Archive for the 'competition' Category

House of Lords report attacks ‘complacency’ of Big Four auditors in financial crisis, urges competition investigation – Daily Telegraph

“The House of Lords has recommended that Britain’s competition authorities investigate the world’s ‘Big Four’ auditing firms who failed to warn regulators about banks before the financial crash.”

Full story

Daily Telegraph 30th March 2011

Source: www.telegraph.co.uk

Telefónica Móviles España SA v Administración del Estado, Secretaría de Estado de Telecomunicaciones – WLR Daily

Telefónica Móviles España SA v Administración del Estado, Secretaría de Estado de Telecomunicaciones (Case C-85/10);  [2011] WLR (D)  102

“National legislation that provided for a fee to be levied on operators of telecommunications services holding individual licences for the use of radio frequencies, but which did not allocate a specific use to the income derived from that fee, and which significantly increased the fee for a particular technology, was not precluded by article 11(2) of Directive 97/13/EC.”

WLR Daily, 10th March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Health Bill amounts to ‘abolition’ of NHS, academic warns – Daily Telegraph

“Controversial Government reforms will spell the end of the NHS as it stands, academics warn, as the Health Secretary was forced to reassure MPs that hospitals and doctors would not face accusations of running cartels.”

Full story

Daily Telegraph, 22nd March 2011

Source: www.telegraph.co.uk

Ofgem to tackle ‘complex and unfair energy bills’ – BBC News

“Regulator Ofgem has told energy firms they must offer simpler tariffs to help consumers compare prices.”

Full story

BBC News, 21st March 2011

Source: www.bbc.co.uk

Competition law reform could lead to more criminal prosecutions, says expert – OUT-LAW.com

“The reforms of competition law proposed by the Government today could lead to more people being convicted of the criminal cartel offence, according to one expert.”

Full story

OUT-LAW.com, 16th March 2011

Source: www.out-law.com

Merger of Competition Commission and OFT meets with muted response – The Lawyer

“Competition lawyers have offered a lukewarm response to Government proposals to streamline and improve the UK’s competition regime.”

Full story

The Lawyer, 16th March 2011

Source: www.thelawyer.com

British Telecommunications plc v Office of Communications (Hutchison 3G UK Ltd intervening) – WLR Daily

“On its true interpretation section 192(6)(a) of the Communications Act 2003 did not impose a statutory bar on the introduction of fresh evidence on an appeal to the Competition Appeal Tribunal.”
WLR Daily, 11th March 2011

Financial watchdogs get new powers – The Guardian

“Investors and consumers will be given greater protection by new financial watchdogs which will have the power to ban retail products and reveal pending enforcement actions against banks and brokers.”

Full story

The Guardian, 17th February 2011

Source: www.guardian.co.uk

Jeremy Hunt resigned to judicial challenge over BSkyB bid – The Guardian

“The culture secretary, Jeremy Hunt, said today he expects his decision on whether to allow the proposed takeover of BSkyB by Rupert Murdoch’s News Corporation to be judicially challenged whatever decision he comes to.”

Full story

The Guardian, 12th January 2011

Source: www.guardian.co.uk

OFT backs replacement of criminal penalties with civil ones – OUT-LAW.com

“Competition law and consumer watchdog the Office of Fair Trading has welcomed a legal reform proposal that would reduce its reliance on criminal law but has said that proposal should be less rigid to allow it to protect consumers.”

Full story

OUT-LAW.com, 25th Novmber 2010

Source: www.out-law.com

BCL Old Co Ltd and others v BASF SE ( formerlyBASF AG) and others (No 2) – WLR Daily

BCL Old Co Ltd and others v BASF SE (formerly BASF AG) and others (No 2) [2010] EWCA Civ 1258; [2010] WLR (D) 290

“There was no power under the Competition Appeal Tribunal Rules 2003 to extend time for bringing proceedings for follow-on damages under the Competition Act 1998.”

WLR Daily, 15th November 2010

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.

Reckitt Benckiser fined £10.2m by OFT – The Guardian

“Drug company stopped NHS doctors prescribing cheaper alternatives to its heartburn medicine Gaviscon.”

Full story

The Guardian, 15th October 2010

Source: www.guardian.co.uk

OFT to merge with Competition Commission – OUT-LAW.com

“The Office of Fair Trading (OFT) is to be merged with the Competition Commission (CC) in a Government bid to ‘increase the clarity’ of competition law enforcement.”

Full story

OUT-LAW.com, 14th October 2010

Source: www.out-law.com

Resident who fired catapult at gang of troublemakers wins court battle – Daily Telegraph

“A vigilante resident who was sued after firing a catapult at local troublemakers has been vindicated by a judge.”

Full story

Daily Telegraph, 29th September 2010

Source: www.telegraph.co.uk

OFT launches online hotel booking probe – OUT-LAW.com

“The Office of Fair Trading (OFT) is investigating whether the sale of hotel room bookings on the internet breaches competition law, looking into whether an allegedly long-established pricing mechanism is anti-competitive.”

Full story

OUT-LAW.com, 20th September 2010

Source: www.out-law.com

Ofcom ‘to review’ News Corp bid for BSkyB – BBC News

“The BBC has learned that Ofcom will be asked to review News Corporation’s bid for BSkyB once a formal offer is made.”

Full story

BBC News, 15th September 2010

Source: www.bbc.co.uk

Cooper Tire & Rubber Company Europe Ltd and others v Dow Deutschland Inc and others – WLR Daily

Cooper Tire & Rubber Company Europe Ltd and others v Dow Deutschland Inc and others [2010] EWCA Civ 864; [2010] WLR (D) 199

“Once the Commission of the European Communities had found that an undertaking had participated in anti-competitive practices the undertaking to could not rely on the English domestic law concept of separate corporate entity to argue that the undertaking as a whole or a parent company in the group had not participated in those practices. Where it was alleged in a claim against the defendants that representatives of those alleged to have been party to the anti-competitive behaviour had had discussions to co-ordinate that behaviour and that those discussions had led to each of the defendants co-ordinating their anti-competitive behaviour, that was sufficient to allow the claim against the defendants to continue even if none of the defendants fined by the commission was domiciled in England.”

WLR Daily, 26th July 2010

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.

Ad watchdog clears Costa over Starbucks comparison – OUT-LAW.com

“Costa Coffee was entitled to make a claim that Starbucks drinkers preferred its coffee based on the results of a survey it carried out, regulator the Advertising Standards Authority (ASA) has ruled.”

Full story

OUT-LAW.com, 17th June 2010

Source: www.out-law.com

Bar must step up competition with solicitors, chairman warns – Law Society’s Gazette

“The bar must embrace direct access to the public to compete in a system that has been ‘calibrated and designed to hand the entire legal aid pot to solicitors’, the Bar Council chairman said last week.”

Full story

Law Society’s Gazette, 14th June 2010

Source: www.lawgazette.co.uk

Competition Commission confirms ban on point-of-sale PPI – The Guardian

“Watchdog rejects appeal, saying ruling will bring more choice and cheaper rates to payment protection insurance market.”

Full story

The Guardian, 14th May 2010

Source: www.guardian.co.uk

Competition Commission clears music biz merger – OUT-LAW.com

“The Competition Commission has given the all clear to a merger between two live music companies for the second time. Its first decision in the case was quashed by the Competition Appeal Tribunal (CAT).”

Full story

OUT-LAW.com, 7th May 2010

Source: www.out-law.com

Sky forced to cut price of Sports channels – Daily Telegraph

“Sky should face a cap on the amount it can charge rival broadcasters to show its premium sports channels, the media regulator said in a ruling that could herald a significant shake-up of the pay-TV market.”

Full story

Daily Telegraph, 31st March 2010

Source: www.telegraph.co.uk

Royal Bank of Scotland fined £28.6m for breaching competition law – The Guardian

“Royal Bank of Scotland has been fined £28.6m for breaching competition law after sharing confidential details about the pricing of its commercial loans with rival staff at Barclays.”

Full story

The Guardian, 30th March 2010

Source: www.guardian.co.uk

Safeway proceeds with groundbreaking attempt to sue ex-employees for price fixing – OUT-LAW.com

“Safeway has been given permission to continue a groundbreaking lawsuit against former employees and directors which seeks to recover competition law fines from the ex-employees and directors involved in the breaches.”

Full story

OUT-LAW.com, 22nd January 2010

Source: www.out-law.com

Sky forced to slash ITV holding as court sets benchmark for corporate influence – OUT-LAW.com

“Pay TV company BSkyB has been told that it must follow the Competition Commission’s orders and sell over half of its stake in broadcaster ITV at a loss of around £500 million. The Court of Appeal backed the Commission’s ruling.”

Full story

OUT-LAW.com, 21st January 2010

Source: www.out-law.com

British Sky Broadcasting Group plc and another v Competition Commission and another – WLR Daily

British Sky Broadcasting Group plc and another v Competition Commission and another [2010] EWCA Civ 2; [2010] WLR (D) 5

“In deciding whether or not the recommendation of the Competition Commission that a proposed merger should be prevented as contrary to the public interest, the Competition Appeal Tribunal was not required to exercise a greater intensity of judicial review than would be applied on a normal judicial review application. S 120(4) of the Competition Act 1998 required the appeal tribunal to apply the same principles as would be applied by a court on an application for judicial review. It would fly in the face of the section’s words if the tribunal, as a hyper-competent specialised tribunal, were required to undertake a more intensive review.”

WLR Daily, 21st January 2010

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Sky ordered to sell down stake in ITV – The Guardian

“The court of appeal today ordered BSkyB to sell down its 17.9% stake in ITV.”

Full story

The Guardian, 21st January 2010

Source: www.guardian.co.uk

Police worker shot in training given six-figure payout – Daily Telegraph

“A police control room operator who was shot during a training exercise has agreed a six-figure compensation payout.”

Full story

Daily Telegraph, 20th January 2010

Source: www.telegraph.co.uk

Regina v IB – WLR Daily

Regina v IB  [2009] EWCA Crim 2575; [2009] WLR (D) 357

“A ‘cartel offence’ under s 188 of the Enterprise Act 2002 was not a ‘national competition law’ within the meaning of Council Regulation (EC) No 1/2003, so that a Crown Court had jurisdiction to try a prosecution for such an offence although it was not a competition authority designated under art 35 of that Regulation.”

WLR Daily, 10th December 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.

Probe into Friends Reunited sale – BBC News

“ITV’s £25m sale of social networking website Friends Reunited has been referred to the Competition Commission.”

Full story

BBC News, 2nd November 2009

Source: www.bbc.co.uk

Watchdog gives pub industry the all-clear – The Independent

“Britain’s pub industry was given the all-clear by competition watchdogs today following a ‘super complaint’ about so-called beer ties.”

Full story

The Independent, 22nd October 2009

Source: www.independent.co.uk

Tribunal quashes point of sale PPI ban – OUT-LAW.com

“The Competition Commission must reconsider its ban on the sale of payment protection insurance (PPI) at the same time as a loan or credit, the Competition Appeal Tribunal has ruled. But the decision is not necessarily the end of the point of sale prohibition.”

Full story

OUT-LAW.com, 20th October 2009

Source: www.out-law.com

UK competiton regulator rules against Ticketmaster, Live Nation merger – Daily Telegraph

“Britain’s competition authorities have provisionally ruled against the controversial mega-merger of ticketing giant Ticketmaster with the world’s largest concert promoter Live Nation.”

Full story

Daily Telegraph, 8th October 2009

Source: www.telegraph.co.uk

Supermarket ‘test rules’ tweaked – BBC News

“The Competition Commission will press ahead with tougher planning hurdles to stop supermarkets dominating in a local area – but has revised its rules.”

Full story

BBC News, 2nd October 2009

Source: www.bbc.co.uk

OFT proposes referral of local bus services to Competition Commission – Office of Fair Trading

“The OFT has today published its market study into the supply of local bus services and proposes to refer the sector to the Competition Commission (CC) for more detailed investigation.”

Full press release

Office of Fair Trading, 20th August 2009

Source: www.oft.gov.uk

Local bus sector referred to Competition Commission – The Guardian

“The local bus sector is to be investigated over concerns that lack of competition is leading to higher fares for passengers, the Office of Fair Trading announced today.”

Full story

The Guardian, 20th August 2009

Source: www.guardian.co.uk

Directors to face tougher penalties for competition law breaches – OUT-LAW.com

“The Office of Fair Trading (OFT) plans to extend company director bans to include not just those who were directly involved in competition law offences but those who should have done more to prevent them.”

Full story

OUT-LAW.com, 19th August 2009

Source: www.out-law.com

Commission defies supermarkets over ombudsman – The Independent

“Britain’s competition watchdog insisted that supermarkets should be independently regulated after finding evidence they abused their dominance by acting aggressively towards suppliers.”

Full story

The Independent, 4th August 2009

Source: www.independent.co.uk

Bookmakers’ Afternoon Greyhound Services Ltd and others v Amalgamated Racing Ltd and others – WLR Daily

Bookmakers’ Afternoon Greyhound Services Ltd and others v Amalgamated Racing Ltd and others [2009] EWCA Civ 76; [2009] WLR (D) 263

“A co-operative venture between several business participants as the necessary and proportionate means to enter a new market to achieve the overall objective of the venture was not anti-competitive contrary to art 81EC of the EC Treaty.”

WLR Daily, 30th 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.

Racecourse price agreements did not break competition law, says Court of Appeal – OUT-LAW.com

“Racecourses did not break competition laws when they decided to sell their television rights only to a company that they owned. A rival company owned by betting shops has lost its case at the Court of Appeal.”

Full story

OUT-LAW.com, 30th July 2009

Source: www.out-law.com

Enron Coal Services Ltd (in liquidation) v English Welsh and Scottish Railway Ltd – Times Law Reports

Enron Coal Services Ltd (in liquidation) v English Welsh and Scottish Railway Ltd

Court of Appeal

“A challenge to a finding by a regulator of infringement of a prohibition, including the prohibition on the abuse of a dominant position, should be made to the Competition Appeal Tribunal under section 46 of the Competition Act 1998. A claim for damages based on a definitive finding of infringement by a regulator was to be made under section 47A of the 1998 Act, as inserted by section 18(1) of the Enterprise Act 2002.”

Source: www.timesonline.co.uk

Hutchison 3G UK Ltd v Office of Communications (British Telecommunications plc and another intervening) – WLR Daily

Hutchison 3G UK Ltd v Office of Communications (British Telecommunications plc and another intervening) [2009] EWCA Civ 683; [2009] WLR (D) 245

“Where the relevant regulator was considering whether a mobile telecommunications company had ‘significant market power’ under the governing statutory regime the dispute resolution powers of the regulator were properly to be disregarded.”

WLR Daily, 17th 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.

Watchdog defends plan to combat ‘Tesco towns’ – The Guardian

“The competition watchdog is standing firm on its plans to introduce a new test into the planning system in a bid to combat the dominance of big supermarket chains.”

Full story

The Guardian, 16th July 2009

Source: www.guardian.co.uk

BCL Old Co Ltd and Others v BASF SE and Others – Times Law Reports

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

Enron Coal Services Ltd (in liquidation) v English Welsh & Scottish Railway Ltd – WLR Daily

Enron Coal Services Ltd (in liquidation) v English Welsh & Scottish Railway Ltd [2009] EWCA Civ 647; [2009] WLR (D) 224

“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.

Software acquisition anti-competitive, says regulator as partial sale is forced on Capita – OUT-LAW.com

“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.”

Full story

OUT-LAW.com, 5th June 2009

Source: www.out-law.com

A single meeting can count as market-rigging activity, says ECJ – 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.”

Full story

OUT-LAW.com, 4th June 2009

Source: www.out-law.com

Competition referral may call time on tied pubs – The Times

“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.”

Full story

The Times, 13th May 2009

Source: www.timesonline.co.uk

Emerald Supplies Ltd v British Airways plc – WLR Daily

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.

Northern Rock rescue ‘did not limit competition’ – The Times

“The Office of Fair Trading (OFT) has concluded that nationalising Northern Rock has had no ‘significant adverse’ impact on competition across financial services.”

Full story

The Times, 10th March 2009

Source: www.timesonline.co.uk

OFT launches competition inquiry on the buses – The Times

“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.”

Full story 

The Times, 6th March 2009

Source: www.timesonline.co.uk

Tesco wins appeal on competition test – The Guardian

“Tesco has won an appeal against a proposal from competition watchdogs which could have severely restricted the number of new stores it can open.”

Full story

The Guardian, 4th March 2009

Source: www.guardian.co.uk

Commission tackles Microsoft again over product bundling – OUT-LAW.com

“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.”

Full story

OUT-LAW.com, 21st January 2009

Source: www.out-law.com

T-Mobile (UK) Ltd and Another v Office of Communications – Times Law Reports

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 – WLR Daily

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.



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