The claimant council alleged that the defendant had acted to abuse its dominant market position in the provision of bus services in the city.
Held: It was for the claimant to show that the defendant had a dominant position. It had not done so, and was mistaken in confining their analysis to the bus market. The claim failed.
Judges:
Rimer J
Citations:
[2007] EWHC 1373 (Ch)
Links:
Statutes:
Competition Act 1998 18, Transport Act 1985
Jurisdiction:
England and Wales
Citing:
Cited – In re H and R (Minors) (Child Sexual Abuse: Standard of Proof) HL 14-Dec-1995
Evidence allowed – Care Application after Abuse
Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still . .
Cited – Hoffmann-La Roche v Commission ECJ 13-Feb-1979
ECJ Observance of the right to be heard is required in all proceedings in which sanctions, in particular fines or penalty payments, may be imposed as a fundamental principle of community law. It must be respected . .
Cited – AKZO Chemie BV v Commission of the European Communities ECJ 3-Jul-1991
Europa Regard for the rights of the defence requires that the undertaking concerned shall have been enabled to make known effectively its point of view on the documents relied upon by the Commission in making the . .
Cited – Yeheskel Arkin v Borchard Lines Ltd ComC 11-Nov-1999
A claimant in an action for damages for breaches of Articles 85, 86 of Rome Treaty, who had previously complained of such breaches to the European Commission but failed to complain of matters subsequently, attempted to raise in an action is . .
Cited – Toth v Jarman CA 19-Jul-2006
The claimant appealed dismissal of his claim for damages for nervous shock, associated with the alleged negligence of the defendant doctor in treating his son. It was said that the medical expert had not disclosed a conflict of interest.
Held: . .
Cited – Napp Pharmaceutical Holdings Limited and Subsidiaries v Director General of Fair Trading CAT 26-Mar-2002
Judgment regarding reasons for refusing permission to appeal – dismissed with costs. . .
Cited – Ineos Vinyls Ltd and Others v Huntsman Petrochemicals (UK) Ltd ChD 26-May-2006
. .
Cited – AN, Regina (on the Application of) v Mental Health Review Tribunal (Northern Region) and others CA 21-Dec-2005
The appellant was detained under section 37 of the 1983 Act as a mental patient with a restriction under section 41. He sought his release.
Held: The standard of proof in such applications remained the balance of probabilities, but that . .
Cited – Arkin v Borchard Lines Ltd and others ComC 10-Apr-2003
The Claimant sought damages for breach of the Rome Treaty Articles 82 and 81. His shipping company had faced organised anti-competitive attempts by the respondents to put him out of business.
Held: A cause of action for breach of a statutory . .
Lists of cited by and citing cases may be incomplete.
Commercial
Updated: 06 July 2022; Ref: scu.253462