parliment flags

We reported in September that following a successful appeal by third party meta-search site Skyscanner, the Competition Appeals Tribunal (CAT) struck down a package of commitments agreed between Expedia, Intercontinental Hotels Group (IHG), booking.com and the OFT (now the CMA). The CAT struck down the commitments on the grounds that the package of measures agreed between the parties would have an effect on third parties (such as Skyscanner) who had not signed up to the commitments. The CAT held that –Read More–

In the Air Cargo Cartel proceedings claiming damages against British Airways, the English High Court has ordered the disclosure of the confidential version of the EU Commission’s 2010 Air Cargo Cartel Decision to the Claimants within a confidentiality ring, thereby putting it on a collision course with the EU Commission. The EU Commission had informed the High Court that it was not in a position to publish a non-confidential version of the Cartel Decision due to the number of confidentiality –Read More–

The European Commission has issued a Statement of Objections against Honeywell International Inc. (Honeywell) and E.I. du Pont de Nemours and Company (DuPont). The Commission’s allegations centre on certain agreements the parties entered into in 2010 over the production of a new refrigerant for use in car air-conditioning systems (R-1234yf). The Commission believes that the agreements may have limited the product’s availability and technical development cooperation in breach of Article 101(1) of the Treaty on the Functioning of the European –Read More–

On 16 October 2014, the Chinese Supreme People’s Court (SPC) delivered its judgment in the first case under the Antimonopoly Law which came into force in 2008. The case is being closely monitored by international business and legal advisers alike to ascertain how the emerging Chinese competition and antitrust law will be interpreted. The case involves the running battle between one of China’s largest instant messaging providers Tencent, and the provider of anti-virus software Qihoo. In 2011, Qihoo filed an –Read More–

In another case on the freedom of German internet distributors, German brass ware manufacturer Dornbracht has been ordered to pay €820,00 to home ware electronic retailer Reuter over the terms of the brass ware manufacturer’s online distribution policy. Dornbracht’s distribution policy (in the form of a rebate scheme) was said by Reuter to be discriminatory to internet sellers by allowing wholesalers an extra discount for goods sold to bricks and mortar sellers. Reuter were successful in its case and the –Read More–

In a leading judgment the High Court has refused to lift the automatic suspension of a contested procurement for air traffic control services carried out by Gatwick Airport Limited on the grounds that the claimant, NATS (Services) Limited would suffer a serious harm to their reputation, goodwill and business if it lost the contract and it was only appropriate in the circumstances that their allegations against the contracting authority should be fully tested at trial. This decision is surprising and –Read More–

On 15 October 2014, the EU Commission handed down its decision finding that for more than five years (from 12 August 2005 to at least 31 December 2010) Slovak Telekom AS and its parent company Deutsche Telekom AG pursued a strategy, in breach of EU antitrust rules, to shut competitors out of the broadband services market in the Slovak Republic. Slovak Telekom is the owner of the only nation-wide telephone metallic access network, which was put in place when it –Read More–

Difficulties often manifest themselves in transferring data from the ‘safe’ EU to the ‘unsafe’ US. Difficulties also exist with US law enforcement authority requests for access to such data, which is often not permitted under EU law. Jana Fuchs, an Associate with Bryan Cave LLP, examines the problem and potential solutions. When a Chief Privacy Officer (CPO) is finally able to check the box to ‘implement sufficient EU data protection adequacy measures for data transfers,’ nerves are often frayed and a level of frustration remains. For global companies, the path to centralise data management (e.g., –Read More–

Arbitration is based on consent. An arbitral tribunal derives its powers from an agreement between the parties. Whilst this grants procedural flexibility, it can pose difficulties if witnesses need to be compelled to attend hearings, or if crucial documents are in the hands of a non-party. Obvious problems exist if a key employee no longer works for a party and cannot be directed to assist, or if a party employed an independent contractor who is unwilling to become involved in –Read More–

The Netherlands is one of the most popular venues alongside the UK and Germany for bringing private damages actions in follow on actions relating to cartel infringements. These actions allow purchasers which have been charged inflated prices by cartel members to recover their loss. However an issue arises in these cases as to whether the direct purchaser has actually suffered loss or whether they have passed that loss down the distribution chain to indirect purchasers. Could the cartelists claim that –Read More–

Introduction The High Court has granted an application by the Ministry of Defence (MoD) to lift the automatic suspension on the award of a contract. This is an important case in illustrating the Court’s procedure in determining the suspension of the award of contracts and how national defence interests will be viewed as part of this judicial analysis. Under Regulation 56(1) of the Defence and Security Public Contracts Regulations 2011 (the Regulations), where a claim form is issued to challenge –Read More–

On 9 October 2014 the Hong Kong Competition Commission published draft guidelines to Competition Ordinance (Cap.619). The purpose of these is to pave the way for the eventual coming into force of the Ordinance. The Ordinance itself was enacted in June 2012 and presented somewhat of a revolution in competition law in the territory. The Ordinance includes a full merger control regime. At the present time the Merger Rule only applies to mergers involving licensed parties under the Telecommunications Ordinance –Read More–

The issue of night work is topical in France since changes in the labor market and the economy have led to a doubling of the number of employees working at night over the past two decades, concerning about 3.5 million workers, or one employee out of seven. The issue of night work has recently crystallized for certain brands like Monoprix, Carrefour City, Sephora … The Law defines night work as “all work performed between 9 p.m. and 6 a.m.” (Article –Read More–

The certified consumer association “UFC- Que Choisir” launched yesterday, on the effective date of the Hamon Law, the first action de groupe in France against the French real property manager Foncia. UFC-Que Choisir through a press release, indicated this morning that it served on Foncia a summons to appear before the Tribunal de Grande Instance of Nanterre to obtain on behalf of 318,000 tenants the refund of fees allegedly unlawfully invoiced to them by Foncia for its notice payment service –Read More–

The French Government has issued a Decree no. 2014-1081 on September 24, 2014 detailing the rules governing the French class action (action de groupe) system which will enter into force on October 1st 2014. The French action de groupe system authorizes recognised consumer groups to bring actions before civil courts in order to recover damages for harm suffered by consumers in connection with either the sale of goods, the supply of services, or anti-competitive practices. Environmental and health damages are excluded from –Read More–