competition – Page 30 – Current Awareness

Enforcement of post-termination restrictive covenants following Pirtek (UK) Ltd. v Joinplace Ltd & others [2010] EWHC 1641 (Ch) – Hardwicke Chambers

Posted May 1st, 2012 in competition, EC law, enforcement, news, restrictive covenants by sally

“As a result of the decision in Pirtek (UK) Ltd. v Joinplace Ltd & others [2010] EWHC 1641 (Ch), when considering the enforceability of a post-termination restrictive covenant against competition in a franchise agreement, there are now two things that have to be considered: the franchisor’s interest in having his goodwill in the franchise protected as a matter of common law; and, the franchisor’s interest in having his know-how and the assistance he has given his franchisee protected as a matter of Community law, as enacted in the UK by the Competition Act 1998?”

Full story

Hardwicke Chambers, 25th April 2012

Source: www.hardwicke.co.uk

Government plans for private right of redress against competition law breaches unveiled – OUT-LAW.com

Posted April 26th, 2012 in competition, consultations, news, tribunals by sally

“Businesses will be able to ask a competition tribunal to rule whether actions by rivals are anti-competitive under plans drafted by the Government.”

Full story

OUT-LAW.com, 26th April 2012

Source: www.out-law.com

Jeremy Hunt emails: a legal view – The Guardian

Posted April 25th, 2012 in bias, competition, electronic mail, media, news, takeovers by sally

“The emails revealed between the minister and News Corporation lobbyists suggest a risk of bias, says legal commentator.”

Full story

The Guardian, 24th April 2012

Source: www.guardian.co.uk

Market Trends in Legal Services – Legal Services Board

Posted April 4th, 2012 in alternative business structures, competition, legal services, Legal Services Board, news by sally

“The Legal Services Board – the independent body overseeing the regulation of lawyers in England and Wales – is today releasing its Interim Baseline Report on the Market Impact of the Legal Services Act 2007.”

Full story (PDF)

Legal Services Board, 4th April 2012

Source: www.legalservicesboard.org.uk

Legal Services Board concedes ‘no big bang’ in five years since LSA – The Lawyer

Posted April 4th, 2012 in alternative business structures, competition, legal services, Legal Services Board, news by sally

“The Legal Services Board (LSB) has admitted that the 2007 Legal Services Act (LSA) has not resulted in sweeping changes to the profession, stating in a five-year progress report that it is ‘early days’ to judge its impact.”

Full story

The Lawyer, 4th April 2012

Source: www.thelawyer.com

Would introducing a minimum price for alcohol of 40p per unit breach EU law? – The Guardian

Posted March 29th, 2012 in alcohol abuse, competition, EC law, freedom of movement, news by sally

“Last week’s announcement regarding minimum alcohol pricing was unusual in a number of respects. Plans for the introduction of a minimum price per unit are already well advanced in Scotland, but the Westminster government is a more recent convert. As soon as the proposal was announced, it was clear the implementation was likely to come under legal challenge from the drinks industry. The Telegraph, the Guardian and the Daily Mail all indicate that the drinks industry had ‘legal advice’ that the minimum pricing would be contrary to EU law.”

Full story

The Guardian, 28th March 2012

Source: www.guardian.co.uk

SRA confirms debut trio of licensed alternative business structures – Legal Week

Posted March 28th, 2012 in alternative business structures, competition, legal services, licensing, news, solicitors, Solicitors Regulation Authority by sally

“The first three alternative business structures (ABS) to be licensed by the Solicitors Regulation Authority (SRA) have been confirmed today (March 28), as the reforms ushered in by the Legal Services Act continue to gather pace.”

Full story

Legal Week, 28th March 2012

Source: www.legalweek.com

OFT’s ‘adversarial’ approach meant witness documents do not have to be disclosed, CAT rules – OUT-LAW.com

Posted March 28th, 2012 in competition, disclosure, news, privilege, tribunals, witnesses by sally

“A supermarket does not have to hand over notes from discussions with witnesses to the Office of Fair Trading as part of an ongoing legal dispute because the information was protected by ‘litigation privilege’, the Competition Appeal Tribunal (CAT) has ruled.”

Full story

OUT-LAW.com, 27th March 2012

Source: www.out-law.com

Djanogly: UK consumers benefiting from solicitors’ big bang – Ministry of Justice

Posted March 28th, 2012 in alternative business structures, competition, news, solicitors by sally

“Consumers in England and Wales will find solicitors more competitive, more efficient and easier to access as new High Street providers are announced today.”

Full story

Ministry of Justice, 28th March 2012

Source: www.justice.gov.uk

Tribunal hands down key privilege ruling in OFT dairy pricing case – Legal Week

Posted March 26th, 2012 in competition, news, price fixing, privilege, tribunals by sally

“The Competition Appeal Tribunal (CAT) has held that confidentiality under litigation privilege applies to Competition Act investigations, in a key ruling in the Office of Fair Trading’s (OFT’s) long-running investigation into dairy retail pricing.”

Full story

Legal Week, 26th March 2012

Source: www.legalweek.com

Sports law: rules of the game – Law Society’s Gazette

Posted March 22nd, 2012 in advertising, competition, drug abuse, media, news, sport by sally

“The complex web of commercial and regulatory issues that surrounds sport is occupying an ever-increasing amount of lawyers’ time. That was evident at the Law Society’s Sports Law Conference, held at Chancery Lane last week. It may be true that, as Charles Russell partner Simon Johnson told the conference, ‘a sports right as such does not exist’. But that has not stopped the rights and laws that affect sport from developing into a unique combination of problems whose resolution requires a growing cast of legal minds.”

Full story

Law Society’s Gazette, 22nd March 2012

Source: www.lawgazette.co.uk

Cartels and law reform – a conspiracy against the public – Halsbury’s Law Exchange

Posted March 21st, 2012 in budgets, competition, news, penalties, prosecutions by sally

“Adam Smith is often quoted for his comment on cartels:

‘People of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public, or in some contrivance to raise prices’.”

Full story

Halsbury’s Law Exchange, 21st March 2012

Source: www.halsburyslawexchange.co.uk

Government presses ahead with plans for single competition authority – OUT-LAW.com

Posted March 19th, 2012 in competition, markets, news, ombudsmen by sally

“The Government is to press ahead with its plans to merge the competition functions of the Office of Fair Trading (OFT) with those of the Competition Commission (CC).”

Full story

OUT-LAW.com, 16th March 2012

Source: www.out-law.com

Antitrust and Regulatory Risks in the Energy Sector – Thirty Nine Essex Street

Posted March 6th, 2012 in competition, EC law, electricity, energy, news, regulations by sally

“A review of EU action over time in creating a competitive, internal market in gas and electricity.”

Full story (PDF)

Thirty Nine Essex Street, 25th January 2012

Source: www.39essex.com

Banks could face competition probe if they do not improve service, OFT warns – OUT-LAW.com

Posted February 20th, 2012 in banking, competition, consumer protection, news, speeches by sally

“The UK’s ‘big four’ lending banks could face a referral to the Competition Commission (CC) and potential break-up if they do not change their approach to consumer banking, the head of regulator the Office of Fair Trading (OFT) has warned.”

Full story

OUT-LAW.com, 20th February 2012

Source: www.out-law.com

Ryanair Holdings Ltd v Office of Fair Trading and another – WLR Daily

Posted January 5th, 2012 in airlines, appeals, competition, law reports, limitations, news, tribunals by sally

Ryanair Holdings Ltd v Office of Fair Trading and another; [2011] EWCA Civ 1579; [2011] WLR (D) 392

“The Competition Appeal Tribunal Rules granted a power to suspend the running of time, with regard to an investigation by the OFT, as a matter of urgency and in order to protect the public interest.”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk

Djanogly: Reform to solicitors to give UK consumers greater choice – Ministry of Justice

Posted January 4th, 2012 in alternative business structures, competition, news, solicitors, Solicitors Regulation Authority by sally

“UK consumers and businesses will find solicitors’ firms more competitive, more accessible and more efficient following new reforms to legal services. From today, radical reforms to the legal sector are being accelerated by the addition of the Solicitors Regulation Authority to the licensing authorities for the new Alternative Business Structures (ABSs).”

Full press release

Ministry of Justice, 3rd January 2011

Source: www.justice.gov.uk

Pierre Fabre Dermo-Cosmétique SAS v Président de l’Autorité de la concurrence (Ministère public and another, interveners) (Case C-439/09) – WLR Daily

Posted December 14th, 2011 in competition, EC law, law reports, pharmacists, sale of goods by sally

Pierre Fabre Dermo-Cosmétique SAS v Président de l’Autorité de la concurrence (Ministère public and another, interveners) (Case C-439/09); [2011] WLR (D) 359

“In the context of a selective distribution system, a contractual clause requiring sales of cosmetics and personal care products to be made in a physical space where a qualified pharmacist had to be present, resulting in a ban on the use of the internet for those sales, amounted to a restriction by object within the meaning of article 101(1)FEU of the FEU Treaty where it was apparent that that clause was not objectively justified. The block exemption provided for in article 2 of Commission Regulation (EC) No 2790/1999 of 22 December 1999 on the application of article 81(3) of the Treaty to categories of vertical agreements and concerted practices (OJ 1999 L336, p 21) did not apply to a selective distribution contract which contained a clause prohibiting de facto the internet as a method of marketing.”

WLR Daily, 13th December 2011

Source: www.iclr.co.uk

Private health insurance market faces investigation – Daily Telegraph

Posted December 8th, 2011 in competition, consumer protection, health, news by sally

“The Office of Fair Trading has referred the privately funded healthcare industry to the Competition Commission after it found a number of features that prevent, restrict or distort competition in the £5bn UK private healthcare market.”

Full story

Daily Telegraph, 8th December 2011

Source: www.telegraph.co.uk

Bar Council Welcomes Postponement of Competition Reforms but Urges Swift Settlement of Outstanding Advocates’ Fees – The Bar Council

Posted December 2nd, 2011 in barristers, competition, fees, press releases by sally

“The Bar Council, which represents barristers in England and Wales, has welcomed much of today’s Written Ministerial Statement published by the Ministry of Justice (MoJ), which has announced substantial postponement of the implementation of planned price-based competition for the Criminal Defence Service.”

Full press release with link to the statement

The Bar Council, 1st December 2011

Source: www.barcouncil.org.uk