Competition and Monopolies in UK Law
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L'Oréal SA and Others v Bellure NV (Case C-487/07)
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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.
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Emerald Supplies Ltd v British Airways Plc
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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.
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Petrofina (Gt. Britain) Ltd v Martin
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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.
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Director General of Fair Trading v First National Bank Plc
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Openness requires that the terms should be expressed fully, clearly and legibly, containing no concealed pitfalls or traps. Fair dealing requires that a supplier should not, whether deliberately or unconsciously, take advantage of the consumer's necessity, indigence, lack of experience, unfamiliarity with the subject matter of the contract, weak bargaining position or any other factor listed in or analogous to those listed in Schedule 2 of the regulations.
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Bord Na Mona Horticulture Ltd and Another v British Polythene Industries Plc and Others
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Second, that where the claim involves damages arising out of infringements of competition law by cartels which by their nature are clandestine and the court is considering an application by an alleged participant in the cartel to strike out a claim prior to disclosure and evidence, the court will tend to allow a more generous ambit for pleadings, where what is being alleged is necessarily a matter which is largely within the exclusive knowledge of defendants, than it might in other cases.
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Enron Coal Services Ltd v English Welsh & Scottish Railway Ltd
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The right to bring a follow-on claim before the Tribunal does not affect the right of a party to bring the sort of proceedings in court that were already possible, so a party which considers itself to have been the victim of anti-competitive behaviour, and to have suffered loss as a result, has a choice: it may bring ordinary proceedings in the High Court (I speak only of England, even though the 1998 Act applies throughout the UK), or, if a relevant regulator has held there to have been an infringement, it may bring proceedings in the Tribunal.
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Arcadia Group Brands Ltd and Others and Others (Claimants/Appellants) v Visa Inc. and Others
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I do not agree that, so far as concerns the proper approach under section 32(1)(b), competition claims are to be treated in principle in any different way to other claims. There are many areas of the law where a cause of action is dependent not simply on the primary facts but rather on whether those primary facts give rise to a particular consequence or inference.
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Copyright and Rights in Databases Regulations 1997
... ... Powers exercisable in consequence of competition report ... (15.) ... ...
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Broadcasting Act 1990
... ... Application of competition legislation ... F474 192: Application of provisions of Fair Trading Act ... ...
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Competition Act 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 ... ...
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Uncertificated Securities Regulations 1995
... ... extent the effect of restricting, distorting or preventing competition, or if they have or are intended or likely to have that effect to any ... of said Act of 1973 falling within section 49 of that Act the Monopolies and Mergers Commission find that a monopoly situation within the meaning ... ...
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Reviews
Tony Verheijen (ed.), Civil service systems in Central and Eastern Europe Steve Leach and David Wilson, Local political leadership G.W Jones Steve Wilks, In the public interest: competition policy ...... ... to cope adequately with the new realities of liberty and competition. Civil services and other public bureaucracies presented some special ... Science IN THE PUBLIC INTEREST: COMPETITION POLICY AND THE MONOPOLIES AND MERGERS COMMISSION Steve Wilks Manchester University Press, 1999. 382 ... ...
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REVIEWS
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....... ... CYRIL GRUNFEEL~. THE LAW RELATING TO THE CONTROL OF COMPETITION, RESTRICTIVE TRADE PRACTICES AND MONOPOLIES IN NEW ZEALAND. By ... ...
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COMPETITION BETWEEN PORTS AND INVESTMENT PLANNING
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 ... ...
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Advertising, Barriers to Entry and Competition Policy
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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UK Sets Out Mandate For Trade Negotiations With USA
... ... , trade in services, investment, intellectual property, competition, industrial subsidies, state-owned enterprises and designated monopolies, ... ...
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EU Antitrust Authorities To Take Value Of Personal Data Into Consideration When Reviewing Digital Markets In Merger And Antitrust Cases
...In an interview on 9 April 2015, European Competition Commissioner Margrethe Vestager indicated that companies who control ... issues before they arise, to prevent the creation of monopolies over data. An interaction between data protection and competition policy ... ...
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The Penrose Report – are we heading for a “new normal” in UK competition policy?
The Penrose Report to the UK Government recommending wholesale reform to the UK’s competition regime is a paean to the power of deregulation and increased competition to drive economic growth and b...... ... Penrose suggests that the DMU should be renamed the NDMU – the Network & Data Monopolies Unit – and that its powers should: ... be ring-fenced from the CMA’s existing powers; ... only apply to individual firms that own and run new ... ...
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Personal Data In The Digital Marketplace: What Roles Should Consumers And Regulators Play?
... ... whether to apply a more preventative approach to "data monopolies" from a competition law perspective ... Consumer-led power: group ... ...