Category: Commercial

Aoot Kalmneft v Denton Wilde Sapte (A Firm): Merc 29 Oct 2001

The court ordered relief by way of disclosure against a third party: ‘In Norwich Pharmacal the information required was the identity of the wrongdoer (the applicant knew what wrong had been done but not who had done it) but I see no reason why the principle is limited to disclosure of the identity of an unknown wrongdoer and does not extend to information showing that he has committed the wrong. . The information held by [the respondent] may not conclusively reveal an alternate defendant to [one of the alleged wrongdoers] nor conclusively disclose who received any part of the prepayment moneys, but I am satisfied that there is a sufficient prospect that the information they hold will assist [the applicant] in its search for wrongdoers and the funds paid away . . to justify making the orders sought . . The potential advantages to [the applicant] of seeing this part of the jigsaw and the potential disadvantages of it being denied a sight of that part outweigh, in my view, any detriment to [the respondent].’
The claimant sought disclosure of documents held by the defendant solicitors for a company no struck from the company register.

Judges:

His Honour Judge McGonigal

Citations:

[2002] 1 Lloyds Rep 417, [2001] EWHC 1 (Mercantile)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Norwich Pharmacal Co and others v Customs and Excise Commissioners HL 26-Jun-1973
Innocent third Party May still have duty to assist
The plaintiffs sought discovery from the defendants of documents received by them innocently in the exercise of their statutory functions. They sought to identify people who had been importing drugs unlawfully manufactured in breach of their . .
Cited – Upmann v Elkan CA 5-Jun-1871
The defendant freight forwarding agent was innocently in possession of consignments of counterfeit cigars in transit to Germany through a London dock. The action was not for discovery, but for an order restraining the forwarder from releasing the . .

Cited by:

Cited – Mitsui and Co Ltd v Nexen Petroleum UK Ltd ChD 29-Apr-2005
Mitsui sought disclosure of documents from a third party under the rules in Norwich Pharmacal.
Held: Such relief was available ‘where the claimant requires the disclosure of crucial information in order to be able to bring its claim or where . .
Cited – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1) Admn 21-Aug-2008
The claimant had been detained by the US in Guantanamo Bay suspected of terrorist involvement. He sought to support his defence documents from the respondent which showed that the evidence to be relied on in the US courts had been obtained by . .
Cited – Various Claimants v News Group Newspapers Ltd and Others ChD 12-Jul-2013
The claimants sought disclosure by the police of information relating to the phone hacking activities said to have been conducted by journalists engaged by the first defendant newspaper. They were wanting to make claims against the respondent, but . .
Lists of cited by and citing cases may be incomplete.

Commercial, Litigation Practice

Updated: 11 November 2022; Ref: scu.277366

Cityhook Ltd and Another, Regina (on the Application of) v Office of Fair Trading: Admn 20 Jan 2009

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 into suspected infringements of the Act.

Judges:

Foskett J

Citations:

[2009] EWHC 57 (Admin), [2009] ACD 41, [2009] UKCLR 255

Links:

Bailii

Jurisdiction:

England and Wales

Consumer, Commercial

Updated: 10 November 2022; Ref: scu.280053

American Airlines v Commission (Competition – Air Transport Market – Judgment): ECFI 16 Dec 2020

Competition – Concentrations – Air transport market – Decision declaring a concentration compatible with the internal market and the EEA Agreement – Commitments – Decision granting Grandfathering rights – Error of law – Concept of appropriate use

Citations:

ECLI:EU:T:2020:603, T-430/18, [2020] EUECJ T-430/18

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 10 November 2022; Ref: scu.660691

Robert Jan Gerard Honsbeek v Alexander Coenraad Metting Van Rijn: ECJ 22 Nov 2012

ECJ Reference for a preliminary ruling – Directive 93/42/EEC – Medical devices – Scope – Interpretation of the concept of ‘medical device’ – Product marketed for non-medical use – Investigation of a physiological process – Free movement of goods

Citations:

C-219/11, [2012] EUECJ C-219/11

Links:

Bailii

Statutes:

Directive 93/42/EEC

Jurisdiction:

European

Commercial

Updated: 09 November 2022; Ref: scu.466009

Sportingbet and Internet Opportunity Entertainment (Procedure for The Provision of Information In The Field of Technical Standards and Regulations and of Rules On Information Society: ECJ 22 Oct 2020

Reference for a preliminary ruling – Procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services – Notion of ‘technical regulation’ – Obligation on Member States to notify the European Commission of all draft technical regulations – Technical regulations which have not been notified cannot be enforced against individuals – Inapplicability to service providers

Citations:

C-275/19, [2020] EUECJ C-275/19, ECLI:EU:C:2020:856

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 05 November 2022; Ref: scu.660621

BCL Old Co Ltd and Others v BASF Plc and Others: SC 24 Oct 2012

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 time, the limitation period being 2 years from the infringement decision. The claimants had argued that the period began to run on the expiry of the period allowed for an appeal against the infringement decision, and now appealed against rejection of that claim saying that it led to uncertainty.
Held: The appeal failed. There had been no failure to comply with the principles of effectiveness and legal certainty required under EU law. The limitation period was set out with sufficient clarity and precise as to allow parties to ascertain and exercise their rights.

Judges:

Lord Phillips, Lord Walker, Lord Mance, Lord Clarke, Lord Wilson

Citations:

[2012] UKSC 45, UKSC 2010/0236, [2012] 1 WLR 2922, [2012] Bus LR 1801, [2012] WLR(D) 286

Links:

Bailii, Bailii Summary, SC Summary, SC

Statutes:

Competition Act 1998 47A

Jurisdiction:

England and Wales

Citing:

See Also – BCL Old Co Ltd and others v Basf Se and others CAT 25-Sep-2008
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. . .
See Also – BCL Old Co Ltd and others v Aventis Sa and others CAT 28-Jan-2005
Applications for security for costs. . .
See Also – BCL Old Co Ltd v Basf Se CAT 17-Oct-2008
The Tribunal unanimously decided that ‘the relevant date’ under rule 31(2) of the Tribunal Rules for the purposes of the Claimants’ claim fell on the expiry of the period during which an appeal against the relevant judgment of the CFI could have . .
See Also – BCL Old Co Ltd and Others v BASF Se and Others CA 22-May-2009
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 . .
See Also – BCL Old Co Ltd and Others Basf Se (Formerly Basf Ag) and Others CAT 19-Nov-2009
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 . .
See Also – BCL Old Co Ltd and Others v BASF Se (Formerly BASF Ag) and Others CAT 12-Feb-2010
. .

Cited by:

Cited – Deutsche Bahn Ag and Others v Morgan Advanced Materials Plc SC 9-Apr-2014
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 . .
Lists of cited by and citing cases may be incomplete.

Commercial, European, Limitation

Updated: 05 November 2022; Ref: scu.465184

Kuwait Petroleum (Nederland) Bv, v European Commission: ECFI 27 Sep 2012

ECFI Competition – Agreements, decisions and concerted practices – Netherlands market in road pavement bitumen – Decision finding an infringement of Article 81 EC – Fines – Cooperation during the administrative procedure – Significant added value – Equal treatment – Rights of the defence

Citations:

T-370/06, [2012] EUECJ T-370/06

Links:

Bailii

European, Commercial

Updated: 05 November 2022; Ref: scu.464585

French Republic v European Commission: ECFI 20 Sep 2012

ECFI State aid – Aid allegedly implemented by France in the form of an implied, unlimited guarantee in favour of La Poste as a result of its status as a publicly-owned establishment – Decision declaring the aid incompatible with the internal market – Action for annulment – Interest in bringing proceedings – Admissibility – Burden of proving the existence of State aid – Advantage

Citations:

T-154/10, [2012] EUECJ T-154/10

Links:

Bailii

European, Commercial

Updated: 05 November 2022; Ref: scu.464439

Energeiaki Thessalonikis Ae v Elliniki Energeia Kai Anaptyxi Ae: ECFI 20 Sep 2012

ECFI Competition – Abuse of dominant position – Greek market for the supply of lignite and Greek wholesale electricity market – Decision finding an infringement of Article 86(1) EC, read in combination with Article 82 EC – Grant or maintenance of rights awarded by the Hellenic Republic in favour of a public undertaking for the extraction of lignite.

Citations:

T-169/08, [2012] EUECJ T-169/08, [2016] EUECJ T-169/08

Links:

Bailii, Bailii

European, Commercial

Updated: 05 November 2022; Ref: scu.464428

L’Oreal Sa and others v Bellure Nv and others: CA 10 Oct 2007

Judges:

Keene LJ, Jacob LJ, Blackburne J

Citations:

[2007] EWCA Civ 968

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – L’Oreal Sa and others v Bellure Nv and others ChD 24-May-2006
Action for trade mark infringement and passing off – suggestion that goods of such superior quality that no possibility of confusion. . .
Appeal from – L’Oreal Sa and others v Bellure NV and others ChD 4-Oct-2006
The claimant alleged that the defendants had been importing copies of their perfumes. The products were not counterfeits, but ‘smell-alikes’. The defendants’ packaging and naming was used to suggest which perfume it resembled.
Held: The . .

Cited by:

Reference From – L’Oreal SA, Lancome parfums et beaute and Cie, Laboratoires Garnier and Cie v Bellure NV, Malaika Investments Ltd, Starion International Ltd ECJ 18-Jun-2009
loreal_bellureECJ2009
ECJ Approximation of laws – Trade marks Directive 98/104/EEC Article 5(1)(a) – Use of another person’s trade mark for identical goods in comparative advertising Article 5(2) – Unfair advantage taken of the . .
See Also – L’Oreal Sa and Others v Bellure Nv and Others CA 21-May-2010
The claimant, manufacturers of perfumes, complained that the defendants, manufacturers of smell-alike products, were in breach of the Directive in marketing their products using lists which identified those of the claimants products to which they . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Commercial

Updated: 05 November 2022; Ref: scu.259766

Germany v Commission (Judgment): ECJ 17 Dec 2020

Appeal – Approximation of laws – Regulation (EU) No 305/2011 – Harmonized marketing conditions for construction products – Harmonized technical standards and regulations – Harmonized standards EN 14342: 2013, EN 14904: 2006, EN 13341: 2005 + A1: 2011 and EN 12285-2: 2005 – Action for annulment

Citations:

ECLI:EU:C:2020:1036, C-475/19, [2020] EUECJ C-475/19P

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 05 November 2022; Ref: scu.660722

European Commission v Tomkins Plc: ECJ 19 Jul 2012

Citations:

C-286/11, [2012] EUECJ C-286/11

Links:

Bailii

Jurisdiction:

European

Cited by:

See Also – European Commission v Tomkins Plc 22-Jan-2013
Competition – Agreements, decisions and concerted practices – European market for copper and copper alloy fittings – Liability of the parent company stemming solely from the unlawful conduct of its subsidiary – Principle of ‘ne ultra petita’ – . .
Lists of cited by and citing cases may be incomplete.

Commercial

Updated: 04 November 2022; Ref: scu.463837

SerVaas Incorporated v Rafidian Bank and Others: SC 17 Aug 2012

The appellant had contracted to construct a factory in Iraq. On the imposition of sanctions, the respondent bank’s assets were frozen. The appellant sought to recover the sums due to it, and obtained judgment in France. After the fall of Hussain, arrangements were put in place to begin to pay the respondent’s creditors, and debt assignments were undertaken by the respondent’s liquidators. The new Iraq government obtained orders for the repayment of sums due, and the appellant sought to obtain a third party debt order. The Iraqi government claimed exemption under the 1978 Act, certifying as required, and the court was now asked as to the true construction of the expression ‘property which is for the time being in use or intended for use for commercial purposes’ in section 13(4) of the 1978 Act, and whether, in these summary proceedings, the appellant had any prospect of rebutting the presumption raised by the respondent’s certificate. The appellants stated that the underlying transaction had been eminently a purely commercial one.
Held: The appeal failed. Whether property falls within the definition ‘for the time being in use or intended for use for commercial purposes’ within section 13(4) of the 1978 Act does not depend on whether has had that characteristic in the past.
Servaas had been unable to show any intended commercial use for the fund.

Judges:

Lord Phillips, President, Lady Hale, Lord Clarke, Lord Sumption, Lord Reed

Citations:

[2012] UKSC 40, [2012] 3 WLR 545, [2012] WLR(D) 257, UKSC 2011/0247

Links:

Bailii, Bailii SC, SC Summary, SC

Statutes:

State Immunity Act 1978 13(4)

Jurisdiction:

England and Wales

Citing:

At Administrative Court – Servaas Inc v Rafidain Bank and Others ChD 14-Dec-2010
Application for third party debt order. . .
At Commercial Court – Servaas Incorporated v Rafidain Bank and Others ComC 14-Dec-2010
The claimant had supplied a factory to Iraq, but remained unpaid. Assets had been frozen in the respondent Iraqi bank, and with the new government, the liquidators were to pay assets to a fund who were, in turn to discharge debts pro rata. The . .
Appeal from – Servaas Incorporated v Rafidain Bank and Others CA 3-Nov-2011
A commercial debt due to the claimant from the former Iraqi government, and for which judgment had been obtained in France, had been bought from receivers by the new Iraqi Development fund. The appellants sought to secure their judgment in full by a . .
Cited – Alcom Ltd v Republic of Colombia HL 1984
A bank account used to cover the day-to-day expenses of an Embassy, clearly served sovereign purposes and therefore was immune from enforcement measures. The Act of 1978 must be read against the background of customary international law current in . .
Cited – AIC Ltd v Federal Government of Nigeria QBD 13-Jun-2003
The court was asked: ‘i. whether a judgment against a State may be registered under section 9 of the Administration of Justice Act 1920 and enforced in this country; and
ii. whether moneys in a bank account of a central bank that is a separate . .
Cited – AIG Capital Partners Inc and Another v Kazakhstan ComC 20-Oct-2005
Aitkens J said as to the United Nations Convention on Jurisdictional Immunities of States and Their Property that it though not in force, and not ratified by the United Kingdom: ‘its existence and adoption by the UN after the long and careful work . .
Cited – Orascom Telecom Holding SAE v Republic of Chad and others Comc 28-Jul-2008
Final application for a third party debt order. . .
Cited – Connecticut Bank of Commerce v Republic of Congo 29-Aug-2002
(United States Court of Appeals, Fifth Circuit) Connecticut Bank had acquired the rights to a valid London judgment against the Congo for defaulting on a loan agreement. It obtained a default judgment in New York in relation to the London judgment . .
Cited – FG Hemisphere Associates LLC v Democratic Republic of Congo 10-Feb-2010
Hong Kong Court of Appeal . .
Lists of cited by and citing cases may be incomplete.

International, Commercial

Updated: 04 November 2022; Ref: scu.463743

Deutsche Bahn Ag and Others v Morgan Crucible Company Plc and Others: CA 31 Jul 2012

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 cartel, but their claims were deemed out of time. The claimants appealed.
Held: The appeal succeeded. The issue was one of domestic law, being a claim was for private law damages, and was not unrelated to the penalties or fines which sanction breaches of European law; section 47A was a domestic provision regulating limitation, a matter left to domestic law. The statutory references to a ‘decision’ establishing that the prohibition ‘has been infringed’ was quite general in their natural and ordinary meaning, and did not refer to ‘a decision against, or as regards, a particular party or particular addressee of the Commission Decision’.
Practical considerations also militated in favour of this interpretation. It was more sensible that any follow-on claim should be postponed until the final decision on infringement was known, ‘so that all questions of causation, quantum and contribution could be resolved at the same time’.

Judges:

Mummery, Etherton and Sullivan LJJ

Citations:

[2012] EWCA Civ 1055, [2013] Bus LR 125

Links:

Bailii

Statutes:

Competition Act 1998 47A

Jurisdiction:

England and Wales

Citing:

Appeal From – Deutsche Bahn Ag and Others v Morgan Crucible Company Plc and Others CAT 25-May-2011
. .

Cited by:

Appeal from – Deutsche Bahn Ag and Others v Morgan Advanced Materials Plc SC 9-Apr-2014
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 . .
Lists of cited by and citing cases may be incomplete.

European, Commercial, Limitation

Updated: 04 November 2022; Ref: scu.463423

Telefonica O2 UK Ltd and Others v British Telecommunications Plc and Another: CA 25 Jul 2012

BT had introduced a new tarriff for termination charges in respect of calls made from mobile phones to 08 numbers.
Held: The Court overruled the CAT and restored the decision of Ofcom. The CAT had been wrong to attach weight to their view that a restraint on BT’s freedom to set its own charges would itself distort competition, and wrong to attach weight to the fact that BT, not having significant market power in a relevant market, was not subject to ex ante control of its prices on competition grounds.

Judges:

Lloyd, Etherton, Elias LJJ

Citations:

[2012] EWCA Civ 1002

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Telefonica O2 Uk Ltd v Office of Communications and Another CAT 7-Oct-2010
OFCOM had disallowed a new termination tarriff imposed by BT on mobile network operators.
Held: The appeal succeeded. BT had the right to vary its charges subject to compiance with the appropriate European objectives and directives. Since the . .

Cited by:

Appeal from – British Telecommunications Plc v Telefonica O2 UK Ltd SC 9-Jul-2014
The parties disputed the termination charges which BT was entitled to charge to mobile network operators for putting calls from the latter’s networks through to BT fixed lines with associated 08 numbers. BT had introduced new tariff charges.
Lists of cited by and citing cases may be incomplete.

Media, Commercial, Utilities

Updated: 04 November 2022; Ref: scu.463312

TF1 and Others v Commission: ECFI 10 Jul 2012

ECFI State aid – Public Broadcasting Service – Help contemplated by the French Republic for France Televisions – Subsidy under fiscal year 2009 – Decision not to raise objections – Service of general economic interest – proportionality test – No serious difficulties

Judges:

Czucz P

Citations:

T-520/09, [2012] EUECJ T-520/09

Links:

Bailii

European, Media, Commercial

Updated: 04 November 2022; Ref: scu.463248

MTV Europe v BMG Records (UK) Ltd: CA 1997

The court recognised the difficulties of the European and national court investigating the same set of facts, and referred to ‘the extreme undesirability of inconsistent decisions as between the Commission, on one side, and national courts on the other’, adding ‘It is not hard to understand the undesirability of such inconsistency which undermines legal authority, leaving parties in doubt as to where they stand, and infringes the integrity of the Community legal order.’

Judges:

Sir Thomas Bingham MR

Citations:

[1997] EuLR 100

Jurisdiction:

England and Wales

Cited by:

Cited – Crehan 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 . .
Lists of cited by and citing cases may be incomplete.

European, Commercial

Updated: 04 November 2022; Ref: scu.197722

Tigana Ltd v Decoro Ltd: QBD 3 Feb 2003

The claimant sought compensation after its sales agency agreement with the defendant was terminated. He had opened up several substantial sales channels for the respondent’s products within the UK. There were difficulties in the products (leather furniture) meeting UK fire safety standards, and with which the claimant gave assistance. The defendants did not renew the agreement, but continued to trade successfully with parties introduced. The claimant sought compensation, and the defendant resisted the application of the Regulations.
Held: The claimant’s role had been envisaged to be one of introducing customers, not of managing the difficulties with the Fire Regulations. Regulation 8(a) is conjunctive and cumulative: the transaction is to be due to the agent’s efforts during the agency and the transaction is within a reasonable period after the agency contract terminated. The regulations are intended to be flexible. In this case, nine months was a reasonable period. The entitlement under regulation 17 continues where a contract expired by effluxion. The court set out fourteen factors to be allowed for in calculating an award: ‘the ‘damage’ suffered by a commercial agent as a result of the termination of the agency (Regulation 17 (6)) is – generally speaking (and breach of contract cases aside) – to be regarded as a putative loss and not simply (by common law standards) actual loss. This is shown by the exclusion of principles of mitigation and applicability of the compensation provisions to termination on death or retirement. Clearly one important element, as the recitals to the Directive show, is to avoid a principal being unjustly enriched by retaining for itself without payment the entirety of the benefit of goodwill to which the activities of the agent during the agency have contributed. But another element (which finds both reflection and emphasis in Regulation 17(7) (a)) is to compensate the agent for the loss of a beneficial agency contract. One can perhaps there see some analogy with redundancy payments in an employment context: although the analogy cannot be pushed too far, since the policy considerations behind redundancy payments for employees are rather different.’

Judges:

Mr Justice Davis

Citations:

[2003] ECC 23, [2003] EWHC 23 (QB), [2003] EuLR 189

Links:

Bailii

Statutes:

Commercial Agents (Council Directive) Regulations 1993 (SI 1993 No 3173) 8 17

Jurisdiction:

England and Wales

Citing:

Cited – Page v Combined Shipping and Trading Co Ltd CA 24-May-1996
Mr Page was taken on to trade in commodities for the defendant for a minimum period of four years. Six months later the defendant’s parent company decided to cease trading activities, and he began proceedings claiming compensation under regulation . .
Cited – Whitehead v Jenks and Cattell Engineering Ltd 1999
. .
Cited – David Frape v Emreco International Limited (2) SCS 2-Aug-2001
. .
Cited – King v T Tunnock Limited IHCS 2000
The pursuer had been employed as a commercial agent by the defendant which carried on business as a baker. The pursuer sold only the defendant’s cakes and biscuits. The defendant decided to close its bakery business. The claimant sought compensation . .
Cited – Moore 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:

Cited – Lonsdale v Howard and Hallam Ltd CA 8-Feb-2006
The claimant sought damages after his agency with the defendants was terminated. The central issue was whether compensation was to be calculated at two years commission as derived from French practice or otherwise.
Held: ‘there is no clear . .
Adopted – Light and Others v Ty Europe Ltd CA 25-Jul-2003
The claimants sought damages under the regulations. They were self employed sales agents. At first they were sub agents but upon the ceasing to trade of the main agents they had acted directly for the principal. Those agencies had been terminated. . .
Cited – Lonsdale (T/A Lonsdale Agencies) v Howard and Hallam Ltd HL 4-Jul-2007
The claimant sought compensation after his commercial agency was terminated. The court had found that the agency was declining in turnover, and reduced the compensation accordingly. There had been no written agreement for the agency, and six months’ . .
Lists of cited by and citing cases may be incomplete.

Agency, Commercial, Damages, European

Updated: 04 November 2022; Ref: scu.178907

Ingmar 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 Court had decided that the compensation could not be excluded by contract. The court had to assess damages.
Held: There was no duplication to award both compensation for the termination and payment of outstanding commissions. The absence of a non-derogation article meant that the parties could derogate from articles 7 and 8. The regulations must be read consistently across the UK. Whilst there is no rule, the French guideline that in many cases the two-year purchase of average gross commission may be appropriate could apply. In this case however three years was appropriate. To apply the two year rule would result in injustice to the defendants and an excessive windfall for the claimants. He therefore considered it appropriate to depart from the guideline

Judges:

The Hon Mr Justice Morland

Citations:

[2001] EWHC QB 3

Links:

Bailii

Statutes:

Commercial Agents (Council Directive) Regulations 1993 (Regulations 7 and 8), Council Directive (EEC) 86/653

Jurisdiction:

England and Wales

Citing:

Cited – Page v Combined Shipping and Trading Co Ltd CA 24-May-1996
Mr Page was taken on to trade in commodities for the defendant for a minimum period of four years. Six months later the defendant’s parent company decided to cease trading activities, and he began proceedings claiming compensation under regulation . .
Cited – Tamarind International Ltd and others v Eastern Natural Gas (Retail) Ltd and Another QBD 27-Jun-2000
Where self employed agents had been taken on to market the respondent’s services, and those agencies were terminated, such activities were those of commercial agents within the Directive, and they were entitled to compensation. Whether he was a . .
See Also – Ingmar GB Limited v Eaton Leonard Technologies Inc CA 31-Jul-1998
Case referred to ECJ. . .
At ECJ – Ingmar 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 . .

Cited by:

Cited – Lonsdale v Howard and Hallam Ltd CA 8-Feb-2006
The claimant sought damages after his agency with the defendants was terminated. The central issue was whether compensation was to be calculated at two years commission as derived from French practice or otherwise.
Held: ‘there is no clear . .
Lists of cited by and citing cases may be incomplete.

Commercial, Agency, European

Updated: 04 November 2022; Ref: scu.159880

Fakro v Commission (Judgment): ECFI 16 Dec 2020

Competition – Abuse of a dominant position – Market in roof windows and brackets – Decision rejecting a complaint – Article 7 of Regulation (EC) No 773/2004 – Access to the file – Principle of good administration Reasonable timeframe Manifest error d ‘assessment – Obligation to state reasons – Lack of Union interest – Probability of being able to establish the existence of an infringement – Predatory prices – ‘Combat marks’ – Rebates – Exclusivity

Citations:

ECLI:EU:T:2020:620, T-515/18, [2020] EUECJ T-515/18

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 04 November 2022; Ref: scu.660716

Silver Plastics and Johannes Reifenhauser v Commission (Competition – Retail Food Packaging Market – Judgment): ECJ 22 Oct 2020

Appeal – Competition – Agreements, decisions and concerted practices – Retail food packaging market – Decision finding an infringement of Article 101 TFEU – Regulation (EC) No 1/2003 – Article 23 – Article 6 of the European Convention on Human Rights – Fundamental right to a fair trial – Principle of equality of arms – Right ‘to an examination in person’ – Hearing of witnesses – Statement of reasons – Single and continuous infringement – Upper limit of fine

Citations:

C-702/19, [2020] EUECJ C-702/19P, ECLI:EU:C:2020:857

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 04 November 2022; Ref: scu.660618

YKK And Others v Commission: ECFI 27 Jun 2012

ECFI Competition – Agreements, decisions and concerted practices – Markets for zip fasteners and ‘other fasteners’, and for attaching machines – Decision finding an infringement of Article 81 EC – Coordinated price increases, fixing of minimum prices, customer-sharing, market-sharing and exchange of other commercial information – Single and continuous infringement – Evidence – Nature and implementation of the infringement – Real impact – Leniency Notice – Fines – Upper limit – Dissuasive effect of the fine – Equal treatment – Proportionality)

Citations:

T-448/07, [2012] EUECJ T-448/07

Links:

Bailii

European, Commercial

Updated: 03 November 2022; Ref: scu.461738

Berning and Sohne v Commission: ECFI 27 Jun 2012

ECFI Competition – Cartels – Markets zippers and other types of closure ‘and attaching machines – Decision finding an infringement of Article 81 EC – coordinated price increases, minimum prices, customer sharing and exchange markets and other commercial information – Proof-Rights of defense – Single and continuous infringement – Prescription – Fines – Duration and severity of the infringement – Attenuating circumstances – Equal treatment – Proportionality

Judges:

Czucz P

Citations:

T-445/07, [2012] EUECJ T-445/07

Links:

Bailii

European, Commercial

Updated: 03 November 2022; Ref: scu.461733

International Skating Union v Commission (Competition – Speed Skating Events – Judgment): ECFI 16 Dec 2020

Competition – Association of undertakings – Speed skating events – Decision finding an infringement of Article 101 TFEU – Regulations of a sports federation – Balance between competition law and the specific nature of the sport – Sports betting – Court of Arbitration for Sport – Guidelines on the calculation of fines – Scope of territorial application of Article 101 TFEU – Restriction of competition by object – Corrective measures

Citations:

ECLI:EU:T:2020:610, T-93/18, [2020] EUECJ T-93/18

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 01 November 2022; Ref: scu.660736

Network Rail Infrastructure Ltd v Achilles Information Ltd: CA 5 Mar 2020

Important issues about the scope of competition law where the conduct complained of affects those who are not in a direct contractual relationship with the alleged perpetrator of the anti-competitive conduct. It is concerned with the schemes operated by or on behalf of the Appellant, Network Rail Infrastructure Limited (‘Network Rail’), which impose rules upon individuals or companies which wish to work upon Network Rail’s managed mainline railway infrastructure.

Citations:

[2020] EWCA Civ 323

Links:

Bailii

Jurisdiction:

England and Wales

Commercial

Updated: 01 November 2022; Ref: scu.648569

Auto 24 v Jaguar Land Rover France SAS: ECJ 14 Jun 2012

ECJ Competition – Article 101 TFEU – Motor vehicle sector – Regulation (EC) No 1400/2002 – Block exemption – Selective distribution system – Concept of ‘specified criteria’ concerning a quantitative selective distribution system – Refusal to grant authorisation as a distributor of new motor vehicles – Lack of precise, objective, proportionate and non-discriminatory quantitative selection criteria

Judges:

Cunha Rodrigues, P

Citations:

C-158/11, [2012] EUECJ C-158/11, [2012] WLR(D) 175

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 01 November 2022; Ref: scu.460557

VBV – Vorsorgekasse: ECJ 7 Jun 2012

ECJ Free movement of capital – Articles 63 TFEU and 65 TFEU – Severance funds – Investment of assets – Investment funds established in another Member State – Investment in such funds permitted only when they are authorised to market their units within the national territory

Judges:

Lenaerts J

Citations:

C-39/11, [2012] EUECJ C-39/11

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 01 November 2022; Ref: scu.460221

Imperial Chemical Industries v Commission: ECFI 5 Jun 2012

ECFI Competition – Agreements, decisions and concerted practices – Methacrylates market – Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement – Participation in a part of the cartel – Rights of the defence – Fines – Obligation to state the reasons on which the decision is based – Gravity of the infringement – Deterrent effect – Equal treatment – Proportionality – Principle of sound administration – Cooperation during the administrative procedure – Duration of procedure – Reasonable time

Judges:

Czucz P

Citations:

T-214/06, [2012] EUECJ T-214/06

Links:

Bailii

European, Commercial

Updated: 01 November 2022; Ref: scu.460218

Attheraces Ltd and Another v The British Horseracing Board Ltd and Another: CA 2 Feb 2007

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 on the information
Held: The appeal was upheld. ‘unfairness in pricing is to be assessed by reference to the relationship between price and the economic value of the relevant product . . the test is whether the price is excessive because it has no reasonable relation to the economic value of the product supplied. ‘The main aim of Article 82 of the Treaty is the protection of consumers . . not of business competitors . . even if it is the competitors and not the consumers who are alleging abuse of dominant position. No principle of law suggests that differential pricing by a monopoly supplier, even if duplicitously conducted, amounts by itself to an abuse of its market position. ATR did not establish that BHB abused its market dominance by specifying excessive, unfair or discriminatory prices or by unreasonably threatening to terminate the supply of pre-race data to ATR. The the judge erred in holding that the economic value of the pre-race data was its competitive price based on cost +. This method of ascertaining the economic value of this product is too narrow in that it does not take account, or sufficient account, of the value of the pre-race data to ATR and in that it ties the costs allowable in cost+ too closely to the costs of producing the pre-race data.

Judges:

Mummery LJ, Sedley LJ, Lloyd LJ

Citations:

[2007] EWCA Civ 38, [2007] UKCLR 309, [2007] BusLR D77

Links:

Bailii

Statutes:

Competition Act 1998 60, EC Treaty Art 82

Jurisdiction:

England and Wales

Citing:

Appeal from – Attheraces 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 . .
See Also – Attheraces Ltd and Another v The British Horseracing Board Ltd and Another ChD 15-Jul-2005
. .
Cited – The British Horseracing Board Ltd and Others v William Hill Organization Ltd ECJ 9-Nov-2004
bhb_whECJ2004
The claimant sought to prevent re-use by the defendant of information from its horse racing subscription service. They claimed that they had a database right in the information. It cost andpound;4m per year to assemble.
Held: The expression . .
Cited – British Horseracing Board Ltd and Another v William Hill Organization Ltd CA 13-Jul-2005
The Court allowed William Hill’s appeal, holding that BHB had not established that the ECJ had given its earlier ruling on the basis of an erroneous assumption of fact and that the result of applying the ruling was that BHB’s Database did not fall . .
Cited – United Brands Company and United Brands Continentaal BV v Commission of the European Communities ECJ 14-Feb-1978
Europa The opportunities for competition under article 86 of the treaty must be considered having regard to the particular features of the product in question and with reference to a clearly defined geographic . .
Cited – Racecourse Association and others v Office of Fair Trading CAT 2-Aug-2005
. .
Cited – Aberdeen Journals Limited v Office of Fair Trading (No 2) CAT 2002
Sir Christopher Bellamy said: ‘. . the question whether a certain pricing practice by a dominant undertaking is to be regarded as abusive for the purposes of Chapter II is a matter to be looked at in the round, taking particularly into account (i) . .
Cited – Oscar Bronner v Mediaprint (Judgment) ECJ 26-Nov-1998
A major newspaper proprietor had refused to allow a small competitor access to its efficient distribution service.
Held: That amounted to an abuse of a dominant position: ‘First, it is apparent that the right to choose one’s trading partners . .
Cited – Sirena SRL v Eda SRL And Others ECJ 18-Feb-1971
ECJ The rights recognized by the legislation of a member state on the subject of industrial and commercial property are not affected, so far as their existence is concerned, by article 85 and 86 of the treaty. . .
Cited – BHB Enterprises Plc v Victor Chandler (International) Ltd ChD 27-May-2005
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 . .
Cited – Napp Pharmaceutical Holdings Limited and Subsidiaries v Director General of Fair Trading CAT 22-May-2001
Judgment on request for interim relief.
In principle, prices are excessive if they ‘are higher than would be expected in a competitive market’ and ‘there is no effective competitive pressure to bring them down to competitive levels, nor is . .

Cited by:

Cited – Humber Oil Terminals Trustee Ltd v Associated British Ports ChD 24-Feb-2011
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 . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Commercial

Updated: 31 October 2022; Ref: scu.248343

T-Mobile Netherlands and Others: ECJ 4 Jun 2009

ECJ Reference for a preliminary ruling Article 81(1) EC Concept of ‘concerted practice’ Causal connection between concerted action and the market conduct of undertakings Appraisal in accordance with the rules of national law Whether a single meeting is sufficient or whether concerted action on a regular basis over a long period is necessary

Citations:

[2009] 5 CMLR 11, C-8/08, [2009] EUECJ C-8/08

Links:

Bailii

Citing:

Opinion – T-Mobile Netherlands and Others ECJ 19-Feb-2009
Europa Competition Article 81(1) EC Concerted practices Practice having the object of prevention, restriction or distortion of competition Criteria for assessing the object of a practice Only an isolated . .
Lists of cited by and citing cases may be incomplete.

European, Commercial

Updated: 31 October 2022; Ref: scu.459853

Legris Industries v Commission: ECJ 3 May 2012

ECJ Appeal – Competition – Agreements – Sector copper fittings and copper alloy – Commission Decision finding an infringement of Article 81 EC – Fines – parent and subsidiary companies – Liability for the infringement

Judges:

K. Lenaerts, P

Citations:

C-289/11, [2012] EUECJ C-289/11 – P, [2012] EUECJ C-289/11

Links:

Bailii, Bailii

European, Commercial

Updated: 28 October 2022; Ref: scu.459576

Ryanair Holdings Plc v The Office of Fair Trading and Another: CA 22 May 2012

Where there are possibly competing decisions of a court of a member state and of the European Courts the duty of co-operation goes beyond avoiding inconsistent decisions, extending to the exercise of overlapping jurisdictions.

Judges:

Chancellor, Hughes, MacFarlane LJJ

Citations:

[2012] EWCA Civ 643

Links:

Bailii

Statutes:

EC Merger Regulation 139/2004, Enterprise Act 2002

Jurisdiction:

England and Wales

Cited by:

Cited – Television Autonomica Valenciana, Sa v Imagina Contenidos Audiovisuales, Sl ChD 8-Feb-2013
The defendant sought a stay of these proceedings pending the outcome of related proceedings in Spain. The claimant sought a declaration that a contract was terminated and damages for such breach. The Spanish proceedings were first in time.
Lists of cited by and citing cases may be incomplete.

European, Company, Commercial

Updated: 28 October 2022; Ref: scu.459542

Manfredi v Lloyd Adriatico Assicurazioni SpA; Antonio Cannito v Fondiaria Sai SpA, Nicolo Tricarico; Pasqualina Murgolo v Assitalia SpA C-298/04: ECJ 13 Jul 2006

ECJ Article 81 EC- Competition – Agreements, decisions and concerted practices – Accidents caused by motor vehicles, vessels and mopeds – Compulsory civil liability insurance – Increase in premiums – Effect on trade between Member States – Right of third parties to claim compensation for harm suffered – National courts and tribunals having jurisdiction – Limitation period – Punitive damages.

Citations:

C-298/04, [2006] EUECJ C-298/04, C-296/04, C-297/04

Links:

Bailii

Jurisdiction:

European

Cited by:

See Also – Manfredi v Lloyd Adriatico Assicurazioni SpA; Antonio Cannito v Fondiaria Sai SpA, Nicolo Tricarico; Pasqualina Murgolo v Assitalia SpA C-297/04 ECJ 13-Jul-2006
Europa Article 81 EC- Competition – Agreements, decisions and concerted practices – Accidents caused by motor vehicles, vessels and mopeds – Compulsory civil liability insurance – Increase in premiums – Effect on . .
See Also – Manfredi v Lloyd Adriatico Assicurazioni SpA; Antonio Cannito v Fondiaria Sai SpA, Nicolo Tricarico; Pasqualina Murgolo v Assitalia SpA C-295/04 ECJ 13-Jul-2006
ECJ Article 81 EC- Competition – Agreements, decisions and concerted practices – Accidents caused by motor vehicles, vessels and mopeds – Compulsory civil liability insurance – Increase in premiums – Effect on . .
Lists of cited by and citing cases may be incomplete.

Commercial, Damages

Updated: 27 October 2022; Ref: scu.243111

MD Foods v Baines and others: CA 1996

The parties agreed to buy and sell milk but not to each others customers. The agreement was a restricve trade parctice and was void for not having been registered.

Judges:

Stuart-Smith, Hirst and Schiemann L.JJ

Citations:

[1996] ICR 183

Jurisdiction:

England and Wales

Citing:

Appeal from – MD Foods v Baines and others ChD 1995
An agreement between a dairy and a milk roundsman under which the agreed not to sell milk to each others clients was not registerable as a restrictive trade practice. . .

Cited by:

Appeal from – MD 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: 27 October 2022; Ref: scu.197746

Zhejiang Jiuli Hi-Tech Metals v Commission (Dumping – Imports of Certain Seamless Pipes and Tubes of Stainless Steel Originating In China – Judgment): ECFI 15 Oct 2020

Dumping – Imports of certain seamless pipes and tubes of stainless steel originating in China – Imposition of a definitive anti-dumping duty – Rights of the defence – Calculation of the dumping margin – Analogue country – Injury – Causal link)

Citations:

T-307/18, [2020] EUECJ T-307/18, ECLI:EU:T:2020:487

Links:

Bailii

Jurisdiction:

European

Commercial, Customs and Excise

Updated: 27 October 2022; Ref: scu.660635

Regina v Monopolies and Mergers Commission ex parte National House Building Council: CA 20 Jan 1994

There must be established a causal link between an alleged monopolistic practice and the resulting action, before the one can be attributed to the other under the Act.

Citations:

Times 25-Jan-1994, Independent 20-Jan-1994

Statutes:

Fair Trading Act 1973 48(d)

Jurisdiction:

England and Wales

Consumer, Commercial

Updated: 26 October 2022; Ref: scu.87375

In Re Supply of Ready Mixed Concrete (No 2): CA 8 Jul 1993

An employer was not liable for its employee’s action in contempt of court against the company’s clear instructions with regard to anti-competitive agreements.

Citations:

Times 08-Jul-1993, Independent 14-Jul-1993

Jurisdiction:

England and Wales

Citing:

See Also – Director General of Fair Trading v Smiths Concrete: re Supply of Ready Mixed Concrete 1992
For a person to be found in contempt of a court order it is necessary to show that that he knew of the relevant order and with that knowledge he intended to do the act which amounted to a breach of the court order. It is not necessary to show that . .

Cited by:

Appeal from – Director General of Fair Trading v Pioneer Concrete (UK) Ltd, sub nom Supply of Ready Mixed Concrete (No 2) HL 25-Nov-1994
The actions of company employees, acting in the course of their employment and in contempt may put the company employer in contempt also, and even though the company may have given explicit instructions that no infringing agreement should be entered . .
Lists of cited by and citing cases may be incomplete.

Company, Contempt of Court, Commercial

Updated: 26 October 2022; Ref: scu.82208

WWF – World Wide Fund for Nature (Formerly World Wildlife Fund); World Wildlife Fund Inc v World Wrestling Federation Entertainment Inc: CA 27 Feb 2002

The claimant sought enforcement of a contract restricting the use by the appellant defendant of the initials ‘WWF’ in their trading. The agreement had been reached in settlement of an action for breach of the claimant’s trade mark rights. The claimant was particularly concerned as to the injurious association with the respondent, and its use of the mark on the Internet.
Held: The scratch logo used by the federation was a clear breach. They had not seriously sought to argue that they were not in breach of the agreement. The protection of the intellectual property rights of one business inevitably implies some restriction on the rights of others with potentially conflicting interests. There was no undue interference in the freedom of the defendant to trade. The breaches were clear, and the agreement was to be upheld. Appeal against summary judgement dismissed.

Judges:

Lord Phillips M.R., Lord Justice Judge, Lord Justice Carnwath

Citations:

Times 12-Mar-2002, Gazette 11-Apr-2002, [2002] EWCA Civ 196

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3) HL 22-Mar-2001
Misfeasance in Public Office – Recklessness
The bank sought to strike out the claim alleging misfeasance in public office in having failed to regulate the failed bank, BCCI.
Held: Misfeasance in public office might occur not only when a company officer acted to injure a party, but also . .
Appeal from – WWF -World Wide Fund for Nature (Formerly World Wildlife Fund), World Wildlife Fund Inc v World Wrestling Federation Entertainment Inc ChD 1-Oct-2001
The Fund sought summary relief against the use of the sign ‘WWF’ by the defendants, in breach of a contract. The defendants urged that the contract operated in restraint of trade. There had been long running and widespread trade mark disputes, . .

Cited by:

See Also – World Wide Fund for Nature (Formerly World Wildlife Fund), World Wildlife Fund Incorporated v World Wrestling Federation Entertainment Incorporated – Intervener Jakks Pacific Llc CA 27-Mar-2003
. .
See Also – WWF-World Wide Fund for Nature and Another v World Wrestling Federation Entertainment Inc ChD 16-Feb-2006
. .
See Also – WWF (World Wide Fund for Nature) and Another v World Wrestling Federation Entertainment Inc CA 2-Apr-2007
The parties had disputed use of the initals WWF, with a compromise reached in 1994 allowing primary use by the Fund with restricted use by the Federation. The Federation now appealed an award of damages made after a finding of a breach of the . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Contract, Commercial

Updated: 25 October 2022; Ref: scu.167702

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

The Authority had obtained and executed a search warrant against the defendant’s premises, but now sought to restrain disclosure of the materials upon which it had obtained that warrant, asserting Public Interest Immunity.
Held: An application to vary or revoke the warrant must be at an inter partes rehearing. At that rehearing eh court must rely only upon evidence disclosed to the other side, save that the authority would have liberty to submit an affidavit setting out the gist of any material redacted on public interest immunity grounds before determination of the application.
Marcus Smith J: ‘(i) rejected a submission that, if the CMA was to be permitted to resist the challenge, it must disclose the full material;
(ii) considered that the Supreme Court’s judgment in Al Rawi precluded a ‘closed material procedure’, whereby the material withheld could be seen by the court, but not by Concordia;
(iii) rejected the CMA’s case that some form of confidentiality ring could be established, to allow disclosure to Concordia’s counsel, without disclosure to Concordia; and
(iv) in these circumstances held that ‘Concordia’s application to vary or partially revoke the warrant must be determined on the basis of such material as is not protected by public interest immunity’

Judges:

Marcus Smith J

Citations:

[2017] EWHC 2911 (Ch), [2018] Bus LR 367, [2017] WLR(D) 772

Links:

Bailii, WLRD

Statutes:

Competition Act 1998 281(1), Enterprise and Regulatory Reform Act 2013, Competition Act 1998 and Other Enactments (Amendment) Regulations 2004

Jurisdiction:

England and Wales

Cited by:

Appeal from – The Competition and Markets Authority (CMA) v Concordia International Rx (UK) Ltd CA 7-Aug-2018
The Authority had obtained a search warrant on an ex parte application. The defendant sought a rehearing, but the Authority sought to rely upon material for which it now asserted public interest immunity in material already used. At first instance, . .
See Also – The Competition and Markets Authority v Concordia International Rx (UK) Ltd ChD 8-Nov-2018
Whether to appoint special advocate. The Authority wished to pursue an investigation relying upon material for which it asserted Public Interest Immunity. . .
See Also – The Competition and Markets Authority (CMA) v Concordia International Rx (UK) Ltd ChD 12-Dec-2018
Challenge to search warrants issued under the 1998 Act. . .
See Also – The Competition and Markets Authority v Concordia International Rx (UK) Ltd ChD 16-Jan-2019
Application to vary search warrant.
Held: Refused. . .
Cited – Haralambous, Regina (on The Application of) v Crown Court at St Albans and Another SC 24-Jan-2018
The appellant challenged by review the use of closed material first in the issue of a search warrant, and subsequently to justify the retention of materials removed during the search.
Held: The appeal failed. No express statutory justification . .
Lists of cited by and citing cases may be incomplete.

Commercial, Litigation Practice

Updated: 25 October 2022; Ref: scu.599632

Courage Ltd v Crehan: CA 12 Nov 2001

Citations:

[2001] EWCA Civ 1930

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Courage Limited v Crehan ChD 25-Nov-1998
. .
See Also – 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. . .
See Also – Courage 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 . .

Cited by:

See Also – Crehan v Inntrepreneur Pub Company (Cpc), Brewman Group Limited ChD 26-Jun-2003
The landlord had signed agreements tieing him to sales of beers. After falling into debt, he challnged the prices he had been obliged to pay as contravening the Treaty. The European Court had held that there was a possible claim under the Treaty. . .
See Also – Crehan 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 Also – Inntrepreneur 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: . .
Lists of cited by and citing cases may be incomplete.

European, Commercial

Updated: 24 October 2022; Ref: scu.201482

Europese Gemeenschap v Otis Nv: ECJ 6 Nov 2012

ECJ Representation of the European Union before national courts – Articles 282 EC and 335 TFEU – Claim for damages in respect of loss caused to the European Union by a cartel – Article 47 of the Charter of Fundamental Rights of the European Union – Right to fair hearing – Right of access to a tribunal – Equality of arms – Article 16 of Regulation No 1/2003

Judges:

V Skouris, P

Citations:

C-199/11, [2012] EUECJ C-199/11, [2013] 4 CMLR 141

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – Deutsche Bahn Ag and Others v Morgan Advanced Materials Plc SC 9-Apr-2014
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 . .
Lists of cited by and citing cases may be incomplete.

European, Commercial, Human Rights

Updated: 24 October 2022; Ref: scu.465600

Levi Strauss and Co and Another v Tesco Stores Ltd and Others: ChD 31 Jul 2002

Pumfrey J discussed the principle of European law disallowing so called grey imports in breach of trade mark law, as set out in EMI v CBS, and said that it: ‘could hardly be clearer. It has formed, with the principle of exhaustion, the basis for the application of the principles of free movement in the context of trade marks and other intellectual property rights.’

Judges:

Pumfrey J

Citations:

[2002] 3 CMLR 11, [2002] ETMR 95, [2002] Eu LR 610, [2003] RPC 18, [2002] EWHC 1625 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – EMI Records v CBS United Kingdom ECJ 15-Jun-1976
ECJ Neither the rules of the Treaty on the free movement of goods nor those on the putting into free circulation of products coming from third countries nor, finally, the principles governing the common . .

Cited by:

Approved – Oracle America Inc v M-Tech Data Ltd SC 27-Jun-2012
The appellant complained that the respondent had imported into the European Economic Area disk drives bearing its trade marks in breach of the appellant’s rights. The respondent had argued that the appellant had abused its position by withholding . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, European, Commercial

Updated: 21 October 2022; Ref: scu.346767

Vag France Sa v Etablissements Magne Sa: ECJ 18 Dec 1986

ECJ 1. Competition – agreements, decisions and concerted practices -agreements between undertakings – automatic nullity – effects on those parts of the agreement which are not incompatible with article 85 (1) – matter for the national court to decide – application of national law (EEC treaty, art. 85 (1) and (2)) 2. Competition – agreements, decisions and concerted practices -prohibition – exemption by categories – regulation no 123/85 – purpose and scope (EEC treaty, art. 85 (1) to (3); commission regulation no 123/85). 1. The consequences of the fact that those contractual provisions which are incompatible with article 85 (1) of the EEC treaty are automatically void for all other parts of the agreement or for other obligations flowing from it are not a matter for community law. It is for the national court to determine in accordance with the relevant national law the extent and consequences of the nullity of certain contractual provisions by virtue of article 85 (2). 2. Commission regulation no 123/85 on the application of article 85 (3) of the EEC treaty to certain categories of motor vehicle distribution and servicing agreements does not lay down any mandatory provisions directly affecting the validity or the content of contractual provisions or oblige the contracting parties to adapt the contents of their agreement but merely lays down conditions which, if they are satisfied, exclude certain contractual provisions from the prohibition and consequently from the automatic nullity provided for in article 85 (1) of the EEC treaty.

Citations:

C-10/86, R-10/86, [1986] EUECJ R-10/86

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 17 October 2022; Ref: scu.215477

Changmao Biochemical Engineering v Distillerie Bonollo and Others (Dumping – Imports of Tartaric Acid Originating In China – Judgment): ECJ 3 Dec 2020

Appeal – Dumping – Imports of tartaric acid originating in China – Appeal brought by an intervener at first instance – Second sentence of the second paragraph of Article 56 of the Statute of the Court of Justice of the European Union – Partial interim review – Loss of market economy treatment during the review procedure – Modification of the definitive anti-dumping duty – Determination of the normal value – Article 11(9) of Regulation (EC) No 1225/2009 – Cross-appeal – Action for annulment brought by competing producers established in the European Union – Admissibility – Direct concern – Allocation of powers to comply with a judgment

Citations:

ECLI:EU:C:2020:979, C-461/18, [2020] EUECJ C-461/18P

Links:

Bailii

Jurisdiction:

European

Customs and Excise, Commercial

Updated: 17 October 2022; Ref: scu.660704

Trelleborg Industrie Sas v European Commission: ECFI 17 May 2013

ECFI Competition – Agreements, decisions and concerted practices – European market for marine hoses – Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement – Price-fixing, market-sharing and the exchange of commercially sensitive information – Concept of continuing or repeated infringement – Limitation period – Legal certainty – Equal treatment – Fines – Gravity and duration of the infringement)

Judges:

J. Azizi, P

Citations:

T-147/09, [2013] EUECJ T-147/09

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 13 October 2022; Ref: scu.509333

Parker Itr Srl v European Commission: ECJ 17 May 2013

ECJ Competition – Agreements, decisions and concerted practices – European market for marine hoses – Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement – Price-fixing, market-sharing and the exchange of commercially sensitive information – Attributability of unlawful conduct – Fines – 2006 Guidelines on the method of setting fines – Legal certainty – Ceiling of 10% – Mitigating circumstances – Cooperation

Judges:

J. Azizi, P

Citations:

T-146/09, [2013] EUECJ T-146/09, [2016] EUECJ T-146/09

Links:

Bailii, Bailii

Jurisdiction:

European

Commercial

Updated: 13 October 2022; Ref: scu.509332

Consorzio per la tutela del formaggio Gorgonzola v Kaserei Champignon Hofmeister GmbH and Co KG: ECJ 4 Mar 1999

Upon the registration of a PDO (‘protected designation of origin’) national rules ceased to apply and ‘only the legal rules laid down in the Regulation are, together with the Treaty rules, relevant for the purpose of answering the questions referred about the scope of the protection of the PDO. The protection of the PDO is now guaranteed by Community law.

Citations:

C-87/97, [1999] ECR I-1301

Jurisdiction:

European

Cited by:

Cited – Consorzio 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.

European, Commercial, Intellectual Property

Updated: 11 October 2022; Ref: scu.162066

Foshan Shunde Yongjian Housewares and Hardware v Council: ECFI 29 Jan 2008

ECJ (Commercial Policy) Dumping Imports of ironing boards originating in the People’s Republic of China and in Ukraine Market economy enterprise status Rights of defense Article 2 (7) (c) and Article 20 (5) of the Regulation (EC) No 384/96

Citations:

T-206/07, [2008] EUECJ T-206/07

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 06 October 2022; Ref: scu.264049

Imi and Others v Commission (Competition): ECFI 19 May 2010

ECJ Competition Agreements, decisions and concerted practices Copper plumbing tubes sector Decision finding an infringement of Article 81 EC Continuous and multiform infringement Interruption of participation Fines Limited participation in the cartel.

Citations:

T-18/05, [2010] EUECJ T-18/05

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 05 October 2022; Ref: scu.416429

FL Smidth v Commission: ECFI 6 Mar 2012

ECFI Competition – Agreements, decisions and concerted practices – Plastic industrial bags sector – Decision finding an infringement of Article 81 EC – Imputability of the unlawful conduct – Duration of the infringement – Fines – Gravity of the infringement – Mitigating circumstances – Cooperation during the administrative procedure – Proportionality – Joint and several liability

Judges:

Pelikanova P

Citations:

T-65/06, [2012] EUECJ T-65/06

Links:

Bailii

European, Commercial

Updated: 05 October 2022; Ref: scu.452121