BCL Old Co Ltd and Others v BASF SE and Others
Court of Appeal
“The two-year time limit for bringing a claim for loss resulting from an infringement of EC or UK competition rules could be postponed where there was an appeal against the infringement itself. The time limit continued to run, however, where there was an appeal against the penalty imposed.”
The Times, 9th July 2009
Source: www.timesonline.co.uk
“The jurisdiction of the Competition Appeal Tribunal under s 47A of the Competition Act 1998 was limited to the determination of follow-on claims for damages based on a finding by a regulator of infringement of a relevant prohibition. Such a finding was not only a pre-condition to the making of a s 47A(1) claim, it also determined and defined the claim’s limits and the tribunal’s jurisdiction in respect of it. The Court of Appeal had jurisdiction under s 49 of the 1998 Act to hear an appeal against a strike-out decision of the tribunal under r 40 of the Competition Appeal Tribunal Rules 2003, whether that decision was to strike out or not to strike out a claim.”
WLR Daily, 2nd July 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“A software company must sell one of the divisions of a recently acquired former rival immediately or it will be forced to sell the whole company, the Competition Commission has ruled. The merger would damage competition in a specialised software market, it said.”
OUT-LAW.com, 5th June 2009
Source: www.out-law.com
“A group of companies can be guilty of breaking competition law even if they only meet once and the action taken does not result in higher prices for consumers, the European Court of Justice (ECJ) has ruled.”
OUT-LAW.com, 4th June 2009
Source: www.out-law.com
“A parliamentary committee has delivered a stinging rebuke to Britain’s biggest tenanted pub companies after concluding that the ‘tied’ business model should be referred to the Competition Commission.”
The Times, 13th May 2009
Source: www.timesonline.co.uk
Emerald Supplies Ltd v British Airways plc [2009] EWHC 741 (Ch); [2009] WLR (D) 136
“The court had no jurisdiction to make a representation order under CPR r 19.6 where the criteria for inclusion in the class depended on the outcome of the action itself.”
WLR Daily, 9th April 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“The Office of Fair Trading (OFT) has concluded that nationalising Northern Rock has had no ‘significant adverse’ impact on competition across financial services.”
The Times, 10th March 2009
Source: www.timesonline.co.uk
“The Office of Fair Trading (OFT) began an investigation into local bus services yesterday. The regulator said that the inquiry had been prompted by increasing concentration in the sector, which, after a number of takeovers, had left nearly two thirds of services controlled by only five large operators: Arriva, Go-Ahead, Stagecoach, FirstGroup and National Express.”
The Times, 6th March 2009
Source: www.timesonline.co.uk
“Tesco has won an appeal against a proposal from competition watchdogs which could have severely restricted the number of new stores it can open.”
The Guardian, 4th March 2009
Source: www.guardian.co.uk
“Microsoft is abusing its dominant position in the PC software market by including its browser software with every Windows operating system it sells, the European Commission has said.”
OUT-LAW.com, 21st January 2009
Source: www.out-law.com
T-Mobile (UK) Ltd and Another v Office of Communications
Court of Appeal
“An appeal from a decision of the Office of Communications (Ofcom) concerning the award of wireless telegraphy licences lay by way of judicial review and not to the Competition Appeal Tribunal.”
The Times, 18th December 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
T Mobile (UK) Ltd and another v Office of Communications [2008] EWCA Civ 1373; [2008] WLR (D) 391
“A challenge to a the decision of the Office of Communications (‘Ofcom’) concerning the award of wireless telegraphy licences lay by way of a claim for judicial review and not an appeal to the Competition Appeal Tribunal (‘CAT’).”
WLR Daily, 16th December 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“As cartels go, it does not seem the sort to keep competition lawyers awake at night.”
The Times, 10th December 2008
Source: www.timesonline.co.uk
“An activist group today accused Gordon Brown and Alistair Darling of ‘ripping up’ competition rules in pushing through the merger of HBOS and Lloyds TSB.”
The Times, 8th December 2008
Source: www.timesonline.co.uk
“The Competition Commission has provisionally concluded that a proposed joint venture among the UK’s biggest broadcasters will restrict competition in the supply of video on-demand (VOD) services in the UK.”
OUT-LAW.com, 3rd December 2008
Source: www.out-law.com
“A restriction on Lloyd’s managing agents doing business with non-Lloyd’s brokers was lifted last week by an order modernising the way the world’s leading specialist insurance market operates.”
OUT-LAW.com, 24th November 2008
Source: www.out-law.com
“DLA’s head of competition, who was born on a fairground, says that competition watchdogs will only get more active.”
The Times, 17th November 2008
Source: www.timesonline.co.uk
“Tesco bosses will outline their case against moves by the Competition Commission to prevent their larger stores dominating towns and villages.”
Daily Telegraph, 11th November 2008
Source: www.telegraph.co.uk
Devenish Nutrition Ltd v Sanofi-Aventis SA (France) and Others
Court of Appeal
“An account of profits could not be awarded on a claim for a nonproprietary tort.”
The Times, 4th November 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“Virgin Media has had a competition tribunal appeal rejected that, if upheld, could have resulted in rival pay-TV broadcaster BSkyB being forced to sell its entire 17.9% stake in ITV.”
The Guardian, 30th October 2008
Source: www.guardian.co.uk
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