Deutsche Bahn AG and others (Respondents) v Morgan Advanced Materials Plc (Appellant) – Supreme Court
Deutsche Bahn AG and others (Respondents) v Morgan Advanced Materials Plc (Appellant) [2014] UKSC 24 (YouTube)
Supreme Court, 9th April 2014
Category: competition
Tobacco decision: the Court of Appeal emphasises finality – Competition Bulletin from Blackstone Chambers
‘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.’
Competition Bulletin from Blackstone Chambers, 8th April 2014
Source: www.competitionbulletin.com
Competition watchdog reduces London hospital sell-off requirement – OUT-Law.com
‘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.’
OUT-LAW.com, 4th April 2014
Source: www.out-law.com
Ofgem asks competition watchdog to investigate big six energy suppliers – The Guardian
‘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.’
The Guardian, 27th March 2014
Source: www.guardian.co.uk
Coming to a tribunal near you: Anti-competitive practices and land agreements? – Hardwicke Chambers
‘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”).’
Hardwicke Chambers, 5th March 2014
Source: www.hardwicke.co.uk
Sharing Risk in Collective Actions – Competition Bulletin from Blackstone Chambers
‘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.’
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
‘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.’
OUT-LAW.com, 18th February 2014
Source: www.out-law.com
Abuse of dominance: no commercial gain, no abuse? – Competition Bulletin from Blackstone Chambers
‘Is it necessary for there to be some commercial benefit to be gained by a dominant undertaking from its conduct before that conduct can be condemned as abusive? No, says Mrs Justice Rose in Arriva the Shires Ltd v London Luton Airport Operations Ltd [2014] EWHC 64 (Ch).’
Competition Bulletin from Blackstone Chambers, 10th February 2014
Source: www.competitionbulletin.com
Competition round-up: January 2014 – Competition Bulletin from Blackstone Chambers
‘It is again time for a round-up of recent competition law developments which have caught our attention.’
Competition Bulletin from Blackstone Chambers, 14th January 2014
Source: www.competitionbulletin.com
Copyright Licensing BBC v EOS – NIPC Law
‘As everyone knows, copyright restricts the acts listed in s.16 (1) of the Copyright, Designs and Patents Act 1988 (“CDPA”) in relation to a work in which copyright subsists (“a copyright work”). Those acts include copying, issuing copies, renting, lending or communicating the work to the public etc. Anyone who does any of those acts without the owner’s licence infringes that copyright. He or she may be sued or in an extreme case prosecuted.’
NIPC Law, 17th December 2013
Source: www.nipclaw.blogspot.co.uk
Car insurance too high, says Competition Commission – The Guardian
‘Car insurance premiums are too high and should be reduced through far-reaching reforms, the competition watchdog has said.’
The Guardian, 17th December 2013
Source: www.guardian.co.uk
TalkTalk v Ofcom – the Court of Appeal stresses that market definition is a tool not an end – Competition Bulletin from Blackstone Chambers
‘The Court of Appeal, in TalkTalk v Ofcom [2013] EWCA Civ 1318, recently gave an important reminder to all competition practitioners that market definitions are a tool rather than an end: what matters is substance not form.’
Competition Bulletin from Blackstone Chambers, 9th December 2013
Source: www.competitionbulletin.com
Sitting in the garden may be pleasant but it’s no holiday – Hardwicke Chambers
‘For a case about garden leave, the apparently aptly named (the irony comes later) employee was a Mr Holliday. He is a stockbroker. On 5 July 2013 he gave notice to his employers that he was intending to leave to join a competitor. On 10 July 2013 he was placed on garden leave. The contract under which he worked had been amended in 2008. It provided for 12 months garden leave on notice to terminate being given. At the same time, his salary was tripled from £40,000 to £120,000 per year. He had an exit interview on 29 July 2013, the purpose of which was to ensure he understood the conditions of his garden leave.’
Hardwicke Chambers, 22nd November 2013
Source: www.hardwicke.co.uk
The Court of Appeal on Cartels and Conflicts – Competition Bulletin from Blackstone Chambers
‘The Court of Appeal handed down two important decisions last week on the application of conflict of law principles to cartel follow-on damages claims: Deutsche Bahn AG & Ors v Morgan Advanced Materials plc & Ors [2013] EWCA Civ 1484 and Ryanair Limited v Esso Italiana Srl [2013] EWCA Civ 1450. The defendants in each case challenged the jurisdiction of the English courts to hear damages claims arising from their cartel activities.’
Competition Bulletin from Blackstone Chambers, 24th November 2013
Source: www.competitionbulletin.com
Restrictions placed on supply of drugs were not anti-competitive, rules Court of Appeal – OUT-LAW.com
“A pharmaceuticals company did not act in breach of UK competition rules when it placed restrictions on its supply of a drug to one of its customers, the Court of Appeal has ruled.”
OUT-LAW.com, 14th November 2013
Source: www.out-law.com
W H Newson Holding Ltd and others v IMI plc and others – WLR Daily
W H Newson Holding Ltd and others v IMI plc and others [2013] EWCA Civ 1377: [2013] WLR (D) 432
“On its true interpretation, section 47A of the Competition Act 1998, which permitted a claimant to bring a follow-on claim to recover damages based on a finding of an infringement of competition law by the Commission of the European Union, permitted a claimant to bring a conspiracy claim provided that all the ingredients of the cause of action could be established by infringement findings in the Commission’s decision.”
WLR Daily, 12th November 2013
Source: www.iclr.co.uk
Conspiracy, the CAT, and the Court of Appeal: “Here is a case unprecedented” (The Gondoliers, Act 2) – Competition Bulletin from Blackstone Chambers
“In W.H. Newson Holding Limited & ors v IMI plc & ors [2013] EWCA Civ 1377, the Court of Appeal has made some important new law regarding the scope of section 47A of the Competition Act 1998 and the tort of common law conspiracy.”
Competition Bulletin from Blackstone Chambers, 13th November 2013
Source: www.competitionbulletin.com
OFT clears Google’s takeover of Waze – OUT-LAW.com
“The Office of Fair Trading (OFT) has cleared Google’s takeover of Israeli-based mapping technology company Waze Mobile after finding it does not raise competition concerns.”
OUT-LAW.com, 12th November 2013
Source: www.out-law.com
UK firms cleared of gas price manipulation – BBC News
“Regulators have found no evidence of price manipulation in the UK wholesale gas market after an investigation.”
BBC News, 7th November 2013
Source: www.bbc.co.uk
