Competition and Monopolies in UK Law

Leading Cases
  • L'Oréal SA and Others v Bellure NV (Case C-487/07)
    • Court of Appeal (Civil Division)
    • 21 May 2010

    Mr Carr submits that in many other EU countries those circumstances are regarded as unfair competition. He is probably right about some EU countries, though my general understanding (I could not give chapter and verse) is that in some countries there has been a “rowing back” on what amounts to “unfair competition”. But even if such circumstances amount to unfair competition in some countries, it is surely clear that the concept of “unfair advantage” is an autonomous EU concept.

  • Roche Products Ltd and Others v Provimi Ltd
    • Queen's Bench Division (Commercial Court)
    • 06 May 2003

    It seems to me to be arguable that where two corporate entities are part of an "udertaking" (call it "Undertaking A") and one of those entities has entered into an infringing agreement with other, independent, "undertakings", then if another corporate entity which is part of Undertaking A then implements that infringing agreement, it is also infringing Article 81.

  • Emerald Supplies Ltd v British Airways Plc
    • Court of Appeal (Civil Division)
    • 18 November 2010

    A second difficulty is that the members of the represented class do not have the same interest in recovering damages for breach of competition law if a defence is available in answer to the claims of some of them, but not to the claims of others: for example, if BA could successfully run a particular defence against those who had passed on the inflated price, but not against others.

  • Petrofina (Gt. Britain) Ltd v Martin
    • Court of Appeal
    • 17 December 1965

    A contract in restraint of trade is one in which a party (the covenanter) agrees with any other party (the covenantee) to restrict his liberty in the future to carry on trade with other persons not parties to the contract in such manner as he chooses.

  • Unwired Planet International Ltd v Huawei Technologies Company Ltd and Another Unwired Planet LLC (Tenth Party)
    • Chancery Division (Patents Court)
    • 05 April 2017

    The second version of non-discrimination referred to is one which "some economists" have proposed. Since the ETSI FRAND undertaking already obliges licensors to offer licences to everyone, it does not add anything to that. It is also weaker than the benchmark FRAND rate approach, which at least applies to all licensees with licences of the same type.

    In my judgment the ETSI FRAND undertaking should not be interpreted so as to introduce the kind of hard-edged non-discrimination obligation supported by Huawei without also including consideration of the distortion of competition. Competition law does not seek to prohibit different prices being charged to different customers.

  • R v Monopolies and Mergers Commission, ex parte Argyll Group Plc
    • Court of Appeal (Civil Division)
    • 14 March 1986

    Lastly, good public administration requires decisiveness and finality, unless there are compelling reasons to the contrary.

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  • Competition Act 1980
    • UK Non-devolved
    • January 01, 1980
    ...... acquisition of goods and the supply and securing of services; to provide for references of certain public bodies and other persons to the Monopolies and Mergers Commission; to provide for the investigation of prices and charges by the Director General of Fair Trading; to provide for the making of ......
  • Monopolies and Mergers Act 1965
    • UK Non-devolved
    • January 01, 1965
    ......3(2) or 5(2) or (3) of that Act (which relate to arrangements and. practices preventing or restricting competition), whether or not. the reference is also so framed as to limit the investigation and. report to the facts. . (4) If a person makes default in ......
  • Electricity (Northern Ireland) Order 1992
    • UK Non-devolved
    • January 01, 1992
    ...... “the 1980 Act” means the 5 Competition Act 1980; . “authorised area”, in relation to a person authorised by ... “the Monopolies Commission” means the Monopolies and Mergers Commission; . “notice” ......
  • Enterprise and Regulatory Reform Act 2013
    • UK Non-devolved
    • January 01, 2013
    ...... employment law; to establish and make provision about the Competition and Markets Authority and to abolish the Competition Commission and the ... . (8) In the heading, for "Monopolies Commission" substitute "CMA". SCH-6.55 .   . 55 In section 14A ......
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Books & Journal Articles
    • Nbr. 33-6, November 1970
    • The Modern Law Review
    The Courts and Criminal Punishments. By Sir John Vincent Barry. [New Zealand The Government Printer, Wellington, New Zealand. The Formation and Annulment of Marriage. By Joseph Jackson, m.a., ll.b....
    • Nbr. 1-4, February 1993
    • Journal of Financial Regulation and Compliance
    • 395-402
    The privatisation of the electricity industry was badly flawed. It created a generating duopoly in the form of National Power and Powergen. These two companies have a degree of control which is inc...
    • Nbr. 17-3, November 1970
    • Scottish Journal of Political Economy
    The 1960s were a decade of rapid change in overseas transport technologies. That decade saw the introduction of container ships, hovercraft, massive tankers and ore carriers, LASH (lighter‐aboard‐s...
    ...... Therefore, as the natural, long term tendency would be for port (and perhaps shipping) monopolies to develop it is in the best interests of the users of port facilities for national control to be exercised over them. In ......
  • Advertising, Barriers to Entry and Competition Policy
    • Nbr. 3-3, September 1994
    • Journal of Product & Brand Management
    • 51-58
    The controversy as to whether or not advertising impairs the efficient functioning of markets because it acts as a “barrier” to new firms wishing to enter a market has once again attracted the inte...
    ......In this article we look at theadvertising-barrier to entry issue as seen in anumber of Monopolies and MergersCommission investigations. Our contention isthat not only must the conventional negativeview of advertising be tempered by thepositive ......
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Law Firm Commentaries
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