Probation service ‘revolution’ means wholesale privatisation – The Guardian

Posted January 9th, 2013 in competition, consultations, contracting out, news, probation, recidivists by sally

“The justice secretary, Chris Grayling, is to outline plans for the wholesale outsourcing of the probation service with private companies and voluntary sector organisations to take over the rehabilitation of the majority of offenders by 2015.”

Full story

The Guardian, 9th Januaury 2013

Source: www.guardian.co.uk

Tesco scores partial victory in cheese cartel – Competition Bulletin from Blackstone Chambers

Posted December 21st, 2012 in competition, food, news, price fixing by sally

“In a judgment handed down this afternoon, the Competition Appeal Tribunal largely upheld Tesco’s appeal against the OFT’s decision that it had participated in unlawful agreements relating to the price of cheese: see Tesco Stores Ltd v Office of Fair Trading [2012] CAT 31.”

Full story

Competition Bulletin from Blackstone Chambers, 21st December 2012

Source: www.competitionbulletin.com

Civil Aviation Act 2012 – legislation.gov.uk

Posted December 21st, 2012 in airports, competition, legislation by sally

Full text of Act

Source: www.legislation.gov.uk

Government backs reform to regulatory appeals proposes – The Guardian

Posted December 7th, 2012 in appeals, budgets, competition, complaints, consumer protection, media, news by sally

“The ability of big companies to use armies of lawyers to prevent regulators from introducing consumer-friendly measures will be curbed after the chancellor’s autumn statement promised to make appeals quicker and easier.”

Full story

The Guardian, 6th December 2012

Source: www.guardian.co.uk

‘Unfair’ supermarkets could face hefty fines under new watchdog – The Guardian

Posted December 5th, 2012 in competition, consumer protection, fines, news, unfair commercial practices by sally

“Large UK supermarkets which abuse their power in the marketplace and treat suppliers ‘unfairly’ could be fined by a new watchdog under changes announced by the Department for Business.”

Full story

The Guardian, 4th December 2012

Source: www.guardian.co.uk

Another reason to avoid the CAT – Emerson in the Court of Appeal – Competition Bulletin from Blackstone Chambers

Posted December 4th, 2012 in appeals, competition, jurisdiction, news by sally

“The famous Victorian cricketer WG Grace is reputed once to have offered the following advice:

‘When you win the toss – bat. If you are in doubt, think about it, then bat. If you have very big doubts, consult a colleague – then bat.’

The recent Emerson decision [2012] EWCA Civ 1559 is another illustration that bringing a follow on claim in the CAT rather than in the High Court is the law’s equivalent of choosing to bowl.”

Full story

Competition Bulletin from Blackstone Chambers, 4th December 2012

Source: www.competitionbulletin.com

Emerson Electric Co and others v Morgan Crucible Co plc and others – WLR Daily

Posted November 30th, 2012 in competition, law reports, subsidiary companies, tribunals by sally

Emerson Electric Co and others v Morgan Crucible Co plc and others: [2012] EWCA Civ 1559;   [2012] WLR (D)  354

“The fact that a European parent company had been found guilty of infringing European competition law did not give the Competition Appeal Tribunal jurisdiction to hear a follow-on claim for damages brought under section 47A of the Competition Act 1998 against an English subsidiary which had not been an addressee to the European Commission’s decision on infringement.”

WLR Daily, 28th November 2012

Source: www.iclr.co.uk

Down the rabbit-hole: costs, the Comms Act and the Competition Commission – Competition Bulletin from Blackstone Chambers

Posted November 27th, 2012 in competition, costs, news, tribunals by sally

“Where an appeal to the Tribunal under section 192 of the Communications Act 2003 gives rise to specified ‘price control matters’, the CAT must hive them off for determination by the Competition Commission: see section 193(1) and SI 2004/2068. The CAT is then bound by section 193(6) to follow the Commission’s determination, except ‘to the extent that the Tribunal decides, applying the principles applicable on an application for judicial review, that the determination of the Competition Commission is a determination that would fall to be set aside on such an application’: section 193(7).”

Full story

Competition Bulletin from Blackstone Chambers, 27th November 2012

Source: www.competitionbulletin.com

Flip Flopping: Telefonica UK v Office of Communications – Competition Bulletin from Blackstone Chambers

Posted November 9th, 2012 in competition, EC law, news, telecommunications by sally

“What should Ofcom do when mobile network operators (‘MNOs’) spot a loophole in the regulator’s price control mechanism and proceed to ‘game’ the system over several years, increasing their revenues by many millions of pounds?”

Full story

Competition Bulletin from Blackstone Chambers, 6th November 2012

Source: www.competitionbulletin.com

Folien Fischer AG and another v Ritrama SpA (Case C-133/11) – WLR Daily

Posted October 29th, 2012 in competition, conflict of laws, EC law, jurisdiction, law reports by sally

Folien Fischer AG and another v Ritrama SpA (Case C-133/11); [2012] WLR (D) 292

“An action for a negative declaration seeking to establish the absence of liability in tort, delict, or quasi-delict fell within the scope of article 5(3) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L12, p 1).”

WLR Daily, 25th October 2012

Source: www.iclr.co.uk

BCL No.2: The Supreme Court addresses time limits in follow-on claims – Competition Bulletin from Blackstone Chambers

Posted October 29th, 2012 in appeals, competition, damages, news, Supreme Court, time limits by sally

“The White Paper which first proposed follow-on damages claims promised a ‘swift’ and ‘streamlined’ procedure. The idea was that when a regulator had made an infringement finding, there would be a simple way for victims to claim damages without having to prove the infringement afresh.”

Full story

Competition Bulletin from Blackstone Chambers, 28th October 2012

Source: www.competitionbulletin.com

OFT intervenes over £52m ‘tax’ on school uniforms – Daily Telegraph

Posted October 26th, 2012 in competition, consumer protection, news, school children by sally

“Head teachers are being told to overhaul school uniform policies after it emerged that parents were being hit by a punitive ‘tax’ on sweaters, shirts, blazers and ties.”

Full story

Daily Telegraph, 25th October 2012

Source: www.telegraph.co.uk

Virgin Media and BT take legal action against Birmingham council broadband – The Guardian

Posted October 22nd, 2012 in competition, complaints, internet, local government, news, state aids by sally

“Virgin Media and BT are taking legal action against Birmingham city council over the use of public money to build a broadband network that directly competes with their own.”

Full story

The Guardian, 21st October 2012

Source: www.guardian.co.uk

Companies can challenge regulator’s calculation of fines for anti-competitive behaviour under new procedure – OUT-LAW.com

Posted October 18th, 2012 in appeals, competition, fines, news, penalties by sally

“Organisations that face being fined for breaching UK competition law will be able to challenge the level of penalty being proposed or the way the fine has been calculated under a new procedure outlined by the Office of Fair Trading (OFT).”

Full story

OUT-LAW.com, 18th October 2012

Source: www.out-law.com

Lord McNally’s speech for Legal Aid Practitioners Group Conference – Ministry of Justice

Posted October 15th, 2012 in bills, budgets, competition, dispute resolution, legal aid, speeches by sally

“Lord McNally’s speech for Legal Aid Practitioners Group Conference.”

Full speech

Ministry of Justice, 12th October 2012

Source: www.justice.gov.uk

Competition law and the National Health Service – Competition Bulletin from Blackstone Chambers

Posted October 9th, 2012 in competition, health, news, price fixing by sally

“On 16 August 2012 the Office of Fair Trading revealed that eight NHS trusts had been engaged in the exchange of commercially sensitive information. The information related to the price each would charge self-paying patients, or patients’ insurers, for treatment in a hospital operated by an NHS trust when that treatment was privately funded. The file was closed when the OFT received assurances that the information exchange had ceased and that the parties would provide their staff with training on competition law compliance.”

Full story

Competition Bulletin from Blackstone Chambers, 8th October 2012

Source: www.competitionbulletin.com

OFT welcomes DBIS proposals for reforms in private enforcement of competition law – Competition Bulletin from Blackstone Chambers

Posted October 1st, 2012 in competition, enforcement, jurisdiction, news by sally

“Many readers will now be familiar with the proposals for the reform of private competition claims launched by the Department for Business Innovation and Skills (‘DBIS’) in April 2012 (‘Private actions in competition law: A consultation on options for reform’). Published at the end of July 2012 when most people had better things to do, the OFT’s Response has generated less attention. It nonetheless provides a general endorsement of the DBIS proposals.”

Full story

Competition Bulletin from Blackstone Chamber, 28th September 2012

Source: www.competitionbulletin.com

Car insurance industry to face Competition Commission investigation – The Guardian

Posted September 28th, 2012 in competition, insurance, news by sally

“Britain’s private motor insurance market has been referred to the Competition Commission to investigate whether drivers are being hit with artificially high car hire and repair charges.”

Full story

The Guardian, 28th September 2012

Source: www.guardian.co.uk

OFT able to levy fines up to 30% of firms ‘relevant turnover’ for anti-competitive behaviour – OUT-Law.com

Posted September 12th, 2012 in company law, competition, EC law, fines, news by sally

“Businesses now face fines worth up to 30% of their annual turnover in a particular market if they engage in anti-competitive behaviour, following an update to the UK competition regulator’s penalties regime.”

Full story

OUT-LAW.com, 12th September 2012

Source: www.out-law.com

OFT launches review into price of petrol – The Independent

Posted September 5th, 2012 in competition, consumer protection, news, transport by sally

“The Office of Fair Trading today launched a review into whether reductions in the price of crude oil are being passed on to motorists.”

Full story

The Independent, 5th September 2012

Source: www.independent.co.uk