parliment flags

Passengers of severely delayed flights may claim compensation from airlines, unless the airline shows the delay was due to “extraordinary circumstances”. One year ago, on 11 June 2014, the English Court of Appeal in Huzar v Jet2.com limited the scope of this “extraordinary circumstances” defence. It is now a year on and compensation claims have been slow to take off. The legal representative of the Claimant in that case has recently stated that 19,500 delayed passengers are still miles away –Read More–

On 21 May 2015, the European Court of Justice (CJEU) confirmed that an arbitration clause agreed between parties, may not bind those parties to arbitration if the perpetrator was being sued where the harm took place or in the jurisdiction that another member of the cartel was being sued. The case is an important lesson on the limits of contractual agreements as to the jurisdiction of disputes. The CJEU was asked to give judgment for the interpretation of Arts. 5(3) –Read More–

The French Competition Authority (“FCA”) is expected to issue a decision shortly on practices implemented by at least four major French companies in the distribution of consumer products to certain overseas departments and territories of France, including Guadeloupe, French Guiana, Martinique, and Saint Martin (the “Territories”). In the Territories, most consumer products are manufactured by French companies based in Continental France, and are then imported and distributed by intermediaries – wholesale importers or designated agents – with a price hike –Read More–

On 19 March 2015, the European Court of Justice (ECJ) imposed a fine of €60.3 million on two banana importers for their participation in a price fixing cartel. The judgment confirms the low evidential hurdle for the Commission when prosecuting in cartel cases, and establishes “that communications between competitors leading to horizontal price-fixing through a cartel are anti-competitive by their very object and amount to a violation of EU antitrust rules, without requiring an analysis of their effect on competition –Read More–

On 3 June 2015, the Competition and Markets Authority (CMA) sent out 2 open letters addressed to estate agents and newspapers warning them of the risk and consequences of breaking competition law. The CMA hopes that these open letters will promote the lessons to be learned and encourage best practice in the future. The letters come as a result of an association of 3 estate agents and a newspaper publisher being found guilty of anti-competitive behaviour in March 2015. The –Read More–

BT has requested a fast track reference to Phase 2 merger review for its planned £12 billion takeover of EE. The news of the possible deal has been well received in some quarters with analysts believing the combined network will be in a good position to drive down prices to the benefit of consumers. The merger, if approved, is likely to be of significant concern to competitors as it will create the UK’s first quad-telecoms player covering mobile, TV, broadband –Read More–

On 21 April 2015, the French Competition Authority (“FCA”) issued its decision on Booking.com’s revised commitments regarding price parity clauses (decision n°15-D-06). The anti-competitive effects of price parity clauses – or most favored nation clauses – used by online travel agencies (“OTAs”) in their contracts with hoteliers have been under increasing scrutiny by both national courts and EU regulators over the past two years (see the first two articles of the February 2015 edition of the EU & Competition Law –Read More–

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