Prohibited Behaviour in UK Law

Leading Cases
  • Padfield v Minister of Agriculture, Fisheries and Food
    • House of Lords
    • 14 Fev 1968

    Parliament must have conferred the discretion with the intention that it should be used to promote the policy and objects of the Act; the policy and objects of the Act must be determined by construing the Act as a whole and construction is always a matter of law for the Court.

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

  • Cooper Tire & Rubber Company Europe Ltd and Others v Dow Deutscheland Inc. and Others
    • Queen's Bench Division (Commercial Court)
    • 27 Out 2009

    The Dow Defendants also relied upon Article 5(3) of the Judgments Regulation to establish jurisdiction. In view of my decision on Article 6(1) it is strictly unnecessary to lengthen this judgment yet further with a discussion of all the arguments. I will simply express my conclusions as shortly as possible. However, it is also common ground that if jurisdiction is established on that basis it is only established in respect of the damage which occurred in England.

  • Sel-imperial Ltd (Claimant Respondent) v The British Standards Institution (Defendant Applicant)
    • Chancery Division
    • 23 Abr 2010

    Moreover, it is important that competition claims are pleaded properly. To contend that a party has infringed competition law involves a serious allegation of breach of a quasi-public law, which can indeed lead to the imposition of financial penalties as well as civil liability. A defendant faced with such a claim is entitled to know what specific conduct or agreement is complained of and how that is alleged to violate the law.

  • Crehan v Inntrepreneur Pub Company CPC
    • Court of Appeal
    • 01 Jul 2004

    In our judgment it was inappropriate for the judge to adopt the approach that he should receive such evidence and hear such submissions, as the effect of the judge second-guessing the Commission and concluding that the Commission was wrong has been to create an irreconcilable inconsistency in the application of the Community's competition policy to the relevant market. We do not say that the Commission is infallible; far from it.

  • R v GG Plc
    • Court of Appeal
    • 09 Nov 2007

    In relation to Count 1 it is alleged that the defendants sought to induce the Department to make grossly inflated payments for the antibiotics. They held secret meetings to exchange confidential information on pricing and sales in order to devise and implement the scheme to control prices and manipulate supply. There were alleged to have been some fifteen meetings, the true purpose of which was disguised under the pretext that they were connected with packaging.

  • BHB Enterprises Plc v Victor Chandler (International) Ltd
    • Chancery Division
    • 27 Mai 2005

    These are notoriously burdensome allegations, frequently leading to extensive evidence, including expert reports from economists and accountants. The recent history of cases in which such allegations have been raised illustrate that they can lead to lengthy and expensive trials. Before a party has to respond to an allegation like this, it is incumbent on the party making the allegation to set out clearly and succinctly the major facts upon which it will rely.

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Books & Journal Articles
  • Information behaviour of women: theoretical perspectives on gender
    • Núm. 66-1, January 2010
    • Journal of Documentation
    Purpose: The purpose of this paper is to examine whether there is a need to consider gender or sex differences as variables in information behaviour research and, if so, how? Design/methodology/ap...
  • Queer(ed) Risks: Life Insurance, HIV/AIDS, and the ‘Gay Question’
    • Núm. 37-4, December 2010
    • Journal of Law and Society
    In 2004 the Association of British Insurers (ABI) issued its second Statement of Best Practice on HIV and Insurance. This prohibited use of the ‘gay question’ (employed by some underwriters in appl...
  • The social construction of violence in old age
    • Núm. 9-1, March 2007
    • The Journal of Adult Protection
    Varying definitions and conceptualisations of violence in old age exist within and between the scientific community, medical and social work professionals, family carers and the elderly persons the...
  • Bad apples or corrupting barrels? Preventing traders’ misconduct
    • Núm. 24-4, November 2016
    • Journal of Financial Regulation and Compliance
    Purpose: This paper aims to identify social psychological root causes of misconduct by traders and offers practical guidelines to prevent misconduct. Design/methodology/approach: The authors use i...
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Law Firm Commentaries
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