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
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
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
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
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
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 Competition – Remail – Action for annulment – Partial rejection of a complaint . .
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, . .
Whether to appoint special advocate. The Authority wished to pursue an investigation relying upon material for which it asserted Public Interest Immunity. . .
Application to vary search warrant.
Held: Refused. . .
Challenge to search warrants issued under the 1998 Act. . .
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 . .
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 . .
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 . .
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) . .
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 . .
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 . .
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 . .
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procedure for collective proceedings introduced by amendment to the Competition Act 1998 (‘the Act’) for the purpose of enabling small businesses and consumers more easily to bring claims for what may loosely be described as anti-competitive conduct . .
Issue of the extent to which the Office of Fair Trading (‘the OFT’), the body charged with policing and enforcing the Competition Act 1998 (‘the 1998 Act’), may be the subject of judicial review in respect of a decision to close an investigation . .
The CAT set ot the decision of the respondent: ‘1 On 21 September 2009 the Office of Fair Trading (‘OFT’) published a decision under the Competition Act 1998 (‘the 1998 Act’) entitled ‘Bid rigging in the construction industry in England’ (‘the . .
‘Appeals arising out of two distinct investigations by the Office of Fair Trading (OFT) under the Competition Act 1998 (the 1998 Act, or the Act). One, referred to at the hearing as Toys and Games, was into agreements between Hasbro UK Ltd, Argos . .
Judges: Lord Justice Nugee Citations: [2022] EWHC 861 (Ch) Links: Bailii Statutes: Competition Act 1998 18 Jurisdiction: England and Wales Commercial, European Updated: 01 May 2022; Ref: scu.675871
‘The central question in these three appeals is whether the setting of default multilateral interchange fees (‘MIFs’) within the MasterCard and Visa payment card systems contravenes article 101 of the Treaty on the Functioning of the European Union 2012/C326/01 (the ‘TFEU’).[1] Article 101(1) provides that agreements between undertakings which may affect trade between Member States … Continue reading Sainsbury’s Supermarkets Ltd v Mastercard Incorporated and Others: CA 4 Jul 2018
The complainant alleged that the ties between the separate defendants’ businesses were anti-competitive. Held: That issue was best decided by the Competition Commission Appeal Tribunal. The issues might also give rise to litigation of the instant nature. It was inappropriate for the same issues to be litigated in parallel, and accordingly the present proceedings should … Continue reading Synstar Computer Service (UK) Ltd v ICL (Sorbus) Ltd and Another: ChD 1 May 2001
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the costs of a child’s education. Any consequences of a failure to keep a promise … Continue reading Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999
Duty of Fairness to taxpayer – Written Assurance The applicant was assured by the Inland Revenue that it would not raise further inquiries on certain tax affairs if he agreed to forgo interest relief which he had claimed and to pay a certain sum in capital gains tax. Held: Where the lawfulness of the section … Continue reading Regina v Inland Revenue Commission ex parte Preston; In re Preston: HL 1984
Consultation to be Early and Real Listening The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were in need of … Continue reading Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor: CA 16 Jul 1999
Hodge QC HHJ [2015] EWHC 2235 (Ch) Bailii Competition Act 1998 18 England and Wales Media, Commercial Updated: 03 January 2022; Ref: scu.551024
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
Roth J, Simon Holmes, Robin Mason [2021] WLR(D) 628 WLRD Competition Act 1998 49(1A) England and Wales Commercial Updated: 28 December 2021; Ref: scu.670539
The claimant sought an injunction to prevent the defendant using its overwhelming resources to enter into and take over the provision of computer based mapping services in the UK. Held: The proper issue was not the use or origin of the resources to be used by a dominant member of the market, save only when … Continue reading Getmapping plc v Ordnance Survey: ChD 31 May 2002
The respondent had imposed a fine under the 1998 Act. Having once paid the fine, the claimant now sought recovery of it saying that it had been imposed incorrectly. Morgan J [2014] EWHC 1613 (Ch) Bailii Competition Act 1998 Commercial Updated: 03 December 2021; Ref: scu.525578
The court considered the scope of the statutory remedy for a breach of competition law. Arden, Patten, Beatson LJJ [2013] EWCA Civ 1377 Bailii Competition Act 1998 England and Wales Commercial, Damages Updated: 25 November 2021; Ref: scu.517610
Exercise of Prerogative Power is Reviewable The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions. Held: The exercise of a prerogative power of a public nature may be, subject to constraints of national security and … Continue reading Council of Civil Service Unions v Minister for the Civil Service: HL 22 Nov 1984
The court was asked to accept an appeal against not the order made by the tribunal, but the terms of the reasoned judgment. Held: The appeal was allowed. The Tribunal had made findings which were unnecessary to its judgment, and which were capable of being damaging to the public interest. Even though the Regulator had … Continue reading Office of Communications and Another v Floe Telecom Ltd: CA 10 Feb 2009
The claimant created a very substantial computerised database about horses and the racing industry. It licensed the database to users, including some who were able to grant sub-licenses. It sought to rely on the Database Directive to support its rights to prevent unauthorised extractions or utilisations of the database. Allegations were made that it had … Continue reading BHB Enterprises Plc v Victor Chandler (International) Ltd: ChD 27 May 2005
The claimant sought to renew its leases of docking facilities from the landlord defendant. The defendant resisted saying it intended to operate its own business, and the claimant now alleged that the defendant was abusing its dominant position to demand excessive rents. The defendant sought to strike out that part of the claim. Held: The … Continue reading Humber Oil Terminals Trustee Ltd v Associated British Ports: ChD 24 Feb 2011
The claimants had been wrongly imprisoned for a murder they did not commit. The assessor had deducted from their compensation a sum to represent the living costs they would have incurred if living freely. They also appealed differences from a prisoner also wrongly accused of the same crime, in the percentage deduction made for their … Continue reading O’Brien and others v Independent Assessor: HL 14 Mar 2007
Exercise of Ministerial Discretion The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when compared with prices paid to producers in other regions. The Minister … Continue reading Padfield v Minister of Agriculture, Fisheries and Food: HL 14 Feb 1968
The Court was asked whether claims against MAM for losses suffered by reason of a cartel infringing article 81(1) TEC (now article 101 TFEU) were time-barred, and also as to substantive questions about the nature of the decisions of the European Commission (or European Court of Justice) which bind domestic courts as to the existence … Continue reading Deutsche Bahn Ag and Others v Morgan Advanced Materials Plc: SC 9 Apr 2014
(Trinidad and Tobago) The appellants, all residents of Trinidad and Tobago, held life policies issued by the Colonial Life Insurance Company (CLICO). Their claim arose out of the banking crisis in early 2009 when CLICO was in serious financial . .
The court was asked whether the Competition Appeal Tribunal was right to find that there were ‘exceptional circumstances’ justifying an extension of time for appealing a decision of the Appellant, the Office of Fair Trading. The court held that . .
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 . .
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: . .
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 . .
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 . .
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 . .
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 . .
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 . .
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. . .
Appeal by Royal Mail plc against a judgment of the Competition Appeal Tribunal dismissing RM’s appeal against a decision of the Office of Communications finding RM guilty of an abuse of its dominant position in the wholesale market for bulk mail . .
. .
The claimant sought damages after it had been established in 2001 that the defendants had engaged in an unlawful cartel to maintain the prices of vitamins. The defendants had paid fines, and now argued that the claims, begun in 2008, were out of . .
The respondent company (MC) had disclosed to the European Commission its own historical involvement in unlawful price-fixing cartels. Other members, but not MC received fines. The claimants (DB) sought damages for their losses arising from the . .
The defendant appealed a finding that it had abused its dominant market position in refusing to supply to the claimant a copyright licence for its information on horse racing at a proper or acceptable price. The defendant was said to have a monopoly . .
. .
The claimants relayed horse racing events to bookmakers. The respondents collected data about the races and horses. The claimants sought the freedom to use that data, and the defendants asserted a database right to control such use.
Held: BHB . .
Important issue of general concern to those engaged in the business of litigation funding in England and Wales and their clients. The issue arises in the context of collective proceedings brought before the Competition Appeal Tribunal (‘the . .
. .
Application to strike out elements of damages claims. . .
The claimant companies which provided parking facilities at the defendant’s airport said that the choices made by the airport in controlling the collection etc of passenger’s cars was an abuse of its dominant position. . .
The court was asked whether, when a company had been fined for anti-competitive practices, the company could then recover the penalties from the directors and senior employees involved.
Held: The undertaking was not entitled to recover the . .
The claimants wished to claim damages arising from the participation by the defendants in an unlawful cartel. The Court of Appeal had said that the claim was out of time, and that the claimants would have to seek an extension of time to bring their . .
The defendant had developed a draft standard for automotive body repairs. It included a requirement that any replacement parts must be either the manufacturer’s own or certified under a recognised conformity certification scheme. The claimant . .
. .
The claimant sought to bring an action for damages arising from an alleged breach of competition rules by the defendant. The defendant argued that the claim was out of time being outside the two year period required.
Held: The respondent’s . .
The claimant sought damages after the defendants had been found to be part of an unlawful price maintenance cartel. The respondent argued that the claim was out of time.
Held: The claim could proceed. . .
Various racecourses had combined together to sell the rights to televise their races to bookmakers. The bookmakers complained that the combination was anti-competitive and in breach of European law. . .
. .
The Competition Appeal Tribunal had remitted a matter to the Office of Fair Trading and had set a time limit for the Commisioner to complete his investigation. The Office appealed.
Held: It was not within the CAT’s power, under either the . .
The claimant council alleged that the defendant had acted to abuse its dominant market position in the provision of bus services in the city.
Held: It was for the claimant to show that the defendant had a dominant position. It had not done so, . .
. .
The applicant sought leave to appeal against a decision of the Competition Commission Appeals Tribunal.
Held: Since the decision of the tribunal did not involve questions of law, it fell exactly within the Cooke case, and the court should be . .
Expedited application for permission to appeal. Professional snooker players had sought an injunction to prevent their professional association bringing in a change of rules without the claimants having adequate opportunity to take advice.
The authority sought to control local unlicensed Sunday markets.
Held: The Acts gave the authority the right to run its own markets, and to license others. That right included in each case the right to prevent others competing within the area . .
Tenants in a shopping precinct sought to enforce restrictive covenants directly against other tenants.
Held: The leases were in the same form, and covenants had been imposed to restrict the uses to avoid conflict. The scheme had the . .
The claimants sought to re-instate an injunction, claiming Jobserve were acting to abuse their dominant market position. The claimants asserted that European case law had decided the point in their favour. Both parties operated web-sites advertising . .
Proceedings in front of an administrative body (the Commission) which were subsequently appealed to a court (CFI and ECJ) did not give rise to an issue of estoppel between the investigatee/appellant and the complainant / intervener. The fact that . .
The transport of motorway maintenance vehicles and plant to and from sites on the back of a low loader is not sufficiently closely connected with the use of such machines on the motorways, to attract exemption as for such use from the general regulation of transport, including in particular, the need for the use of … Continue reading Vehicle Inspectorate v Bruce Cook Road Planing Ltd and Another: HL 8 Jul 1999
The court was asked as to an employee’s covenant now said to be in restraint of trade. Held: In disputes between employers and ex-employees courts will usually seek to protect the rights of employees to advance their chosen trade and profession, to promote their own private interests by changing their employment and also to promote … Continue reading G D Searle and Co Ltd v Celltech Ltd: CA 1982
Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947
When construing restrictive covenants in an employment contract, the court should construe the contract in the light of the object and intent of the contract as a whole. It may be read down and need not be read literally. Lord Denning said that it is just because there may be serious difficulties in identifying precisely … Continue reading Littlewoods Organisations Ltd v Harris: CA 1977
The company had leased a public house to the respondent. The lease was subject to a tie, under which the respondent had to purchase supplies from the company. The company came to sue for the price of beer supplied. The respondent asserted that the tie agreement was unlawful, because the company sold beer to non-tied … Continue reading Courage Ltd and Crehan v Crehan and Courage Ltd and Others: ECJ 20 Sep 2001
The applicant sought a declaration as to the lawfulness of a lottery scheme whilst criminal proceedings were pending against it for the same scheme. Held: It was not necessary to decide whether a declaration as to the criminality or otherwise of future conduct can ever properly be made by a civil court. It would be … Continue reading Imperial Tobacco Ltd v Attorney-General: HL 1980
Patient transfer policy was unlawful The claimants had relatives who died in care homes early in the COVID-19 pandemic. They said that the policy of moving patients from hospitals to care homes without testing had contributed to the deaths, and many others, and had been unlawful. The respondents said that at the time it was … Continue reading Gardner and Another, Regina (on The Application of) v Secretary of State for Health and Social Care and Others: Admn 27 Apr 2022
The court considered the law relating to post employment restrictive covenants. Gloster J said: ‘(1) Covenants in Restraint of Trade are prima-facie unlawful and accordingly are ‘to be treated with suspicion’ see per Laddie J in Countrywide Assured Financial Services Limited v Smart ChD 7 May 2004. It is for the covenantee to identify a … Continue reading Brake Brothers Limited v Ungless: QBD 2004
The claimant sought damages for the losses it had suffered as a result of price fixing by the defendant companies in the vitamin market. The European Commission had already fined the defendant for its involvement. Held: In an action for breach of statutory duty the court can in appropriate circumstances make a restitutionary award, that … Continue reading Devenish Nutrition Ltd and others v Sanofi-Aventis SA (France) and others: ChD 19 Oct 2007
Decomposed Snail in Ginger Beer Bottle – Liability The appellant drank from a bottle of ginger beer manufactured by the defendant. She suffered injury when she found a half decomposed snail in the liquid. The glass was opaque and the snail could not be seen. The drink had been bought for her by a friend, … Continue reading Donoghue (or M’Alister) v Stevenson: HL 26 May 1932
The claimant had taken two leases, but had been made subject to beer ties with the defendant. He claimed damages for the losses, saying he had been forced to pay higher prices than those allowed to non-tied houses, and that the agreement was anti-competitive, and that the individual exemption from the EC Treaty obligations which … Continue reading Crehan v Inntrepreneur Pub Company (CPC): CA 21 May 2004
Lloyds Agents Owe Care Duty to Member; no Contract Managing agents conducted the financial affairs of the Lloyds Names belonging to the syndicates under their charge. It was alleged that they managed these affairs with a lack of due careleading to enormous losses. Held: The assumption of responsibility principle enunciated in Hedley is not confined … Continue reading Henderson v Merrett Syndicates Ltd: HL 25 Jul 1994
The court considered correct approach to determination of the rateable value of an office building, in circumstances where the evidence showed at the relevant time a general demand in the area for comparable office buildings, but no actual tenant willing to pay a positive price for the building itself. Held: (Briggs, Black LL dissenting) The … Continue reading Telereal Trillium v Hewitt (Valuation Officer): SC 15 May 2019
(i) EU Regulation number 604/2013 (the ‘Dublin Regulation’) and the Human Rights Act 1998, while separate regimes, are not in competition with each other. (ii) Where the two regimes pull in different directions, full cohesion, or harmonisation, may not be achievable and some accommodation must be found. (iii) Where an interference with a person’s rights … Continue reading R (on The Application of Zat and Others) v Secretary of State for The Home Department (Article 8 Echr – Dublin Regulation – Interface – Proportionality) (IJR): UTIAC 22 Jan 2016
Ban on Prisoners talking to Journalists unlawful The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999
