Competition and Monopolies in UK Law

Leading Cases
  • L'Oréal SA and Others v Bellure NV (Case C-487/07)
    • Court of Appeal
    • 21 l 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 l 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
    • 18 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 m 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 s 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
    • 14 n 1986

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

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Books & Journal Articles
    • Nr. 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....
    • Nr. 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...
    • Nr. 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...
  • Advertising, Barriers to Entry and Competition Policy
    • Nr. 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...
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Law Firm Commentaries
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