to grant injunctive relief preventing an employee from working for another employer it was critical whether the grant of such relief would be tantamount to compelling the employee to return to work; and the question whether an employee in such a case who refused to return to work was entitled to continuing emoluments was an issue that essentially turned on the facts of the case. There was no rule requiring the employer to give some form of undertaking as to remuneration which went beyond the employer’s obligations under the contract, in order that the employer should be entitled to obtain an injunction.’
WLR Daily, 23rd October 2014
Source: www.iclr.co.uk
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