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The Competition and Markets Authority v Concordia International Rx (UK) Ltd: ChD 16 Nov 2017

The Authority had obtained and executed a search warrant against the defendant’s premises, but now sought to restrain disclosure of the materials upon which it had obtained that warrant, asserting Public Interest Immunity. Held: An application to vary or revoke the warrant must be at an inter partes rehearing. At that rehearing eh court must … Continue reading The Competition and Markets Authority v Concordia International Rx (UK) Ltd: ChD 16 Nov 2017

Avnet v Isoact: ChD 1998

The claimant sold its goods via the internet. Part of the trade was to sell advertising space on its web pages. The claimant had registered the mark ‘avnet’ for advertising and promotional services. The defendant was an ISP providing internet services, particularly to the aviation industry, which included allowing advertising on its web pages. Held: … Continue reading Avnet v Isoact: ChD 1998

IECC v Commission T-204/95 (Competition)e: ECFI 16 Sep 1998

ECJ Competition – Remail – Action for annulment – Partial rejection of a complaint Citations: [1998] EUECJ T-204/95 Links: Bailii European Updated: 07 September 2022; Ref: scu.433445

The Competition and Markets Authority v Concordia International Rx (UK) Ltd: ChD 8 Nov 2018

Whether to appoint special advocate. The Authority wished to pursue an investigation relying upon material for which it asserted Public Interest Immunity. Judges: Paul Matthews HHJ Citations: [2018] EWHC 3158 (Ch) Links: Bailii Statutes: Competition Act 1998 28 Jurisdiction: England and Wales Citing: See Also – The Competition and Markets Authority v Concordia International Rx … Continue reading The Competition and Markets Authority v Concordia International Rx (UK) Ltd: ChD 8 Nov 2018

The Competition and Markets Authority v Concordia International Rx (UK) Ltd: ChD 16 Jan 2019

Application to vary search warrant. Held: Refused. Judges: Marcus Smith J Citations: [2019] EWHC 47 (Ch), [2019] Bus LR 1000, [2019] WLR(D) 20 Links: Bailii, WLRD Jurisdiction: England and Wales Citing: See Also – The Competition and Markets Authority v Concordia International Rx (UK) Ltd ChD 16-Nov-2017 The Authority had obtained and executed a search … Continue reading The Competition and Markets Authority v Concordia International Rx (UK) Ltd: ChD 16 Jan 2019

The Competition and Markets Authority (CMA) v Concordia International Rx (UK) Ltd: ChD 12 Dec 2018

Challenge to search warrants issued under the 1998 Act. Judges: Justice Marcus Smith Citations: [2018] EWHC 3448 (Ch) Links: Bailii Statutes: Competition Act 1998 28 Jurisdiction: England and Wales Citing: See Also – The Competition and Markets Authority v Concordia International Rx (UK) Ltd ChD 16-Nov-2017 The Authority had obtained and executed a search warrant … Continue reading The Competition and Markets Authority (CMA) v Concordia International Rx (UK) Ltd: ChD 12 Dec 2018

The Competition and Markets Authority (CMA) v Concordia International Rx (UK) Ltd: CA 7 Aug 2018

The Authority had obtained a search warrant on an ex parte application. The defendant sought a rehearing, but the Authority sought to rely upon material for which it now asserted public interest immunity in material already used. At first instance, the court said that the Authority could only use such material by way of a … Continue reading The Competition and Markets Authority (CMA) v Concordia International Rx (UK) Ltd: CA 7 Aug 2018

Regina v Independent Television Commission ex parte Flextech Plc and others and Sci-Fi Channel Europe Llc: QBD 6 Nov 1998

The ITC has the power to prevent agreements inconsistent with fair competition. It had been right to prevent the supply of channels only as part of bundled package with no a la carte choice. Minimum packages sold through retailers could be prohibited. Judges: Maurice Kay J Citations: Times 27-Nov-1998, [1998] EWHC Admin 1050 Statutes: Broadcasting … Continue reading Regina v Independent Television Commission ex parte Flextech Plc and others and Sci-Fi Channel Europe Llc: QBD 6 Nov 1998

IECC v Commission T-133/95: ECFI 16 Sep 1998

ECJ 1 A claim in an action for annulment that the Commission should be required to adopt appropriate measures to comply with its obligations under Article 176 of the Treaty is inadmissible. While it is for the institution concerned, under that provision, to adopt the measures required to give effect to a judgment delivered in … Continue reading IECC v Commission T-133/95: ECFI 16 Sep 1998

IECC v Commission T-110/95: ECFI 16 Sep 1998

British Airways and others and British Midland Airways v Commission: ECFI 25 Jun 1998

ECFI 1 Far from enjoying the same rights to a fair hearing as those which individuals against whom a procedure has been instituted are recognised as having, concerned parties, within the meaning of Article 93(2) of the Treaty, have only the right to be involved in the administrative procedure to the extent appropriate in the … Continue reading British Airways and others and British Midland Airways v Commission: ECFI 25 Jun 1998

Cable and Wireless plc v British Telecommunications plc: ChD 1998

The court set out the applicable legal principles in trade mark infringement. The court considered the elements necessary to establish a defence under s10(6): The primary objective of section 10(6) of the 1996 Act is to permit comparative advertising . . As long as the use of a competitor’s mark is honest, there is nothing … Continue reading Cable and Wireless plc v British Telecommunications plc: ChD 1998

Scandecor Developments AB v Scandecor Marketing AV and Others and One Other Action: HL 4 Apr 2001

A business had grown, but the two founders split, and set up separate business. There was no agreement as to the use of the trading names and trade marks. The original law of Trade Marks prohibited bare exclusive licenses, licences excluding the rights of the owner to use the mark, and with no quality control. … Continue reading Scandecor Developments AB v Scandecor Marketing AV and Others and One Other Action: HL 4 Apr 2001

Council v De Nil and Impens: ECJ 14 May 1998

ECJ Appeal – Officials – Internal competition – Measures implementing a judgment annulling a decision – Promotion to a higher category following a competition with no retroactive effect – Material and non-material damage Citations: C-259/96, [1998] EUECJ C-259/96P Links: Bailii European Updated: 03 June 2022; Ref: scu.161920

Langnese-Iglo v Commission: ECJ 1 Oct 1998

By virtue of Article 168a of the Treaty and the first paragraph of Article 51 of the Statute of the Court of Justice, an appeal may be based only on grounds relating to the infringement of rules of law, to the exclusion of any appraisal of the facts. As regards matters of evidence, it is … Continue reading Langnese-Iglo v Commission: ECJ 1 Oct 1998

Regina v Director General of Telecommunications, Ex P Cellcom Ltd and others: QBD 7 Dec 1998

The Director General of Telecommunications can quite properly use his powers and discretion to ensure competition in telecommunications by the granting and withholding of licences. He may take account of economic factors in making such a decision. Section 3 draws a distinction between ‘means’ (namely how the demand is to be met) and ‘ends’ (the … Continue reading Regina v Director General of Telecommunications, Ex P Cellcom Ltd and others: QBD 7 Dec 1998

Gallaher Group Ltd and Another, Regina (on The Application of) v Competition and Markets Authority: Admn 26 Jan 2015

Collins J [2015] EWHC 84 (Admin), [2015] UKCLR 209, [2015] CN 161 Bailii Competition Act 1998 2 England and Wales Commercial Updated: 27 December 2021; Ref: scu.541753

Regina on the Application of T-Mobile (Uk) Ltd, Vodafone Ltd, Orange Personal Communication Services Ltd v The Competition Commission, the Director-General of Telecommunications: Admn 27 Jun 2003

The applicants sought to challenge a proposed scheme regulating the prices of telephone calls. Held: The principle objection was to termination charges, charges on calls between networks. The present charges were greater than the actual cost, and had the effect of transferring to users of fixed network telephones costs which were properly attributable to mobile … Continue reading Regina on the Application of T-Mobile (Uk) Ltd, Vodafone Ltd, Orange Personal Communication Services Ltd v The Competition Commission, the Director-General of Telecommunications: Admn 27 Jun 2003

Skyscanner Ltd v Competition and Markets Authority: CAT 28 Jul 2014

The claimant appealed against a decision accepting commitments to remove certain discounting restrictions for online travel agents. Freeman QC [2014] CAT 12 Bailii Competition Act 1998 47(1)(c) Commercial Updated: 20 December 2021; Ref: scu.535738

Canon Kabushiki Kaisha v Metro-Goldwyn-Mayer: ECJ 29 Sep 1998

In a complaint of trade mark infringement, and when comparing the mark and sign, a lesser degree of similarity between the marks may be offset by a greater degree of similarity between the goods/services and vice versa.
ECJ Appeal – Competition – Agreements, decisions and concerted practices – Market for the installation and maintenance of elevators and escalators – Fines – Notice on immunity from fines and reduction of fines in . .

HTV Ltd v Price Commission: CA 1976

Policies created by public bodies are a means of promoting consistency while not fettering the discretion of a public body. They allow others to know how the authority will respond to those who must deal with the authority. In maiing such policies: . .

Middlebrook Mushrooms Ltd, Regina (on the Application of) v Agricultural Wages Board of England and Wales: Admn 18 Jun 2004

The company complained that whereas the generality of employers in agriculture were exempt from control under the minimum wage system, mushroom growers had not been exempted.
Held: The withdrawal of the exemption was irrational and . .

Crest Nicholson Plc v Office of Fair Trading: Admn 24 Jul 2009

The company challenged as unfair its treatment by the respondent in imposing fines for anti-competive behaviour. The claimant was successor of the company who had misbehaved, but the claimant no longer operated in the area and had no employees from . .

Commissioners of the European Communities v Assidoman Kraft Produncts Ab and Others: ECJ 14 Sep 1999

A decision of the Commission imposing penalties against several business concerns was challenged successfully by some of those penalised. Others who had not made the challenge applied to have the decision annulled for themselves also. The court said . .

Regina v The National Lottery Commission ex parte Camelot Group Plc: Admn 21 Sep 2000

The Commission had considered bids tendered in open competition to run The National Lottery. Neither of the two candidates who entered bids was considered to have satisfied all the criteria necessary to be given the relevant licence. The Commission . .

Regina v Commissioners of Inland Revenue, ex parte Unilever plc: CA 1996

The Revenue had refused to exercise a discretion in favour of the taxpayer in the same form it had granted for over twenty years. The taxpayer complained that this was unfair.
Held: The new approach to late applications, brought in without any . .

English Welsh and Scottish Railway Ltd v Enron Coal Services Ltd: CA 1 Jul 2009

The court considered its powers and those of the Competition Appeal Tribunal where the regulator had found an infringement and the party sought damages as a result of the infringement. . .

Office of Fair Trading and others v IBA Health Limited: CA 19 Feb 2004

The OFT had considered whether it was necessary to refer a merger between two companies to the Competition Commission, and decided against. The Competition Appeal Tribunal held that the proposed merger should have been referred. The OFT and parties appealed. Held: The Tribunal had misdirected itself as to one test. The statutory test required the … Continue reading Office of Fair Trading and others v IBA Health Limited: CA 19 Feb 2004

Re Poyser and Mills’ Arbitration: 1963

The section at issue imposed a duty upon a tribunal to which the Act applies or any minister who makes a decision after the holding of a statutory inquiry to give reasons for their decision, if requested. A record of the reasons for a decision must meet the requirement that reasons must be adequate to … Continue reading Re Poyser and Mills’ Arbitration: 1963

Negassi and Another, Regina (on The Application of) v Secretary of State for The Home Department: CA 7 Mar 2013

Maurice Kay VP began: ‘It is well-known that asylum applications, even when made promptly on arrival in this country, can take months or even years before final determination through the decision-making and appellate process. This causes familiar problems. Applicants require support and accommodation for substantial periods of time. When the time is particularly prolonged, features … Continue reading Negassi and Another, Regina (on The Application of) v Secretary of State for The Home Department: CA 7 Mar 2013

FSS Travel and Leisure Systems Limited v Johnson and Chauntry Corporation Limited: CA 19 Nov 1997

The court considered a covenant said to be in restraint of trade. The employee was a 25 year old computer programmer who had worked entirely upon a computerised booking system for the travel industry. Held: The employer had failed to identify just which parts of the substantial software range was confidential. The court set out … Continue reading FSS Travel and Leisure Systems Limited v Johnson and Chauntry Corporation Limited: CA 19 Nov 1997

Vickerstaff v Edbro Plc: CA 28 Jan 1997

The appellant’s employment had terminated in circumstances where he had threatened to publicise matters about the defendant’s activities, but had failed to co-operate with the company in investigating his allegations by particularising them. Held: The appeals were misconceived and bound to fail. Leave to appeal was refused. Judges: Waite LJ, Singer J Citations: [1997] EWCA … Continue reading Vickerstaff v Edbro Plc: CA 28 Jan 1997

Microsoft Corporation v Ling and others: ChD 3 Jul 2006

The claimant sought damages against the respondent for various infringements in sales of unlicensed products, and also additional damages. The defendant argued that Microsoft’s licensing arrangements acted anti-competively. Held: ‘the defendants would not at trial be able to defend liability for issuing instruments of deception. ‘ The application for summary judgment for additional damages succeeded. … Continue reading Microsoft Corporation v Ling and others: ChD 3 Jul 2006

Crehan v Inntrepreneur Pub Company (Cpc), Brewman Group Limited: ChD 26 Jun 2003

The landlord had signed agreements tieing him to sales of beers. After falling into debt, he challnged the prices he had been obliged to pay as contravening the Treaty. The European Court had held that there was a possible claim under the Treaty. Held: The UK market in beer did not operate to exclude competition … Continue reading Crehan v Inntrepreneur Pub Company (Cpc), Brewman Group Limited: ChD 26 Jun 2003

Reed Executive Plc, Reed Solutions Plc v Reed Business Information Ltd, Reed Elsevier (Uk) Ltd, Totaljobs Com Ltd: CA 3 Mar 2004

The claimant alleged trade mark infringement by the respondents by the use of a mark in a pop-up advert. Held: The own-name defence to trade mark infringement is limited. Some confusion may be allowed if overall the competition was not unfair in all the circumstances. No confusion was intended; they wanted only to associate their … Continue reading Reed Executive Plc, Reed Solutions Plc v Reed Business Information Ltd, Reed Elsevier (Uk) Ltd, Totaljobs Com Ltd: CA 3 Mar 2004

Caterpillar Logistics Services (UK) Ltd v Huesca De Crean: QBD 2 Dec 2011

The claimant sought an order to prevent the defendant, a former employee, from misusing its confidential information said to be held by her. Her contract contained no post employment restrictions but did seek to control confidential and other information. She had obtained employment with a customer of the claimant, and was said to carry out … Continue reading Caterpillar Logistics Services (UK) Ltd v Huesca De Crean: QBD 2 Dec 2011