Category: competition

Wrotham Park damages for breach of restrictive covenants and illegitimate competition? The Court says yes in One Step (Support) Ltd –v- Morris-Gardner & Anor [2014] EWHC 2213 – Employment Law Blog

Posted July 17th, 2014 in competition, contract of employment, damages, employment, law reports, news, restrictive covenants by tracey

‘In Wrotham Park v Parkside Homes [1974] 1 WLR 798, the Court declined to order a land-owner to destroy a property he had built on his land in breach of a covenant in favour of his neighbour. Instead, it awarded the neighbour damages in lieu of an injunction under Lord Cairns’ Act, in such sum “as might reasonably have been demanded by the [covenantee] … as the quid pro quo for relaxing the covenant” (815). The Court assessed the damages as a modest percentage of the profit anticipated (“with the benefit of foresight”) by the contract breaker. Employment lawyers have sought to exploit Wrotham Park for some time now, particularly following the seminal judgments of the House of Lords in AG v Blake [2001] 1 AC 268, where it was held that in exceptional circumstances (where conventional remedies had no value) the contract breacher could be required to account for the fruits of his breach of contract.’

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Employment Law Blog, 15th July 2014

Source: www.employment11kbw.com

Supreme Court: BT entitled to introduce new charging regime for connecting ’08’ calls from mobile networks – OUT-LAW.com

Posted July 14th, 2014 in appeals, competition, contracts, dispute resolution, EC law, news, Supreme Court, telecommunications, tribunals by sally

‘A new charging scheme proposed by BT, the telecommunications firm, for connecting calls from mobile networks to its ‘0800’, ‘0845’ and ‘0870’ non-geographic fixed line phone numbers should not have been rejected by regulator Ofcom, the UK’s highest court has ruled.’

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OUT-LAW.com, 11th July 2014

Source: www.out-law.com

Dogma in telecoms, cream for the CAT: 08- numbers in the Supreme Court – Competition Bulletin from Blackstone Chambers

Posted July 11th, 2014 in competition, contracts, EC law, news, Supreme Court, telecommunications by sally

‘The Supreme Court yesterday handed down judgment in British Telecommunications plc v Telefónica O2 UK Ltd & Ors [2014] UKSC 42. Reversing the decision of the Court of Appeal (blogged on here by Emily Neill), Lord Sumption for a unanimous Supreme Court held that there had been no basis for Ofcom to disallow BT’s introduction of “ladder pricing” in wholesale termination charges for certain non-geographic telephone numbers (specifically 080, 0845 and 0870, whence the litigation’s popular name among telecoms lawyers: “08- numbers”).’

Full story

Competition Bulletin from Blackstone Chambers, 10th July 2014

Source: www.competitionbulletin.com

British Telecommunications plc (Appellant) v Telefónica O2 Ltd and others (Respondents) – Supreme Court

Posted July 9th, 2014 in competition, contracts, EC law, law reports, telecommunications by sally

British Telecommunications plc (Appellant) v Telefónica O2 Ltd and others (Respondents) [2014] UKSC 42 (YouTube)

Supreme Court, 9th July 2014

Source: www.youtube.com/user/UKSupremeCourt

The English law of causation and the passing-on defence – Competition Bulletin from Blackstone Chambers

Posted June 30th, 2014 in causation, competition, damages, defences, news by sally

‘One of the big questions of English competition law is whether there is such a thing as a “passing-on defence” – – i.e. whether the damages suffered by a purchaser of a cartelized product are reduced or mitigated if he “passes on” some of the overcharge to his own customers. Two follow-on damages actions were due to be heard this term, arising out of the synthetic rubber cartel and the gas insulated switchgear cartel, both of which raised the question of passing-on but both of which have now settled.’

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Competition Bulletin from Blackstone Chambers, 30th June 2014

Source: www.competitionbulletin.com

Competition law and covenants restrictive of land use – Competition Bulletin from Blackstone Chambers

Posted May 30th, 2014 in competition, news, restrictive covenants by sally

‘Covenants restricting use of land to particular commercial purposes are commonplace. Until recently, the potential for competition law to regulate them was limited, because “land agreements” were excluded from the reach of the Chapter I Prohibition under the Competition Act 1998. The exclusion has, however, been revoked by the Competition Act 1998 (Land Agreements Exclusion Revocation Order) 2010. The OFT has also provided guidance on the application of competition law in this field.’

Full story

Competition Bulletin from Blackstone Chambers, 30th May 2014

Source: www.competitionbulletin.com

Lindum Construction Co Ltd and others v Office of Fair Trading – WLR Daily

Posted May 21st, 2014 in appeals, competition, law reports, penalties, restitution, time limits, tribunals by tracey

Lindum Construction Co Ltd and others v Office of Fair Trading: [2014] EWHC 1613 (Ch); [2014] WLR (D) 219

‘Where the statutory requirements for the imposition of a penalty under the Competition Act 1998 had been complied with, the statutory appeal process provided for by the Act was the exclusive route by which such penalty so imposed could be challenged. A party who failed to appeal against a penalty remained bound by it, irrespective of the outcome of any appeals brought by other parties against whom penalties had been imposed under the same decision.’

WLR Daily, 19th May 2014

Source: www.iclr.co.uk

Permitted use restriction in retail lease breached Competition Act, London court rules – OUT-LAW.com

Posted May 19th, 2014 in competition, landlord & tenant, leases, local government, news by sally

‘A ‘permitted use’ restriction in a commercial lease which limited the type of goods that a retail tenant could sell from the premises was in breach of the Competition Act, a county court in London has ruled.’

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OUT-LAW.com, 19th May 2014

Source: www.out-law.com

Review pushes criminal lawyers towards common training and smaller Bar – Legal Futures

Posted May 9th, 2014 in advocacy, barristers, competition, criminal justice, news, solicitor advocates by sally

‘A future where would-be criminal law barristers train together with solicitors and work at law firms before joining a “smaller, specialist Bar” later in their careers was sketched out yesterday in the government-commissioned review of criminal advocacy.’

Full story

Legal Futures, 8th May 2014

Source: www.legalfutures.co.uk

Are universities breaking consumer protection laws? – The Guardian

Posted April 22nd, 2014 in competition, consumer protection, education, inquiries, news, universities by sally

‘Institutions making last-minute changes to courses have prompted an inquiry by the competition authorities.’

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The Guardian, 22nd April 2014

Source: www.guardian.co.uk

Akzo Nobel NV v Competition Commission and others (Metlac Holding Srl intervening) – WLR Daily

Posted April 17th, 2014 in competition, enforcement, foreign companies, jurisdiction, law reports, mergers by tracey

Akzo Nobel NV v Competition Commission and others (Metlac Holding Srl intervening): [2014] EWCA Civ 482;   [2014] WLR (D)  171

‘For the purposes of determining whether the Competition Commission had power under section 86(1) of the Enterprise Act 2002 to make an enforcement order against a person in order to prevent the anti-competitive outcome of a transaction, a person who exercised the strategic and operational management and control of a manufacturing and sales business, a substantial part of which was carried on within the UK, was to be regarded as “carrying on” that business in the UK, even where he or she never established a presence in the UK and his or her management and control took place entirely outside the UK.’

WLR Daily, 14th April 2014

Source: www.iclr.co.uk

Intellectual property law – achieving a balance between the right to enforce and protecting innovation – Law Commission

Posted April 16th, 2014 in civil procedure rules, competition, enforcement, intellectual property, Law Commission, patents, reports, trade marks by tracey

‘Patents, trade marks and design rights are valuable intellectual property (IP) rights and vital to economic growth. They ensure that research and innovation is encouraged and rewarded. And, for some small businesses, they can represent their most significant assets. The law provides effective ways to enforce IP rights but these can be misused to drive competitors from the market. In a report published today, the Law Commission is recommending reforms that will allow individuals and businesses to protect their IP rights but not at the expense of new ideas and inventions.’

Full report

Law Commission, 15th April 2014

Source: www.justice.gov.uk/lawcommission

Non-Appealing Cartelists Beware – Competition Bulletin from Blackstone Chambers

Posted April 14th, 2014 in appeals, competition, damages, news, Supreme Court, time limits by sally

‘Tucked away at the back of last week’s Supreme Court decision on time-limits for follow-on claims is a very important development for private competition actions.’

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Competition Bulletin from Blackstone Chambers, 13th April 2014

Source: www.competitionbulletin.com

Deutsche Bahn AG and others (Respondents) v Morgan Advanced Materials Plc (Appellant) – Supreme Court

Posted April 10th, 2014 in appeals, competition, EC law, fines, jurisdiction, law reports, Supreme Court, tribunals, whistleblowers by sally

Deutsche Bahn AG and others (Respondents) v Morgan Advanced Materials Plc (Appellant) [2014] UKSC 24 (YouTube)

Supreme Court, 9th April 2014

Source: www.youtube.com/user/UKSupremeCourt

Tobacco decision: the Court of Appeal emphasises finality – Competition Bulletin from Blackstone Chambers

Posted April 8th, 2014 in appeals, competition, news, price fixing, tribunals by sally

‘The Court of Appeal yesterday delivered a judgment that should finally draw a line under one of the Office of Fair Trading’s more troublesome cases – and which will presumably bring a great sigh of relief from the Competition and Markets Authority, the body that has now taken over the OFT’s functions.’

Full story

Competition Bulletin from Blackstone Chambers, 8th April 2014

Source: www.competitionbulletin.com

Competition watchdog reduces London hospital sell-off requirement – OUT-Law.com

Posted April 4th, 2014 in competition, hospitals, news, public private partnerships by sally

‘Private hospital operator HCA must sell one or two of its central London hospitals, the Competition and Markets Authority (CMA) has said, after the watch-dog found evidence that HCA was charging more than competitors and overcharging for routine procedures, the Financial Times reports.’

Full story

OUT-LAW.com, 4th April 2014

Source: www.out-law.com

Ofgem asks competition watchdog to investigate big six energy suppliers – The Guardian

Posted March 27th, 2014 in competition, consumer protection, energy, news by tracey

‘The energy regulator has asked the competition watchdog to investigate Britain’s energy companies in an effort to restore trust in the industry after public uproar over rising fuel bills.’

Full story

The Guardian, 27th March 2014

Source: www.guardian.co.uk

Coming to a tribunal near you: Anti-competitive practices and land agreements? – Hardwicke Chambers

Posted March 10th, 2014 in competition, enforcement, jurisdiction, news, restrictive covenants, tribunals by sally

‘The First Tier Tribunal (Property Chamber) has just been asked to decide whether it has jurisdiction to make a determination as to whether a restrictive covenant is void and unenforceable pursuant to the “Chapter I Prohibition” under the Competition Act 1998 (“the Act”).’

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Hardwicke Chambers, 5th March 2014

Source: www.hardwicke.co.uk

Sharing Risk in Collective Actions – Competition Bulletin from Blackstone Chambers

Posted March 5th, 2014 in class actions, competition, consultations, costs, damages, news by sally

‘Readers of this blog will be familiar with the Government’s announcement, following the conclusion last year of its consultation on private actions in competition law, that it intends to introduce an “opt out” regime for collective competition law actions. In brief, unless they specifically choose to opt out, UK-domiciled consumers and businesses will automatically be included as claimants in collective actions, provided they satisfy the criteria for membership set by the Competition Appeal Tribunal when it certifies the class. One of the particular policy objectives behind this proposal is to empower small businesses and consumers to seek redress in respect of anti-competitive behaviour. The combination of the complexity and cost of seeking such redress is seen currently to form an almost insurmountable hurdle to all but the largest claims.’

Full story

Competition Bulletin from Blackstone Chambers,

Source: www.competitionbulletin.com

Ofcom order requiring BSkyB to sell wholesale access to sports channels reinstated by Court of Appeal – OUT-LAW.com

Posted February 19th, 2014 in appeals, competition, media, news, ombudsmen, sport by sally

‘The Court of Appeal has reinstated an order made by telecoms regulator Ofcom which required pay-TV operator BSkyB (Sky) to sell wholesale access to its sports channels to rival providers at a set price.’

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OUT-LAW.com, 18th February 2014

Source: www.out-law.com