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.

  • 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.

  • Arcadia Group Brands Ltd and Others and Others (Claimants/Appellants) v Visa Inc. and Others
    • Court of Appeal (Civil Division)
    • 05 August 2015

    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.

  • British Telecommunications Plc v Telefónica O2 UK Ltd and Others
    • Supreme Court
    • 09 July 2014

    It was, moreover, an economic judgment by an expert tribunal which had received a substantial amount of additional evidence, including economic evidence. Since appeal lay to the Court of Appeal only on points of law, the CAT's findings on the distortion of competition liable to result from the rejection of the new charging structure were not open to rejection on appeal.

  • Esso Petroleum Company Ltd v Harper's Garage (Stourport) Ltd
    • House of Lords
    • 23 February 1967

    But the development of the law does seem to show that judges have been able to dispense from the necessity of justification under a public policy test of reasonableness such contracts or provisions of contracts as, under contemporary conditions, may be found to have passed into the accepted and normal currency of commercial or contractual or conveyancing relations.

    This is not a mere transaction in property, nor a mere transaction between owners of property: it is essentially a trade agreement between traders. Finally the agreement is not of a character which, by the pressure of negotiation and competition, has passed into acceptance or into a balance of interest between the parties or between the parties and their customers; the solus system is both too recent and too variable for this to be said.

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Legislation
  • Broadcasting Act 1990
    • UK Non-devolved
    • January 01, 1990
    ... ... to the maintenance or promotion of fair and effective competition in that area or locality; ... (d) that, in the case of a local licence, ... 2003/3142, art. 3(1), Sch. 1 (with art. 11) ... References to Monopolies and Mergers CommissionMMC ... (4) ... ...
  • 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 ... ...
  • Uncertificated Securities Regulations 1995
    • UK Non-devolved
    • January 01, 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 ... ...
  • Monopolies and Restrictive Practices (Inquiry and Control) Act 1948
    • UK Non-devolved
    • January 01, 1948
    ... ... or not, and whether by agreement or arrangement or not, so ... conduct their respective affairs as in any way to prevent or ... restrict competition in connection with the production or ... supply of goods of the description in question (whether or not ... they themselves are affected by the ... ...
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Books & Journal Articles
  • Reviews
    • No. 78-4, December 2000
    • Public Administration
    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 ... ...
  • REVIEWS
    • No. 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....
    ... ... CYRIL GRUNFEEL~. THE LAW RELATING TO THE CONTROL OF COMPETITION, RESTRICTIVE TRADE PRACTICES AND MONOPOLIES IN NEW ZEALAND. By ... ...
  • COMPETITION BETWEEN PORTS AND INVESTMENT PLANNING
    • No. 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
    • No. 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
  • The CMA’s Paper on Pricing Algorithms, Collusion and Personalised Pricing
    • LexBlog United Kingdom
    On 8 October 2018, the UK Competition and Markets Authority (“CMA”) published a Working Paper on the ‘use of pricing algorithms to facilitate collusion and personalized pricing’ (the “Paper”). It f...
    ...On 8 October 2018, the UK Competition and Markets Authority (CMA) published a Working Paper on the use of ... authorities regarding algorithms, including the recent German Monopolies Commissions proposals regarding pricing algorithms, which was the subject ... ...
  • The CMA’s Paper on Pricing Algorithms, Collusion and Personalised Pricing
    • LexBlog United Kingdom
    On 8 October 2018, the UK Competition and Markets Authority (“CMA”) published a Working Paper on the ‘use of pricing algorithms to facilitate collusion and personalized pricing’ (the “Paper”). It f...
    ...On 8 October 2018, the UK Competition and Markets Authority (CMA) published a Working Paper on the use of ... authorities regarding algorithms, including the recent German Monopolies Commissions proposals regarding pricing algorithms, which was the subject ... ...
  • The Penrose Report – are we heading for a “new normal” in UK competition policy?
    • JD Supra United Kingdom
    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 ... ...
  • EU Antitrust Authorities To Take Value Of Personal Data Into Consideration When Reviewing Digital Markets In Merger And Antitrust Cases
    • Mondaq UK
    ...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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