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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Commercial - From: 2002 To: 2002

This page lists 40 cases, and was prepared on 20 May 2019.

 
CGU v Szabo [2002] 1 All ER Com 83
2002


Commercial

1 Citers


 
Aberdeen Journals Limited v Office of Fair Trading (No 2) [2002] CAT 11
2002
CAT
Sir Christopher Bellamy
Commercial
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) whether the dominant undertaking has had 'recourse to methods different from those which condition normal competition in products or services on the basis of the transactions of commercial operators . .' and (ii) whether such conduct has the effect of weakening or distorting competition in the relevant market, having regard to the special responsibility of a dominant firm not to impair genuine undistorted competition."
1 Cites

1 Citers

[ Bailii ]
 
Napp Pharmaceutical Holdings Ltd and others v Office of Communications [2002] CAT 1
15 Jan 2002
CAT

Commercial

[ Bailii ]
 
Napp Pharmaceutical Holdings Limited and Subsidiaries v Director General of Fair Trading [2002] CAT 1; 1001/1/1/01
16 Jan 2002
CAT

Commercial

1 Cites

1 Citers

[ CAT ] - [ CAT ]
 
Institute of Independent Insurance Brokers v Director General of Fair Trading [2002] CAT 2; 1003/2/1/01
29 Jan 2002
CAT

Commercial
Judgment on costs.
[ CAT ]
 
NAPP Pharmaceutical Holdings Limited and Subsidiaries v Director General of Fair Trading [2002] CAT 3; 1001/1/1/01
6 Feb 2002
CAT

Commercial
Judgment on interest and costs.
1 Cites

1 Citers

[ CAT ]
 
Coral Group Trading Plc v Hilton Group Plc (Formerly Ladbroke Group Plc) [2002] EWCA Civ 176
21 Feb 2002
CA
The Vice-Chancellor, Lord Justice Rober Walker, Lord Justice Rix
Commercial, Company
Three companies had been party to a joint venture agreement for the provision of Tote Direct, an off-course opportunity for Tote betting. One company sold its businesses to another, reducing the participants to two, and the Monopolies and Mergers Commission required the betting part to be sold within six months. Equality of interests had not been maintained in the company's loan capital, which led to a request to the court to determine the interests. The company appealed a finding that the interest to be disposed of included promissory notes. The MMC decision explicitly included the notes. Held: The word 'interest' in this context was wider than the shareholdings. The appeal was allowed. The court specified the interests to be divested, and the 'equivalent' interests for which reasonable endeavours were to be applied to acquire.
[ Bailii ]
 
WWF - World Wide Fund for Nature (Formerly World Wildlife Fund); World Wildlife Fund Inc v World Wrestling Federation Entertainment Inc Times, 12 March 2002; Gazette, 11 April 2002; [2002] EWCA Civ 196
27 Feb 2002
CA
Lord Phillips M.R., Lord Justice Judge, Lord Justice Carnwath
Intellectual Property, Contract, Commercial
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.
1 Cites

1 Citers

[ Bailii ]
 
SIDE v Commission T-155/98; [2002] EUECJ T-155/98
28 Feb 2002
ECFI

Commercial
ECFI In order to establish whether, in the course of assessing whether an export aid in the book sector may be regarded as compatible with the common market, competition is affected to an extent that is contrary to the common interest for the purposes of Article 92(3)(d)of the Treaty (now, after amendment, Article 87(3)(d)EC), it is necessary to define the market on which the aid takes effect. So far as concerns the material definition of the market, in order to be considered the subject of a sufficiently distinct market, it must be possible to distinguish the service or the good in question by virtue of particular characteristics that so differentiate it from other services or other goods that it is only to a small degree interchangeable with those alternatives and affected by competition from them. In that context, the degree of interchangeability between products or services must be assessed in terms of their objective characteristics, as well as the structure of supply and demand on the market, and competitive conditions.
The Commission must examine the effects of a State aid on competition and trade between the other operators carrying on the same activity as that for which the aid was granted, so as to carry out an assessment of the true impact of such an aid on competition. Unless it carries out such an assessment, the Commission commits a manifest error of assessment as regards the definition of the market.
[ Bailii ]
 
BSC Footwear Supplies and others v Council T-598/97; [2002] EUECJ T-598/97
28 Feb 2002
ECFI

European, Commercial
ECFI Although participation by an undertaking in an anti-dumping proceeding may be taken into account, amongst other factors, in order to establish whether that undertaking is individually concerned, within the meaning of the fourth paragraph of Article 173 EC (now, after amendment, the fourth paragraph of Article 230 EC), by the regulation introducing anti-dumping duties adopted at the conclusion of that proceeding, if there are no other factors giving rise to a particular situation which distinguishes that undertaking from all other traders, with respect to the measure in question, such participation does not, of itself, give rise to a right enabling the undertaking to bring a direct action against that regulation. For that purpose, the mere fact that a number of the applicant undertakings were specifically named in the contested regulation cannot lead to a different conclusion.
[ Bailii ]
 
Aberdeen Journals Limited v Director General of Fair Trading [2002] CAT 4; 1005/1/1/01
19 Mar 2002
CAT

Commercial
A decision of the Director General was set aside and the matter remitted to the DGFT, with a direction that a new notice under the then relevant rules be issued within 2 months.
1 Cites

1 Citers

[ CAT ] - [ CAT ]
 
Joynson v Commission T-231/99; [2002] ECR II - 2085; [2002] EUECJ T-231/99
21 Mar 2002
ECFI

European, Commercial
A pub lessee applied to annul the Commission's decision to grant individual exemption to Bass. Held: The Bass leases did not fall within the Block Exemption because the exclusive purchasing obligation was by type, not by brand. However such a clause constituted a more effective way of implementing the exclusive purchasing arrangements for beer in the United Kingdom and made it possible to preserve access to the market better than the tie by brand. The principal ground for excluding beer supply agreements containing a specification of the purchasing obligation by type of beer from benefiting from the Block Exemption thus required, in the present case, recourse to that clause. "It follows that the Bass standard leases fail to comply with the conditions of [the Block Exemption] solely because of a purely technical matter which does not, however, prevent those agreements from complying with the spirit of that regulation. In those circumstances the Commission was right to refer, in the context of the examination of the possibility of granting an individual exemption, to the framework of analysis provided by the regulation."
1 Citers

[ Bailii ]
 
BetterCare Group Limited v Director General of Fair Trading [2002] CAT 6; 1006/2/1/01
26 Mar 2002
CAT

Commercial
Judgment on admissibility.
[ CAT ]
 
Napp Pharmaceutical Holdings Limited and Subsidiaries v Director General of Fair Trading [2002] CAT 5
26 Mar 2002
CAT

Commercial
Judgment regarding reasons for refusing permission to appeal.
1 Cites

1 Citers

[ CAT ]
 
Messer UK Ltd and Another v Britvic Soft Drinks Ltd and others Times, 22 May 2002; [2002] EWCA Civ 548
30 Apr 2002
CA
Tomlinson J
Contract, Commercial
The parties contracted for the supply of material to be used in the manufacture of drinks. The material was to be supplied according to a recognised British Standard. Held: The use of the British Standard of itself was not sufficient to imply any warranty of satisfactory quality or fitness for purpose upon which a purchaser could rely. Nevertheless, the manufacturer could not rely upon a term excluding liability for breach of warranty under the 1979 Act since this term was unreasonable under the 1977 Act.
Sale of Goods Act 1979 14 - Unfair Contract Terms Act 1977 3
1 Cites

1 Citers

[ Bailii ] - [ Bailii ]
 
Napp Pharmaceutical Holdings Ltd v Director General of Fair Trading Times, 26 June 2002; [2002] EWCA Civ 796
8 May 2002
CA
Lord Justice Brooke and Lord Justice Buxton
Commercial, Civil Procedure Rules
The applicant sought leave to appeal against a decision of the Competition Commission Appeals Tribunal. Held: Since the decision of the tribunal did not involve questions of law, it fell exactly within the Cooke case, and the court should be reluctant to review a tribunal practicing as expert in an area for which it had been given statutory responsibility, and in which the judges would have no experience. An application for leave should identify which law had been infringed, and where it could be found in European law, and the exact nature of the error alleged. The application should also comply with the Civil Procedure Rules and the Practice Direction.
Civil Procedure Rules 52.4 - Competition Act 1998 18
1 Cites

1 Citers

[ Bailii ]
 
Getmapping plc v Ordnance Survey Times, 25 June 2002; Gazette, 11 July 2002
31 May 2002
ChD
Laddie J
Commercial
The claimant sought an injunction to prevent the defendant using its overwhelming resources to enter into and take over the provision of computer based mapping services in the UK. Held: The proper issue was not the use or origin of the resources to be used by a dominant member of the market, save only when such resources had been acquired themselves through anti-competitive, or other wrongful behaviour. The use of such funds to support predatory pricing would not be allowed, but that was not alleged here. Injunction refused.
Competition Act 1998 18

 
Commission of the European Communities v French Republic C-483/99 [2002] EUECJ C-483/99
4 Jun 2002
ECJ

Commercial
Europa Failure by a Member State to fulfil its obligations - Articles 52 of the EC Treaty (now, after amendment, Article 43 EC) and 73b of the EC Treaty (now Article 56 EC) - Rights attaching to the 'golden share held by the French Republic in Société Nationale Elf-Aquitaine.
EC 56
1 Citers

[ Bailii ]
 
H J Banks and Co Ltd v Coal Authority and Another [2002] EWCA Civ 841
13 Jun 2002
CA

European, Commercial

1 Cites

1 Citers

[ Bailii ]
 
Intel Corporation v Via Technologies Inc and others [2002] EWHC 1159 (Ch)
14 Jun 2002
ChD
Mr Justice Lawrence Collins
Intellectual Property, Commercial, European
The claimant sought damages for patent infringement. The respondent asserted that the refusal to licence the patent amounted to an abuse of its dominant position. Complaint had also been brought in the US. Held: the licence offered by Intel would distort the market. The refusal to licence on other terms prevented other companies even getting a foothold in the market. However the refusal to licence an intellectual property is a right in the owner save when it is an abuse, and even then the defence is only available exceptionally. The defendant had not made out the conditions precedent. Summary judgement for the claimant.
EC Treaty 81(1) 82
1 Citers

[ Bailii ]

 
 Levi Strauss and Co and Another v Tesco Stores Ltd and Others; ChD 31-Jul-2002 - [2002] 3 CMLR 11; [2002] ETMR 95; [2002] Eu LR 610; [2003] RPC 18; [2002] EWHC 1625 (Ch)

 
 Levi Strauss and Co and Another v Tesco Stores Ltd and others; ChD 31-Jul-2002 - [2000] EWHC 1556 (Ch); [2002] ETMR 95
 
BetterCare Group Limited v Director General of Fair Trading [2002] CAT 7
1 Aug 2002
CAT

Commercial
Final judgment.
[ CAT ]
 
M6 v Commission T-299/00 [2002] EUECJ T-299/00
8 Oct 2002
ECJ

Media, Commercial
(Competition) - Decision granting exemption - Television rights - Eurovision system - Article 81(1) and (3) EC - Manifest error of assessment
[ Bailii ]
 
M6 v Commission T-300/00 [2002] EUECJ T-300/00
8 Oct 2002
ECJ

Media, Commercial
(Competition) - Decision granting exemption - Television rights - Eurovision system - Article 81(1) and (3) EC - Manifest error of assessment
[ Bailii ]
 
M6 v Commission T-216/00 [2002] EUECJ T-216/00
8 Oct 2002
ECJ

Commercial, Media
(Competition) - Decision granting exemption - Television rights - Eurovision system - Article 81(1) and (3) EC - Manifest error of assessment
[ Bailii ]
 
Limburgse Vinyl Maatschappij (LVM) and others vCommission (Judgment) C-238/99; [2002] EUECJ C-238/99P
15 Oct 2002
ECJ

European, Commercial, Limitation
Europa Appeal - Competition - Polyvinylchloride (PVC) - Article 85(1) of the EC Treaty (now Article 81(1) EC) - Annulment of a Commission decision - New decision - Documents predating the first decision - Res judicata - Principle of non bis in idem - Limitation - Reasonable period - Statement of reasons - Access to the file - Fair hearing - Professional secrecy - Self-incrimination - Private life - Fines.
[ Bailii ]
 
Glasgow City Council v Morrison Developments Limited [2002] ScotCS 274
16 Oct 2002
OHCS
Lord Eassie
Commercial

[ Bailii ] - [ Bailii ]
 
Roquette Freres SA v Directeur General de la Concurrence, de la Consommation et de la Repression des Fraude (Third Party, Commission of the European Communities) Times, 24 October 2002; C-94/00; [2002] EUECJ C-94/00
22 Oct 2002
ECJ

Commercial
The Commission suspected the applicant of anti-competitive practices, and sought permission and support in an enforced entry and seizure of the applicant's premises. The French court sought guidance as to the considerations involved. Held: The national court had a duty under European law to investigate the request to the extent of asking whether the proposed steps were arbitrary or disproportionate to the investigation proposed, but it could not investigate the justification of the measures sought beyond those issues.
[ Bailii ]
 
Aeroports de Paris v Commission and Alpha Flight Services C-82/01; [2002] EUECJ C-82/01P
24 Oct 2002
ECJ

European, Commercial
Europa Appeal - Competition - Air transport - Airport management - Abuse of dominant position - Discriminatory fees.
[ Bailii ]
 
Commission of the European Communities v United Kingdom of Great Britain and Northen Ireland, supported by the Kingdom of The Netherlands, Intervener Times, 08 November 2002; C-466/98; [2002] EUECJ C-466/98
5 Nov 2002
ECJ

Transport, European, Commercial
The defendant state had entered into agreements with the USA before entering the EU, which agreements regulated the rights of airplanes flying between the UK and America to land at British airports. The agreements were challenged by the Commission. Held: The EC Treaty provided that any such arrangement had to be abolished, insofar as it discriminated in favour of national airlines, and against those based in other member states. Such an arrangement could not be justified on public policy grounds.
Europa Failure by a Member State to fulfil its obligations - Conclusion and application by a Member State of a bilateral agreement with the United States of America - Agreement authorising the United States of America to revoke, suspend or limit the traffic rights of air carriers designated by the United Kingdom which are not owned by the latter or its nationals - Article 52 of the EC Treaty (now, after amendment, Article 43 EC).
[ Bailii ]
 
Freeserve.com PLC v Director General of Telecommunications 1007/2/3/02; [2002] CAT 8
11 Nov 2002
CAT

Commercial
Judgment on admissibility of application.
[ CAT ]
 
Freeserve.com PLC v Director General of Telecommunications [2002] CAT 9; 1007/2/3/02
13 Nov 2002
CAT

Commercial

[ CAT ]
 
Norwich and Peterborough Building Society, Regina (on the Application of) v Financial Ombudsman Service Ltd Times, 13 December 2002; [2002] EWHC 2379 (Admin)
14 Nov 2002
Admn

Financial Services, Consumer, Commercial
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.
Banking Code 1998
1 Cites

[ Bailii ]
 
Lagardere and Canal+ v Commission T-251/00; [2002] EUECJ T-251/00
20 Nov 2002
ECFI

Commercial
Competition - Action for annulment - Admissibility - Statement of reasons.
[ Bailii ]
 
Williams, Williams v Kiley T/A CK Supermarkets Limited Times, 05 December 2002; Gazette, 30 January 2003; [2002] EWCA Civ 1645
21 Nov 2002
CA
Simon Brown, Buxton, Carnwath LJJ
Landlord and Tenant, Commercial
Tenants in a shopping precinct sought to enforce restrictive covenants directly against other tenants. Held: The leases were in the same form, and covenants had been imposed to restrict the uses to avoid conflict. The scheme had the characteristics required of a letting scheme. It was not necessary to look beyond the leases themselves. The tenants were obliged to carry on particular trades, and were protected against competition from others wanting to pursue the same trade. There was no provision to allow the local authority landlord to vary these provisions, and together these established a scheme directly enforceable between the tenants. Restrictions on trade between more than two parties required notification to the competition authorities. The issue of whether mutual enforceability of restrictive covenants within shopping parades required registration remained to be addressed.
Law of Property Act 1925 84(12) - Restrictive Trade Practices Act 1976 - Competition Act 1998 2(4) Sch 13
1 Cites

1 Citers

[ Bailii ]
 
Artegodan v Commission T-74/00; [2002] EUECJ T-74/00; [2002] ECR 11-495
26 Nov 2002
ECFI

Health, Commercial, Arbitration
ECJ Medicinal products for human use - Community arbitration procedures - Withdrawal of marketing authorisations - Competence - Criteria for withdrawal - Anorectics: amfepramone, clobenzorex, fenproporex, norpseudoephedrine, phentermine - Directives 65/65/EEC and 75/319/EEC.
1 Cites

1 Citers

[ Bailii ]
 
Dranez Anstalt and Others v Hayek and Others Times, 03 December 2002
26 Nov 2002
CA
Woolf, LCJ, Brooke, Chadwick LJJ
Intellectual Property, Commercial
A company had bought another and, with it patents assigned to it by the inventor. In addition they obtained an agreement from the inventor not to compete, which agreement they now sought to enforce. Held: The inventor's appeal was upheld. The judge had failed properly to allow for the statutory context. Patents law set a balance of rights, granting a monopoly as a way of encouraging invention. It would be a wholly exceptional case where restraints on a person capable of making a real contribution to the development of science could be justified, and that monopoly right extended. Those restraints here, were unenforceable on the grounds of public policy.
Patents Act 1980 60 61

 
Regina v Secretary of State for Health ex parte British American Tobacco (Investments) Ltd and Imperial Tobacco Ltd Times, 13 December 2002; C-491/01; [2002] EUECJ C-491/01; ECLI:EU:C:2002:741; [2002] ECR I-11453
10 Dec 2002
ECJ
G.C. Rodriguez Iglesias, P
Commercial
The respondent sought to transpose the Directive into UK law. The Applicant objected saying that the Directive was invalid. Held: The Directive had been made under Article 95 EC, concerning the internal market. Insofar as the Directive regulated the composition of tobacco products, and their packaging and labelling as Low Tar etc, it was valid. Where however the Directive sought to have effect on sales outside the Community, it was not properly based, and was invalid.
Where EU legislative or administrative institutions exercise a discretion involving political, economic or social choices, especially where a complex assessment is required, the court will usually intervene only if it considers that the measure is manifestly inappropriate: "As a preliminary point, it ought to be borne in mind that the principle of proportionality, which is one of the general principles of Community law, requires that measures implemented through Community provisions should be appropriate for attaining the objective pursued and must not go beyond what is necessary to achieve it . .
With regard to judicial review of the conditions referred to in the previous paragraph, the Community legislature must be allowed a broad discretion in an area such as that involved in the present case, which entails political, economic and social choices on its part, and in which it is called upon to undertake complex assessments. Consequently, the legality of a measure adopted in that sphere can be affected only if the measure is manifestly inappropriate having regard to the objective which the competent institution is seeking to pursue."
Directive 2001/37/EC on the approximation of laws concerning the manufacture, presentation and sale of tobacco (OJ 2001 L184, p26)
1 Citers

[ Bailii ]
 
Intel Corporation v Via Technologies Inc, Elitegroup Computer Systems (UK) Ltd Via Technologies Inc , Via Technologies (Europe) Ltd, Realtime Distribution Ltd [2002] EWCA Civ 1905; [2002] All ER (D) 346; [2003] FSR 33
20 Dec 2002
CA
The Vice-Chancellor Lord Justice Mummery Lord Justice Tuckey
Intellectual Property, European, Commercial
Infringement of patents. Held: With regard in particular to competition law claims (or defences), where the area of law is in the course of development the court should be cautious "to assume that it is beyond argument with real prospect of success that the existing case law will not be extended or modified" so as to encompass the basis of argument advanced.
1 Cites

1 Citers

[ Bailii ]
 
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