Associated Dairies Ltd v Baines and Others: CA 6 Jul 1995

A milkman’s round agreement with the dairy supplying him with milk for sale, was registerable as a restrictive agreement if the words so require despite alternative remedies, and even though in this instance it might be borderline.

Citations:

Gazette 19-Jul-1995, Times 06-Jul-1995

Statutes:

Restrictive Trade Practices Act 1976 9(3)

Jurisdiction:

England and Wales

Citing:

Appealed toMD Foods v Baines and others; Associated Dairies Ltd v Baines and Others HL 27-Feb-1997
The appellant dairy sold milk to the defendant roundsmen, each agreeing not to sell milk by retail to the others customers. The defendant began to buy his milk elsewhere, and claimed the agreement should have been registered as a restrictive trade . .

Cited by:

Appeal fromMD Foods v Baines and others; Associated Dairies Ltd v Baines and Others HL 27-Feb-1997
The appellant dairy sold milk to the defendant roundsmen, each agreeing not to sell milk by retail to the others customers. The defendant began to buy his milk elsewhere, and claimed the agreement should have been registered as a restrictive trade . .
Lists of cited by and citing cases may be incomplete.

Contract, Commercial

Updated: 21 January 2023; Ref: scu.77920

Trioplast Industrier v Commission: ECJ 20 Dec 2017

Competition – Agreements, Decisions and Concerted Practices Competition – Appeal – Agreements, decisions and concerted practices – Market in industrial plastic bags – Formal notice from the European Commission to the appellant for the payment of default interest on the amount of the fine imposed – Action for annulment and for damages

Citations:

C-364/16, [2017] EUECJ C-364/16P

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 09 December 2022; Ref: scu.602117

Toshiba Carrier UK Ltd and Others v KME Yorkshire Ltd and Others: ChD 19 Oct 2011

The European Court had found agreements to be in place effectively fixing the market in industrial tube products. The claimants said that they had paid too much because of the agreements and sought damages.

Judges:

Sir Andrew Morritt Ch

Citations:

[2011] EWHC 2665 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

European, Commercial

Updated: 09 December 2022; Ref: scu.446010

Norwich and Peterborough Building Society, Regina (on the Application of) v Financial Ombudsman Service Ltd: Admn 14 Nov 2002

The Ombudsman had found that the applicant had unfairly failed to notify its customers of the availability of better accounts, once it discontinued accounts of one type. The Society appealed saying that the finding of unfairness arose from matters outside the scope of the Code.
Held: The finding did go outside the strict range of the Code. Nevertheless, the code was to be interpreted in a purposive, and non-technical way, and the Ombudsman had some considerable discretion. There were arguments each way as to the fairness or unfairness of the decision, but the court could only intervene if the decision was so bad as to be irrational. That was not the case here.

Citations:

Times 13-Dec-2002, [2002] EWHC 2379 (Admin)

Links:

Bailii

Statutes:

Banking Code 1998

Jurisdiction:

England and Wales

Citing:

CitedRegina v Monopolies and Mergers Commission, ex parte South Yorkshire Transport Ltd HL 1993
One bus company took over another, giving it an effective monopoly within the region. The Commission considered that the area involved was sufficiently substantial to cause concern that it may operate against the public interest. At first instance . .
CitedInvestors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
Account taken of circumstances wihout ambiguity
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . .
CitedRegina v Director of Passenger Rail Franchising, Ex Parte Save Our Railways and Others Etc CA 18-Dec-1995
A requirement that new services should be ‘based upon’ the present timetables did not mean that the services had to be at same level. It was possible that they may be a lesser service, though there should be no significant departures from such . .
Lists of cited by and citing cases may be incomplete.

Financial Services, Consumer, Commercial

Updated: 09 December 2022; Ref: scu.178117

Crehan v Courage Limited and Byrne and Inntrepreneur Beer Supply Co Ltd and Langton v Inntrepreneur Beer Supply Co Ltd: CA 27 May 1999

The court considered the validity of beer ties affecting public houses.

Judges:

Lord Justice Schiemann Lord Justice Mance Lord Justice Morritt

Citations:

[1999] EWCA Civ 1501

Jurisdiction:

England and Wales

Citing:

Appeal fromCourage Limited v Crehan ChD 25-Nov-1998
. .
CitedThomas Witter v TBP Industries Ltd ChD 15-Jul-1994
An award of damages for misrepresentation required that there had at some time been a right of rescission, not necessarily a continuing right to rescind.
An acknowledgement of non-reliance clause has become a common part of modern commercial . .

Cited by:

See AlsoCourage Ltd v Crehan; The Inntrepreneur Beer Supply Co Ltd v Byrne; Same v Langton; Greenalls Management Ltd v Smith; Walker Cain Ltd v McCaughey CA 14-Jun-1999
There is not to be read into a beer tie term any implied provision that the beer to be supplied under the term was to be supplied at any kind of advantageous price. A tenant seeking damages for failure to supply under such a term was not entitled to . .
CitedCrehan v Inntrepreneur Pub Company (CPC) CA 21-May-2004
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 . .
See AlsoCourage Ltd and Crehan v Crehan and Courage Ltd and Others ECJ 20-Sep-2001
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 . .
See AlsoCourage Ltd v Crehan CA 12-Nov-2001
. .
See AlsoCrehan 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. . .
See AlsoCrehan v Inntrepreneur Pub Company (CPC) CA 21-May-2004
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 . .
See AlsoInntrepreneur Pub Company (CPC) and others v Crehan HL 19-Jul-2006
The tenant had taken on pub leases with ties requiring him to buy beer from companies associated with the landlords. The European Commission had issued a decision and the House was asked whether this was binding on the parties.
Held: . .
CitedParks v Esso Petroleum Company Limited CA 23-Jul-1999
The claimant sought to add a claim under the regulations for compensation after termination of his agency for the defendants. The lower court had rejected his claim saying that the petrol products he sold were at a price fixed by Esso, and that . .
Lists of cited by and citing cases may be incomplete.

Commercial, Contract, European

Updated: 09 December 2022; Ref: scu.146416

CFC 26 Ltd v Brown Shipley and Co Ltd and Others: ChD 29 Nov 2016

Complaint of the alleged sale of an underlease at a low price, working as a corrupt agreement. It was said that one of the defendants, a local council, was liable for malicious prosecution of an enforcement notice. The Council’s replied that the tort ‘cannot apply in relation to the mere service of an enforcement notice’ because, as it is put in Clerk and Lindsell: ‘To prosecute is to set the law in motion and the law is only set in motion by an appeal to some person clothed with judicial authority in regard to the matter in question.’ The Council argued that the service of an enforcement notice involved no ‘appeal to some person clothed in judicial authority’
Held: Neey J said: ‘In my view, [Counsel for the Council] is right on this point. While it is now clear that the tort of malicious prosecution can apply without a criminal prosecution, there remains a requirement that the law has been ‘set in motion by an appeal to some person clothed with judicial authority’ and service of an enforcement notice cannot, as it seems to me, suffice for this purpose. I do not see Churchill v Siggers as providing authority to the contrary.’

Judges:

Newey J

Citations:

[2016] EWHC 3048 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedCXZ v ZXC QBD 26-Jun-2020
Malicious Prosecution needs court involvement
W had made false allegations against her husband of child sex abuse to police. He sued in malicious prosecution. She applied to strike out, and he replied saying that as a developing area of law a strike out was inappropriate.
Held: The claim . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Negligence, Commercial

Updated: 07 December 2022; Ref: scu.571982

Ziegler Sa v European Commission: ECJ 13 Dec 2012

ECJ Appeal – Competition – Cartels – Article 81(1) EC and Article 53(1) EEA – Legal effects of Commission guidelines – Appreciable effect on trade between Member States – Setting of fines – Effective judicial review – Right to fair legal process – Objective impartiality of the Commission – Principle of equal treatment and non-discrimination – ‘Removals cartel’ – International removal services market in Belgium

Citations:

C-439/11, [2012] EUECJ C-439/11, [2013] EUECJ C-439/11

Links:

Bailii, Bailii

Jurisdiction:

European

Commercial

Updated: 07 December 2022; Ref: scu.468781

Royal Mail Plc v Office of Communications and Another: CA 7 May 2021

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 delivery services contrary to section 18 of the Competition Act 1998 and Article 102 of the Treaty on the Functioning of the European Union by issuing Contract Change Notices which introduced discriminatory prices.

Judges:

Lord Justice Arnold

Citations:

[2021] EWCA Civ 669

Links:

Bailii

Jurisdiction:

England and Wales

Commercial, European

Updated: 07 December 2022; Ref: scu.662385

Glasgow Trades House: HL 24 Jul 1920

This Order was promoted by the Trades House of Glasgow, a corporate body originating in 1605 by Letter of Guildry, and ratified and confirmed subsequently by Acts of Parliament. Two of the fourteen trade guilds which constituted the House, the Incorporation of Tailors and the Incorporation of Maltmen, were opposing the Order, and the money required for the promotion had been subscribed by the twelve other incorporations.
The four senior incorporations-the hammermen, the tailors, the cordiners, and the maltmen-had each six representatives in the House, the weavers had four, the bakers, skinners, wrights, coopers, fleshers, masons, gardeners, and barbers three each, and the dyers two. The Order proposed, while leaving the representation of the four senior as at present, to make the representation of each of the ten junior incorporations four, thereby increasing the total number of representatives from 54 to 64. The House was possessed of large funds which it had to administer, and the income from which it used in giving pensions, bursaries, subscriptions, and donations. Its deacon convener was ex officio a member of Glasgow Town Council and a director of many benevolent institutions. The House also had the right to nominate representatives to sit on the boards of direction of various public bodies, such as the Clyde Navigation Trust, and co.
The opposition was based on the grounds that the constitution of such an ancient institution as the Trades House of Glasgow should not be altered save for some very clearly established and practical reason; that there was no substantive cause even put forward for the change proposed, which again was going to base the constitution of the House on no logical principle; that the present representation could be defended as a recognition of the greater efforts of the senior incorporations in early days; that the change would give-and that might be exercised to the detriment of the senior incorporations-additional power to the junior incorporations in dealing with pensions.
The Commissioners found the preamble proved.
Clauses were adjusted.

Citations:

[1920] UKHL 786, 57 SLR 786

Links:

Bailii

Jurisdiction:

Scotland

Commercial

Updated: 06 December 2022; Ref: scu.631540

Sainsbury’s Supermarkets Ltd v Visa Europe Services Llc and Others: SC 17 Jun 2020

This appeal concerns whether certain rules of the Visa and Mastercard payment card schemes have the effect of restricting competition, in breach of article 101(1) of the Treaty on the Functioning of the European Union and equivalent national legislation.
Held: The banks’ appeal failed.

Judges:

Lord Reed (President), Lord Hodge, Lord Lloyd-Jones, Lord Sales, Lord Hamblen

Citations:

[2020] UKSC 24

Links:

Bailii, Bailii Summary

Jurisdiction:

England and Wales

Commercial, Banking, European

Updated: 05 December 2022; Ref: scu.651725

Commission of the European Communities v Ireland (Supported by United Kingdom, Intervener): ECJ 21 Jun 2001

Rules within the Irish republic which differentiated between imported precious metal goods and such goods produced internally, were contrary to European law as measures having effect as quantitative restrictions on imports. The rules affected were those, prohibiting distribution of imported goods with descriptions appropriate to their country of origin, requiring extra and sponsor’s marks, requiring second stamping of Irish hallmarks, and establishing differences between Irish and non-Irish hallmarked goods of the same type and standard.

Citations:

Times 03-Sep-2001

Jurisdiction:

European

Commercial

Updated: 05 December 2022; Ref: scu.162936

The Football Association Premier League Limited, The Football Association Limited, The Football League Limited (And Their Respective Member Clubs) v British Sky Broadcasting Limited, British Broadcasting Limited: RPC 28 Jul 1999

Agreements had been made controlling the broadcasting of football matches. The director general sought to challenge them as restrictive practices, since the individual clubs had signed away their right themselves to arrange for the broadcasting of their matches. The Premier league constitution required the clubs to surrender certain rights to it. Exclusive rights had been sold to Sky Television.
Held: It is an established principal that an obligation must involve the closing of a door that was previously open, if it is to be regarded as a restriction. The starting point was of individual clubs coming together under certain conditions, not that of an existing group accepting restrictions. The sharing of revenues promoted financial equality and improved the competitiveness of the league, and also promote competition between broadcasters. Nevertheless some restrictions were declared acceptable, as to the freedom to offer broadcasting of matches to other TV companies by individual clubs, as to a first offer of highlights to the BBC, and that of not entering into other competitions without the consent of the Premier League. The restriction against the offer of rights to offer matches to other satellite companies was unlawful.

Judges:

The Hon. Mr.Justice Ferris, Mr. B.M.Currie, Mr. D.L.Summers

Citations:

Times 18-Aug-1999, [2000] EMLR 78

Statutes:

Restrictive Trade Practices Act 1976 1(2) 19(1), Restrictive Trade Practices (Services) Order 1976 (1976 SI 1976/98)

Jurisdiction:

England and Wales

Citing:

CitedRe Telephone Apparatus Manufacturers’ Application CA 1963
Willmer LJ said that a particular agreement did not involve the acceptance of restrictions: ‘This, in the picturesque phrase used by [counsel for the Association], did not have the effect of closing any door that was previously open to the . .
ConfirmedRe Ravenseft Properties Ltd’s Application 1978
A restriction in terms of the 1976 Act was not accepted merely by the agreement with the landlord. The tenant, in taking the lease, did not restrict a pre-existing freedom to trade on the demised premises, but rather obtained a new, but limited, . .

Cited by:

CitedAttheraces Ltd and Another v British Horse Racing Board and Another ChD 21-Dec-2005
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 . .
Lists of cited by and citing cases may be incomplete.

Commercial, Media

Updated: 01 December 2022; Ref: scu.135823

Regina v Licensing Authority Established By Medicines Act 1968 (Acting By Medicines Control Agency) ex parte Rhone Poulenc Rorer Limited; May and Baker Limited: Admn 23 Dec 1997

The applicants sought to suspend licences granted for grey or parallel imports of pharmaceutical products, pending resolution of the issue by the European Court. Licences had been granted for certain products, which the manufacturers considered to be superceded. This was an interim application. It first fell to be decided whether there was a serious issue to be tried. There was. Next would the damage be payable in damages. In this case no action would lie against the state, and losses would be irrecoverable. The balance of convenience lay in granting the injunction and to require suspension of the licences.

Judges:

Laws J

Citations:

[1997] EWHC Admin 1176

Links:

Bailii

Statutes:

Medicines Act 1968, Council Directive 65/65/EEC of 26 January 1965 for the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products,, Medicines for Human Use (Marketing Authorisations etc.) Regulations 1994 (SI 1994/3144)

Jurisdiction:

England and Wales

Citing:

AppliedRegina v H M Treasury ex parte British Telecommunications Plc ECJ 1994
. .
Lists of cited by and citing cases may be incomplete.

Commercial, Intellectual Property, Licensing

Updated: 01 December 2022; Ref: scu.138121

Mastercard UK Members Forum Ltd Mastercard International Inc: CAT 28 Jul 2006

Citations:

[2006] CAT 15

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedBradford City Metropolitan District Council v Booth QBD 10-May-2000
The local authority had refused to renew a private hire vehicle licence. That refusal was successfully challenged, and the magistrates had awarded costs on the basis that they should follow the event. The authority appealed.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Commercial, Costs

Updated: 30 November 2022; Ref: scu.244580

Meca-Medina And Majcen v Commission (Competition): ECJ 18 Jul 2006

ECJ Opinion – Appeal – Rules adopted by the International Olympic Committee concerning doping control – Incompatibility with the Community rules on competition and freedom to provide services – Complaint – Rejection.

Judges:

Leger AG

Citations:

[2006] All ER (EC) 1057, [2006] ECR I-6991, [2006] 5 CMLR 18, C-519/04, [2006] EUECJ C-519/04

Links:

Bailii

Jurisdiction:

European

Citing:

See AlsoMeca-Medina and Majcen v Commission ECFI 30-Sep-2004
ECJ Competition – Freedom to provide services – Anti-doping legislation adopted by the International Olympic Committee (IOC) – Purely sporting legislation
The claimants were athletes who complained that . .

Cited by:

CitedChambers v British Olympic Association QBD 18-Jul-2008
The claimant, a former Olypmic sprinter had now competed a ban after being found to have taken banned drugs. He had returned to the sprort but now challenged the policy of the respondent not to allow for consideration of the Olympic team, athletes . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 30 November 2022; Ref: scu.243415

Meca-Medina and Majcen v Commission: ECFI 30 Sep 2004

ECJ Competition – Freedom to provide services – Anti-doping legislation adopted by the International Olympic Committee (IOC) – Purely sporting legislation
The claimants were athletes who complained that their bans for taking sports drugs restricted their free movement as workers.
Held: Anti-doping regulations were based solely upon sporting considerations, and, having no economic considerations, could not be challenged under European regulations designed to deal with economic activities.

Judges:

H. Legal, P

Citations:

[2005] CEC 176, [2004] ECR II-3291, [2004] 3 CMLR 60, T-313/02, [2004] EUECJ T-313/02, Times 25-Oct-2004

Links:

Bailii

Jurisdiction:

European

Citing:

CitedUnion Royale Belge des societes de Football Association and others v Bosman and others ECJ 15-Dec-1995
bosmanECJ1995
A request for the Court to order a measure of inquiry under Article 60 of the Rules of Procedure, made by a party after the close of the oral procedure, can be admitted only if it relates to facts which may have a decisive influence and which the . .
CitedDeliege v Ligue Francophone De Judo et Disciplines Associees Asbl and Others ECJ 11-Apr-2000
It was not an unlawful discriminatory provision to restrict those who might take part in professional sports activities in another member state to be first authorised or selected by their own national federation where such competition was not on a . .

Cited by:

CitedAdidas-Salomon Ag v Drape and others ChD 7-Jun-2006
The claimants had sponsored tennis players to wear their logo. The respondents organised tennis tournaments whose intended rules would prevent the display of the claimant’s logos. The claimants said that the restriction interfered with their rights . .
See AlsoMeca-Medina And Majcen v Commission (Competition) ECJ 18-Jul-2006
ECJ Opinion – Appeal – Rules adopted by the International Olympic Committee concerning doping control – Incompatibility with the Community rules on competition and freedom to provide services – Complaint – . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 30 November 2022; Ref: scu.215944

Consorzio Del Prosciutio Di Parma v Asda Stores Ltd and Another: CA 4 Dec 1998

A rule regarding the designation of origin of goods, disallowing the use of an origin name, must be readily ascertainable in the detail of the regulation, in order to be directly applicable. Designations for Parma Ham, were not readily discoverable, and had no such direct effect.

Citations:

Times 04-Dec-1998, Gazette 13-Jan-1999, [1998] EWCA Civ 1878, [1998] EWCA Civ 1879

Statutes:

EC Regulation 2081/92

Jurisdiction:

England and Wales

Citing:

CitedCommission v Germany ECJ 23-May-1985
The question was asked as to whether Germany had given effect in domestic law to a directive which required the mutual recognition of nursing diplomas. German law conferred no right of recognition upon holders of diplomas from other member states . .

Cited by:

Appeal fromConsorzio Del Prosciutto Di Parma v Asda Stores Limited and others HL 8-Feb-2001
The name ‘Parma Ham’ was controlled as to its use under Italian law, and the associated mark, the ‘corona ducale’, was to be applied to a sale of Parma Ham, including any packaging. Proper Parma Ham was imported and resold through the defendant’s . .
Lists of cited by and citing cases may be incomplete.

Commercial, European, Intellectual Property

Updated: 30 November 2022; Ref: scu.79462

BritNed Development Ltd v ABB AB and ABB Ltd: CA 31 Oct 2019

Principles to be applied in the assessment of damages awarded to a victim of a cartel following a finding of a breach of competition law

Judges:

Lord Justice Henderson and Lady Justice Asplin

Citations:

[2019] EWCA Civ 1840, [2019] WLR(D) 610

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Damages, Commercial

Updated: 27 November 2022; Ref: scu.651066

Friends of Antique Cultural Treasures Ltd, Regina (on The Application of) v The Secretary of State for The Department of Environment, Food and Rural Affairs: CA 18 May 2020

Appeal from the judgment dismissing a claim challenging the lawfulness of trading restrictions contained in the Ivory Act 2018 which, when brought into force, will introduce wide ranging prohibitions on the domestic and international trade in ivory.

Judges:

Sir Terence Etherton MR, Lord Justice Singh and Lord Justice Green

Citations:

[2020] EWCA Civ 649

Links:

Bailii

Jurisdiction:

England and Wales

Commercial

Updated: 27 November 2022; Ref: scu.650927

DSG Retail Limited and Another v Mastercard Incorporated and Others: CAT 14 Feb 2019

Roth J explained Henderson L’s observation in Gresport as meaning that: ‘ . . the concept of reasonable diligence is to be applied on the assumption that the claimant is on notice of the need to investigate’.

Judges:

Roth J

Citations:

[2019] CAT 5

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedGresport Finance Ltd v Battaglia CA 23-Mar-2018
Henderson LJ referred to the judgment of Neuberger LJ in Sephton in which he discussed the need for there to be an assumption that the claimant desires to know that there has been a fraud. Henderson LJ observed: ‘Another way to make the same point . . .

Cited by:

See AlsoDSG Retail Ltd and Another v Mastercard Incorporated and Others CAT 9-Apr-2019
. .
CitedBoyse (International) Ltd v Natwest Markets Plc and Another ChD 27-May-2020
Claim alleging misselling of interest rate hedging products. The court considered the defendants strike out application, and applications for leave to amend pleadings.
Held: it will normally be appropriate for summary judgment to be pursued on . .
Lists of cited by and citing cases may be incomplete.

Commercial, Limitation, Torts – Other

Updated: 27 November 2022; Ref: scu.636201

Archer Daniels Midland v Commission (Competition): ECJ 6 Nov 2008

Europa Appeal against a judgment of the Court of First Instance – Competition Citric acid cartel – Determination of the amount of the fine – Rights of the defence – Role as a ringleader of the cartel – Use by the Commission of evidence produced in the context of a proceeding conducted by the antitrust authorities of a non-member country – Termination of the infringement as soon as the authorities intervened Actual impact of the cartel on the market Cooperation in the administrative procedure.

Citations:

C-511/06, [2008] EUECJ C-511/06, [2009] EUECJ C-511/06

Links:

Bailii, Bailii

Jurisdiction:

European

Commercial

Updated: 27 November 2022; Ref: scu.277848

Archer Daniels Midland v Commission (Competition): ECFI 27 Sep 2006

Europa Competition – Cartels – Citric acid – Article 81 EC – Fine – Article 15(2) of Regulation No 17 – Guidelines on the method of setting fines – Leniency Notice – Principles of legal certainty and non-retroactivity – Principle of proportionality – Equal treatment – Obligation to state reasons – Rights of the defence.

Citations:

T-59/02, [2006] EUECJ T-59/02

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 27 November 2022; Ref: scu.245134

Tokai Carbon v Commission (Competition) T-246/01: ECJ 29 Apr 2004

Appeal – Cartel – Graphite electrodes market – Price-fixing and market-sharing – Calculation of fines – Concurrent sanctions – Guidelines on the method of setting fines – Applicability – Gravity and duration of the infringement – Aggravating circumstances – Attenuating circumstances – Ability to pay – Cooperation during the administrative procedure – Arrangements for payment

Citations:

T-246/01, [2004] EUECJ T-246/01

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 27 November 2022; Ref: scu.213810

Tokai Carbon v Commission (Competition) T-251/01: ECJ 29 Apr 2004

Appeal – Cartel – Graphite electrodes market – Price-fixing and market-sharing – Calculation of fines – Concurrent sanctions – Guidelines on the method of setting fines – Applicability – Gravity and duration of the infringement – Aggravating circumstances – Attenuating circumstances – Ability to pay – Cooperation during the administrative procedure – Arrangements for payment

Citations:

T-251/01, [2004] EUECJ T-251/01

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 27 November 2022; Ref: scu.213811

Tokai Carbon v Commission (Competition) T-252/01: ECJ 29 Apr 2004

Appeal – Cartel – Graphite electrodes market – Price-fixing and market-sharing – Calculation of fines – Concurrent sanctions – Guidelines on the method of setting fines – Applicability – Gravity and duration of the infringement – Aggravating circumstances – Attenuating circumstances – Ability to pay – Cooperation during the administrative procedure – Arrangements for payment

Citations:

T-252/01, [2004] EUECJ T-252/01

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 27 November 2022; Ref: scu.213812

Fortescue Metals Group Ltd and Another v Argus Media Ltd and Another: ChD 22 May 2020

Judges:

Miles J

Citations:

[2020] EWHC 1304 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See AlsoFortescue Metals Group Ltd and Another v Argus Media Limited and Another ChD 22-May-2020
. .
Lists of cited by and citing cases may be incomplete.

Media, Human Rights, Commercial

Updated: 27 November 2022; Ref: scu.650959

Attorney General of the Commonwealth of Australia v Adelaide Steamship Company: PC 1913

There was an agreement between a group of colliery owners and a group of shipowners which was ancillary to an agreement between the colliery owners themselves. Each agreement was in restraint of trade.
Held: Lord Parker explained the doctrine of restraint of trade: ‘Monopolies and contracts in restraint of trade have this in common, that they both, if enforced, involve a derogation from the common law right in virtue of which any member of the community may exercise any trade or business he pleases and in such manner as he thinks best in his own interests.’
and ‘Contracts in restraint of trade were subject to somewhat different considerations. There is little doubt that the common law in the earlier stages of its growth treated all such contracts as contracts of imperfect obligation, if not void for all purposes; they were said to be against public policy in the sense that it was deemed impolitic to enforce them.’
and ‘It is only necessary to add that no contract was ever an offence at common law merely because it was in restraint of trade. The parties to such a contract, even if unenforceable, were always at liberty to act on it in the manner agreed. Similarly combinations, not amounting to contracts, in restraint of trade were never unlawful at common law. To make any such contract or combination unlawful it must amount to a criminal conspiracy, and the essence of a criminal conspiracy is a contract or combination to do something unlawful, or something lawful by unlawful means. The right of the individual to carry on his trade or business in the manner he considers best in his own interests involves the right of combining with others in a common course of action, provided such common course of action is undertaken with a single view to the interests of the combining parties and not with a view to injure others.’

Judges:

Lord Parker

Citations:

[1913] AC 781

Jurisdiction:

Australia

Citing:

CitedMogul Steamship Co Ltd v McGregor, Gow and Co HL 18-Dec-1891
An association of shipowners agreed to use various lawful means to dissuade customers from shipping their goods by the Mogul line.
Held: The agreement was lawful in the sense that it gave the Mogul Company no right to sue them. But (majority) . .

Cited by:

CitedEsso Petroleum Co Ltd v Harper’s Garage (Stourport) Ltd HL 1968
Agreement in Restraint of Trade Unenforceable
The defendant ran two garages under solus agreements with the plaintiffs who complained when the defendants began to purchase petrol from cheaper alternative sources. The House was asked whether the solus agreements were be regarded in law as an . .
CitedNorris v United States of America and others HL 12-Mar-2008
The detainee appealed an order for extradition to the USA, saying that the offence (price-fixing) was not one known to English common law. The USA sought his extradition under the provisions of the Sherman Act.
Held: It was not, and it would . .
Lists of cited by and citing cases may be incomplete.

Commercial

Leading Case

Updated: 27 November 2022; Ref: scu.259685

Ipswich Clothworkers’ Case; Ipswich Taylors v Sherring: 1614

The king’s power to create corporations and to order trade did not include a power to make a monopoly, for that is to take away free trade which is the birthright of every subject. A trader creating a new invention could be granted a charter by the king allowing him sole use of it for a set period of time, but when that patent expired, it could not be renewed. A copporation could not be the judge of whether its patent had been breached, for that would make it judge and jury in its own cause, and the King could not grant unto another the power to do a thing which was against the law.

Citations:

(1614) Godb 252

Jurisdiction:

England and Wales

Cited by:

CitedOakley Inc v Animal Ltd and others PatC 17-Feb-2005
A design for sunglasses was challenged for prior publication. However the law in England differed from that apparently imposed from Europe as to the existence of a 12 month period of grace before applying for registration.
Held: Instruments . .
Lists of cited by and citing cases may be incomplete.

Commercial, Intellectual Property

Updated: 26 November 2022; Ref: scu.222832

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 OFT to believe that the merger ‘may be’ expected to result in a substantial lessening in competition, not that such a belief might arise in the future. On the other hand, the OFT had first to form a relevant belief – a suspicion was insufficient. That belief must be reasonable and objectively based. The degree of likelihood expected must amount to an expectation that ‘it is or may be the case that’ the merger may be a ‘relevant merger’ for the Act.
Carnwath LJ said: ‘the CAT was right to observe that their approach should reflect the ‘specific context’ in which they had been created as a specialised tribunal (paras 220); but they were wrong to suggest that this permitted them to discard established case law relating to ‘reasonableness’ in administrative law, in favour of the ‘ordinary and natural meaning’ of that word (para 225). Their instinctive wish for a more flexible approach than Wednesbury would have found more solid support in the textbook discussions of the subject, which emphasise the flexibility of the legal concept of ‘reasonableness’ dependent on the statutory context (see de Smith para 13-055ff ‘The intensity of review’; cf Wade and Forsyth, p 364ff ‘The standard of reasonableness’, and the comments of Lord Lowry in R v Secretary of State for the Home Department, Ex p Brind [1991] 1 AC 696, 765ff).
Thus, at one end of the spectrum, a ‘low intensity’ of review is applied to cases involving issues ‘depending essentially on political judgment’ (de Smith para 13-056-7). Examples are R v Secretary of State, Ex p Nottinghamshire County Council [1986] AC 240, and R v Secretary of State, Ex p Hammersmith and Fulham London Borough Council [1991] 1 AC 521, where the decisions related to a matter of national economic policy, and the court would not intervene outside of ‘the extremes of bad faith, improper motive or manifest absurdity’ ([1991] 1 AC, per Lord Bridge of Harwich, at pp 596-597). At the other end of the spectrum are decisions infringing fundamental rights where unreasonableness is not equated with ‘absurdity’ or ‘perversity’, and a ‘lower’ threshold of unreasonableness is used . . A further factor relevant to the intensity of review is whether the issue before the Tribunal is one properly within the province of the court. As has often been said, judges are not ‘equipped by training or experience or furnished with the requisite knowledge or advice’ to decide issues depending on administrative or political judgment: see Ex p Brind [1991] 1 AC at 767, per Lord Lowry. On the other hand where the question is the fairness of a procedure adopted by a decision-maker, the court has been more willing to intervene: such questions are to be answered not by reference to Wednesbury unreasonableness, but ‘in accordance with the principles of fair procedure which have been developed over the years and of which the courts are the author and sole judge” (R v Panel on Take-overs and Mergers, Ex p Guinness plc [1990] 1 QB 146, 184, per Lloyd LJ).’

Judges:

Lord Justice Mance VC, Lord Justice Carnwath

Citations:

[2004] EWCA Civ 142, Times 25-Feb-2004, Gazette 18-Mar-2004, [2004] 4 All ER 1103, [2004] ICR 1364

Links:

Bailii

Statutes:

Enterprise Act 2002 33(1)

Jurisdiction:

England and Wales

Citing:

CitedAssociated Provincial Picture Houses Ltd v Wednesbury Corporation CA 10-Nov-1947
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 . .
CitedPadfield v Minister of Agriculture, Fisheries and Food HL 14-Feb-1968
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 . .
CitedSecretary of State for Education and Science v Tameside Metropolitan Borough Council HL 21-Oct-1976
An authority investigating an application for registration of rights of common over land has an implied duty to ‘take reasonable steps to acquaint (itself) with the relevant information.’ A mere factual mistake has become a ground of judicial . .
CitedRegina v Monopolies and Mergers Commission, ex parte Argyll Group plc CA 14-Mar-1986
Weighing Interest of Seeker of Judicial Review
The court recast in simpler language the provision in section 75 empowering the Secretary of State to make a merger reference to the Commission: ‘where it appears to him that it is or may be the fact that arrangements are in progress or in . .
CitedRegina (Daly) v Secretary of State for the Home Department HL 23-May-2001
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence . .
CitedRegina v Monopolies and Mergers Commission, ex parte South Yorkshire Transport Ltd HL 1993
One bus company took over another, giving it an effective monopoly within the region. The Commission considered that the area involved was sufficiently substantial to cause concern that it may operate against the public interest. At first instance . .
CitedEdwards (Inspector of Taxes) v Bairstow HL 25-Jul-1955
The House was asked whether a particular transaction was ‘an adventure in the nature of trade’.
Held: Although the House accepted that this was ‘an inference of fact’, on the primary facts as found by the Commissioners ‘the true and only . .
CitedRegina v Hillingdon London Borough Council Ex parte Puhlhofer HL 2-Jan-1986
Not Homeless Even if Accomodation Inadequate
The applicants, a married couple, lived with a young child and later also a baby in one room of a guest house. They were given breakfast but had no cooking or washing facilities. They succeeded on a judicial review of the housing authority’s . .
CitedRegina v Secretary of State for the Environment, ex parte Nottinghamshire County Council HL 12-Dec-1985
The House heard a judicial review of the Secretary of State’s assessment of the proper level of expenditure by a local authority.
Held: A ‘low intensity’ of review is applied to cases involving issues ‘depending essentially on political . .
CitedRegina v Secretary of State for the Home Department ex parte Brind HL 7-Feb-1991
The Home Secretary had issued directives to the BBC and IBA prohibiting the broadcasting of speech by representatives of proscribed terrorist organisations. The applicant journalists challenged the legality of the directives on the ground that they . .
CitedCouncil of Civil Service Unions v Minister for the Civil Service HL 22-Nov-1984
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 . .
CitedRegina v Panel on Takeovers and Mergers ex parte Guinness Plc CA 1989
The court asked about the standard of decision making at which a court could intervene: ‘Irrationality, at least in the sense of failing to take account of relevant factors or taking account of irrelevant factors, is a difficult concept in the . .
CitedRe 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 . .
CitedRegina v Lancashire County Council ex parte Huddleston CA 1986
The respondent council had failed to allocate a university student grant to the claimant and the principle was directed at the duty of that authority to state clearly the reasons for its refusal and the particular factors that had been taken into . .
CitedRegina 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. . .
CitedMoyna v Secretary of State for Work and Pensions HL 31-Jul-2003
The appellant had applied for and been refused disability living allowance on the basis of being able to carry out certain cooking tasks.
Held: The purpose of the ‘cooking test’ is not to ascertain whether the applicant can survive, or enjoy a . .

Cited by:

CitedT-Mobile (Uk) Ltd. and Another v Office of Communications CA 12-Dec-2008
The claimant telecoms companies objected to a proposed scheme for future licensing of available spectrum. The scheme anticipated a bias in favour of auctioniung such content. It was not agreed whether any challenge to the decision should be by way . .
CitedKennedy v The Charity Commission SC 26-Mar-2014
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the . .
Lists of cited by and citing cases may be incomplete.

Company, Commercial

Updated: 26 November 2022; Ref: scu.193916

C P Henderson and Co v The Comptoir D’Escompte de Paris: PC 1873

The court considered a bill of lading in the usual form, save that the words ‘or order or assigns’ are omitted. The court was prepared to assume that such a bill was not a negotiable instrument. It was argued that, notwithstanding the omission of these words, this bill of lading was a negotiable instrument, and there was some authority at nisi prius for that proposition; but the general view of the mercantile world was that, in order to make bills of lading negotiable, some such words as ‘or order or assigns’ ought to be in them.

Citations:

(1873-74) LR 5 PC 253

Jurisdiction:

Commonwealth

Cited by:

CitedJ I MacWilliam Co Inc v Mediterranean Shipping Company S A, ‘The Rafaela S’ CA 16-Apr-2003
Machinery was damaged whilst in transit, on the second of two legs. The contract described itself as a through bill of lading, but the port of discharge was not the final destination.
Held: The contract was a straight bill of lading. A . .
CitedJ I MacWilliam Company Inc v Mediterranean Shipping Company SA; The ‘Rafaela S’ HL 16-Feb-2005
A US company bought a printing machine and ancillary equipment on CIF terms from an English company. The sellers consigned the goods to the buyers. The carriers were a container liner operator and the demise charterers of the vessels ‘Rosemary’ and . .
Lists of cited by and citing cases may be incomplete.

Commercial, Transport, Contract

Updated: 25 November 2022; Ref: scu.181885

Archer Daniels Midland and Archer Daniels Midlands Ingredients v Commission (Judgment): ECFI 9 Jul 2003

ECFI Competition – Cartel – Lysine – Guidelines on the method of setting fines – Applicability – Gravity and duration of the infringement – Turnover – Aggravating circumstances – Mitigating circumstances – Cooperation during the administrative procedure – Concurrent sanctions.

Citations:

T-224/00, [2003] EUECJ T-224/00

Links:

Bailii

Jurisdiction:

European

Cited by:

See AlsoArcher Daniels Midland and Another v Commission (Competition) ECJ 18-May-2006
ECJ Appeals – Competition – Cartels – Synthetic lysine market – Fines – Guidelines on the method of setting fines – Non-retroactivity – Non bis in idem principle – Equal treatment – Turnover which may be taken . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 25 November 2022; Ref: scu.186902

Macmillan, Inc (Incorporated Under the Laws of the State of Delaware, Usa) MCC Proceeds Inc v Bishopsgate Investment Trust Plc (No 4): CA 4 Nov 1998

When a court came to be obliged to decide issues of foreign law which were in substance issues of fact, and experts disagreed, it had to do so, and the Court of Appeal had to come to its own conclusions respecting the circumstances in first instance court

Citations:

Times 07-Dec-1998, [1998] EWCA Civ 1680, [1999] CLC 417

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedMorgan Grenfell and Co Ltd v Sace – Istituto Per i Servizi Assicurativi Del Commercio CA 19-Dec-2001
The claimants sought to recover under guarantees, issued by the respondent banks, underwriting export credit guarantees. Though described as guarantees, the agreements were in law and substance, contracts of insurance governed by Italian law. The . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, Commercial, Intellectual Property

Updated: 25 November 2022; Ref: scu.145158

E A Grimstead and Son Limited v McGarrigan: CA 13 Oct 1998

Judges:

Chadwick LJ

Citations:

[1998] EWCA Civ 1523

Statutes:

Misrepresentation Act 1967 3

Jurisdiction:

England and Wales

Citing:

CitedThomas Witter v TBP Industries Ltd ChD 15-Jul-1994
An award of damages for misrepresentation required that there had at some time been a right of rescission, not necessarily a continuing right to rescind.
An acknowledgement of non-reliance clause has become a common part of modern commercial . .

Cited by:

CitedWatford Electronics Ltd v Sanderson CFL Ltd CA 23-Feb-2001
The plaintiff had contracted to purchase software from the respondent. The system failed to perform, and the defendant sought to rely upon its exclusion and limitation of liability clauses.
Held: It is for the party claiming that a contract . .
PreferredSix Continents Hotels Inc v Event Hotels Gmbh QBD 21-Sep-2006
The claimant had licensed the defendant to use its trademarks in connection with the naming of their hotels in Germany. The defendants failed to pay their fees as agreed, the claimants terminated the license and now sought payment under the . .
CitedAhmed v Landstone Leisure Ltd ChD 30-Jan-2009
The claimant appealed against a refusal to set aside a statutory demand. He had given a cheque at a land auction, and it had bounced on his instructions, saying that the property had been misrepresented.
Held: The auctioneer had specifically . .
See AlsoE A Grimstead and Son Ltd v McGarrigan CA 27-Oct-1999
The court considered the effect of an acknowledgement of non-reliance clause: ‘There are, as it seems to me, at least two good reasons why the courts should not refuse to give effect to an acknowledgement of non-reliance in a commercial contract . .
Lists of cited by and citing cases may be incomplete.

Contract, Commercial

Updated: 25 November 2022; Ref: scu.145002

Archer Daniels Midland v Commission (Competition): ECJ 19 Mar 2009

Appeal – Competition Agreements, decisions and concerted practices – Sodium gluconate market – Fines – Guidelines on the method of setting fines – Community competition policy – Equal treatment – Turnover to be taken into account – Attenuating circumstances

Citations:

[2009] EUECJ C-510/06, [2009] 4 CMLR 20

Links:

Bailii

Jurisdiction:

European

Citing:

OpinionArcher Daniels Midland v Commission (Competition) ECJ 15-May-2008
EU (Opinion) Appeal Competition Article 81 EC Cartel Sodium gluconate market Regulation No 17 Fines Guidelines on the method of setting fines Statement of reasons demonstrating the need to increase the level of . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 25 November 2022; Ref: scu.650814

Impala Warehousing and Logistics (Shanghai) Co Ltd v Wanxiang Resources (Singapore) Pte Ltd: ComC 25 Mar 2015

ComC ‘This case concerns warehouse receipts, a common instrument in trade and finance, and specifically whether because of an exclusive jurisdiction clause said to have been incorporated in the receipts, the claimant warehouse company is entitled to an anti-suit injunction preventing the defendant from pursuing proceedings in the Shanghai courts which the claimant says are based on the receipts.’

Judges:

Blair J

Citations:

[2015] EWHC 811 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Commercial

Updated: 25 November 2022; Ref: scu.544863

CGU v Szabo: 2002

Citations:

[2002] 1 All ER Com 83

Jurisdiction:

England and Wales

Cited by:

CitedTryg Baltic International (UK) Ltd v Boston Compania De Seguros Sa and others ComC 28-May-2004
Four defendants from Argentina sought to have set aside an order for them to be served, saying the appropriate jursidiction, if there was a triable issue, would be Argentina.
Held: The agreements were to be construed according to English Law. . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 24 November 2022; Ref: scu.197878

Registrar of Restrictive Trading Agreements v Schweppes Ltd (No. 2): 1971

Judges:

Stamp J

Citations:

(1971) LR7 RP 336

Statutes:

Restrictive Trade Practices Act 1976

Jurisdiction:

England and Wales

Cited by:

CitedMD Foods v Baines and others; Associated Dairies Ltd v Baines and Others HL 27-Feb-1997
The appellant dairy sold milk to the defendant roundsmen, each agreeing not to sell milk by retail to the others customers. The defendant began to buy his milk elsewhere, and claimed the agreement should have been registered as a restrictive trade . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 24 November 2022; Ref: scu.197747

Groupement National des Negociants en Pommes de Terre de Belgique Belgapom) v ITM Belgium SA and Vocarex SA: ECJ 11 Aug 1995

European Community quantitative restrictions on import not relevant to every states legislation. Measures applying equally to all traders within a member state were not discriminatory.
Trade between Member States is not likely to be impeded, directly or indirectly, actually or potentially, by the application to products from other Member States of national provisions restricting or prohibiting certain selling arrangements so long as those provisions apply to all relevant traders operating within the national territory and so long as they affect in the same manner, in law and in fact, the marketing of domestic products and of those from other Member States. Where those conditions are satisfied, the application of such rules to the sale of products from another Member State meeting the rules laid down by that State is not by nature such as to prevent their access to the market or to impede access any more than it impedes the access of domestic products. Such rules therefore fall outside the scope of Article 30 of the Treaty. It follows that Article 30 of the Treaty is to be interpreted as not applying where a Member State prohibits by legislation any sale which yields only a very low profit margin.

Citations:

Times 25-Sep-1995, Ind Summary 09-Oct-1995, C-63/94, [1995] ECR I-0000, [1995] EUECJ C-63/94

Links:

Bailii

Statutes:

EC Treaty Article 30

Jurisdiction:

European

Cited by:

CitedGebhard v Consiglio dell’Ordine degli Avvocati e Procuratori di Milano ECJ 30-Nov-1995
Practice by lawyers in other European jurisdictions were governed by the general principles of freedom of establishment under the Treaty: ‘National measures liable to hinder or make less attractive the exercise of fundamental freedoms guaranteed by . .
CitedScotch Whisky Association and Others v The Lord Advocate and Another SC 15-Nov-2017
The Association challenged the imposition of minimum pricing systems for alcohol, saying that it was in breach of European law. After a reference to the ECJ, the Court now considered its legality.
Held: The Association’s appeal failed. Minimum . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 24 November 2022; Ref: scu.161302

Papierfabrik August Koehler v Commission (Competition) C-322/07: ECJ 2 Apr 2009

ECJ Appeals – Agreements – Carbonless paper Article 81 EC – Inconsistency between the statement of objections and the decision – Violation of the rights of defense Consequences reasonable length of proceedings before the Tribunal – Distortion of evidence Participation in the infringement Duration of offense Regulation No. 17 Article 15, paragraph 2 Guidelines for the calculation of fines proportionality principle principle of equal treatment motivation Duty

Judges:

Yves Bot AG

Citations:

[2009] EUECJ C-322/07 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

OpinionPapierfabrik August Koehler v Commission (Competition) ECJ 3-Sep-2009
ECJ Appeals – Agreements, decisions and concerted practices – Carbonless paper Inconsistency between the statement of objections and the contested decision Infringement of the rights of the defence – Consequences . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 23 November 2022; Ref: scu.342039

Archer Daniels Midland v Commission (Competition): ECJ 15 May 2008

EU (Opinion) Appeal Competition Article 81 EC Cartel Sodium gluconate market Regulation No 17 Fines Guidelines on the method of setting fines Statement of reasons demonstrating the need to increase the level of fines EEA-wide product turnover Principle of equal treatment Determination of market impact Burden of pleading and proving the facts Duration of the infringement and termination of the cartel Attenuating circumstances.

Citations:

C-510/06, [2008] EUECJ C-510/06 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

OpinionArcher Daniels Midland v Commission (Competition) ECJ 19-Mar-2009
Appeal – Competition Agreements, decisions and concerted practices – Sodium gluconate market – Fines – Guidelines on the method of setting fines – Community competition policy – Equal treatment – Turnover to be taken into account – Attenuating . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 23 November 2022; Ref: scu.267958

Archer Daniels Midland and Another v Commission (Competition): ECJ 18 May 2006

ECJ Appeals – Competition – Cartels – Synthetic lysine market – Fines – Guidelines on the method of setting fines – Non-retroactivity – Non bis in idem principle – Equal treatment – Turnover which may be taken into account.
‘the principle of ne bis in idem prohibits the same person from being sanctioned more than once for the same unlawful conduct in order to protect one and the same legal interest. The application of that principle is subject to three cumulative conditions: the identity of the facts, the unity of offender and the unity of legal interest protected.’

Citations:

C-397/03, [2006] EUECJ C-397/03, [2006] ECR I-4429, [2006] 5 CMLR 4

Links:

Bailii, Bailii

Jurisdiction:

European

Citing:

See AlsoArcher Daniels Midland and Archer Daniels Midlands Ingredients v Commission (Judgment) ECFI 9-Jul-2003
ECFI Competition – Cartel – Lysine – Guidelines on the method of setting fines – Applicability – Gravity and duration of the infringement – Turnover – Aggravating circumstances – Mitigating circumstances – . .

Cited by:

CitedDevenish Nutrition Ltd and others v Sanofi-Aventis SA (France) and others ChD 19-Oct-2007
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 . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 23 November 2022; Ref: scu.241901

Ingmar GB Limited v Eaton Leonard Technologies Inc: CA 31 Jul 1998

Case referred to ECJ.

Judges:

Peter Gibson, Aldous, Potter LJJ

Citations:

[1998] EWCA Civ 1366

Statutes:

Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents 17, Commercial Agents (Council Directive) Regulations 1993

Jurisdiction:

England and Wales

Citing:

CitedMoore v Piretta Pta Ltd QBD 11-May-1998
M had a series of agency contracts selling women’s clothing. The last contract was in 1994, and on termination, M claimed an indemnity under the contract which itself applied the regulations. Reg 17(3) gave an indemnity for new customers, where the . .

Cited by:

Reference fromIngmar Gb Ltd v Eaton Leonard Technologies Inc ECJ 16-Nov-2000
When a commercial agency was terminated in circumstances which under community law would entitle the agent to compensation, that compensation was payable even though the contract expressed itself to be governed by the law of California, and the . .
See AlsoIngmar GB Ltd v Eaton Leonard Inc QBD 31-Jul-2001
The applicants sought damages as commercial agents following the termination of their exclusive agency for the sale of the respondents goods in the UK. The defendants claimed the contract was governed exclusively by Californian law. The European . .
Lists of cited by and citing cases may be incomplete.

Commercial, Agency, European

Updated: 23 November 2022; Ref: scu.144845

CEL Group Ltd v Nedlloyd Lines UK Ltd and Another: CA 26 Nov 2003

Judges:

Lady Justice Hale Lord Justice Waller Lord Justice Carnwath

Citations:

[2003] EWCA Civ 1716, [2004] 1 Lloyd’s Rep 381, [2004] 1 Lloyd’s Rep 381

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See alsoCel Group Ltd v Nedlloyd Lines UK Ltd and Another CA 18-Dec-2003
The defendant sought indemnity costs with interest at an enhanced rate. It had made on offer of settlement which was rejected. CEL objected that the defendant had the benefit of a conditional fee agreement.
Held: The conditional fee agreement . .

Cited by:

Costs appealCel Group Ltd v Nedlloyd Lines UK Ltd and Another CA 18-Dec-2003
The defendant sought indemnity costs with interest at an enhanced rate. It had made on offer of settlement which was rejected. CEL objected that the defendant had the benefit of a conditional fee agreement.
Held: The conditional fee agreement . .
Lists of cited by and citing cases may be incomplete.

Contract, Commercial

Updated: 20 November 2022; Ref: scu.188250

Mindo Srl v European Commission: ECJ 11 Apr 2013

ECJ Appeals – Competition – Agreements, decisions and concerted practices – Italian market for the purchase and first processing of raw tobacco – Payment of the fine by the jointly and severally liable debtor – Interest in bringing proceedings – Burden of proof

Judges:

G. Arestis, P

Citations:

C-652/11, [2013] EUECJ C-652/11

Links:

Bailii

European, Commercial

Updated: 17 November 2022; Ref: scu.472564

Saveltajain Tekijanoikeustoimisto Teosto Ry v European Commission: ECJ 12 Apr 2013

ECFI Competition – Agreements, decisions and concerted practices – Copyright relating to public performance of musical works via the internet, satellite and cable retransmission – Decision finding an infringement of Article 81 EC – Sharing of the geographic market – Bilateral agreements between national collecting societies – Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences – Proof – Presumption of innocence

Judges:

H. Kanninen (Rapporteur), P

Citations:

T-401/08, [2013] EUECJ T-401/08

Links:

Bailii

Jurisdiction:

European

European, Commercial, Media, Intellectual Property

Updated: 17 November 2022; Ref: scu.472586

Pilkington Group Ltd v European Commission: ECFI 11 Mar 2013

ECJ Interim relief – Competition – Publication of a decision finding an infringement of Article 81 EC – Rejection of request for confidential treatment of information allegedly covered by business secrecy – Application for interim measures – Urgency – Prima facie case – Weighing up of interests

Citations:

T-462/12, [2013] EUECJ T-462/12, [2015] EUECJ T-462/12

Links:

Bailii, Bailii

Statutes:

Article 81 EC

European, Commercial

Updated: 14 November 2022; Ref: scu.471909

Schenker And Co Ag And Others: ECJ 28 Feb 2013

ECJ Opinion – Competition – Agreements, decisions and concerted practices – Article 85 EEC, Article 81 EC and Article 101 TFEU – Regulation (EEC) No 17 – Regulation (EC) No 1/2003 – Error by an undertaking as to whether its conduct is contrary to competition law (error of law) – Attributability of the error of law – Expectations created by legal advice – Expectations as to the correctness of a decision taken by a national competition authority – Request to be heard as a cooperative witness under national competition law – Power of a national competition authority to find a cartel offence without imposing penalties

Judges:

Kokott AG

Citations:

C-681/11, [2013] EUECJ C-681/11

Links:

Bailii

European, Commercial

Updated: 14 November 2022; Ref: scu.471530

European Commission v Aalberts Industries Nv: ECJ 28 Feb 2013

ECJ Opinion – Appeal – Agreements, decisions and concerted practices – European market in copper and copper alloy fittings – Article 81 EC and Article 53 of the EEA Agreement – Fixing prices, discounts and rebates, introduction of mechanisms for coordinating price increases, allocating customers and exchanging commercial information – Concept of undertaking – Single, continuous infringement – Annulment of the Commission decision in whole or in part

Judges:

Mengozzi AG

Citations:

C-287/11, [2013] EUECJ C-287/11

Links:

Bailii

European, Commercial

Updated: 14 November 2022; Ref: scu.471523

Commission v Italy: ECJ 21 Feb 2008

ECJ Failure of a Member State to fulfil its obligations Public works, supply and service contracts Directives 92/50/EEC, 93/36/EEC, 93/37/EEC and 93/38/EEC – Transparency – Equal treatment – Contracts excluded from the scope of those directives on account of their value.

Citations:

C-412/04, [2008] EUECJ C-412/04

Links:

Bailii

Jurisdiction:

European

Citing:

OpinionCommission v Italy ECJ 8-Nov-2006
ECJ (Opinion) Public procurement – Criteria for the application of Community rules to mixed contracts – Application of the principles of transparency and equal treatment to contracts excluded on grounds of value . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 14 November 2022; Ref: scu.471312

Bundeswettbewerbsbehorde v Donau Chemie Ag: ECJ 7 Feb 2013

ECJ Competition – Action for damages – Evidence – Admissibility – Third party access to completed public law competition proceedings to support civil action – Access request by an association representing third parties potentially affected by a cartel – Legislative ban on access without the consent of all parties to public law competition proceedings – Absence of a judicial power to weigh relevant factors, including protection of evidence gathered in leniency proceedings as against effet utile – Principles of equivalence and effectiveness – Article 19(1) TEU – Article 101 TFEU – Charter of Fundamental Rights of the European Union – Article 47

Judges:

Jaaskinen AG

Citations:

C-536/11, [2013] EUECJ C-536/11

Links:

Bailii

European, Commercial

Updated: 14 November 2022; Ref: scu.470850

Protimonopolny Urad Slovenskej Republiky v Slovenska Sporitel’Na A.S.: ECJ 7 Feb 2013

ECJ Agreements, decisions and concerted practices – Agreement concluded between a number of banks – Competitor allegedly operating unlawfully on the market concerned – Effect – None

Judges:

A. Rosas, P

Citations:

C-68/12, [2013] EUECJ C-68/12, [2013] WLR(D) 52

Links:

Bailii

European, Commercial, Banking

Updated: 14 November 2022; Ref: scu.470854

Groupe Canal v Commission (Judgment): ECJ 9 Dec 2020

Appeal – Competition – Agreements – Television distribution – Regulation (EC) No 1/2003 – Article 9 and Article 16, paragraph 1 – Decision making commitments binding – Absolute territorial protection – Misuse of powers – Preliminary assessment – No obligation for the European Commission to take into account considerations relating to the application of Article 101 (3) TFEU – Agreements intended to partition national markets – No obligation for the Commission to analyze the markets one by one nationals concerned – Proportionality – Infringement of the contractual rights of third parties

Citations:

ECLI:EU:C:2020:1007, C-132/19, [2020] EUECJ C-132/19P

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 11 November 2022; Ref: scu.660725