Archive for May, 2009

Unfair consumer contract terms not enforceable against consumers in existing as well as future contracts – OFT v Foxtons, Court of Appeal

1 May 2009 | Paul Gershlick

The Office of Fair Trading has sought an injunction against Foxtons to stop the estate agency from having offending terms in any contracts. Foxtons argued that the injunction should only apply in respect...

Guidance provided on indemnity payment rules to commercial agents, but rules still not clarified much – Turgay v Deutsche Tamoil, European Court of Justice

1 May 2009 | Paul Gershlick

Under the EU’s Commercial Agents Directive, agents are entitled to certain rights. In particular, on termination of the relationship, they are entitled either to compensation or indemnity from their...

Misbehaving party to contract can’t deliberately breach the agreement and then claim not to have liability by reference to limitation on liability clause – NETTV v MAR, High Court

1 May 2009 | Paul Gershlick

N made interactive Internet television platforms. M provided information and services to hedge funds. They entered into a joint venture for N to broadcast material provided by M. The agreement was...

International supply contract exclusion from UCTA is given wide interpretation to cover misrepresentation – Trident, v First Flight, Court of Appeal

1 May 2009 | Paul Gershlick

The Court of Appeal has given a wide interpretation to Section 26 of the Unfair Contract Terms Act 1977. UCTA places restrictions on the ways in which people may exclude or limit their liability. For...

Nintendo discovers price-fixing and prevention of parallel imports are not within the rules, but its fine is reduced for good behaviour – Nintendo v European Commission, European Court of First Instance

1 May 2009 | Paul Gershlick

The European Court of First Instance has said that, although Nintendo and its distributors were rightly found to be in breach of EU competition law by the European Commission, their fines could be reduced...

Airline alliances suffer turbulence as European Commission investigates whether there is anti-competitive behaviour

1 May 2009 | Paul Gershlick

The European Commission has announced that it is formally investigating whether two separate airline alliances constitute agreements in breach of Article 81 of the EC Treaty by having as their object or...

More IT heavyweights gang up on Microsoft

1 May 2009 | Paul Gershlick

IBM, Sun, Oracle, Nokia and other technology companies that form the European Committee for Interoperable Systems have sided with the European Commission in the Commission’s current competition law case...

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Archive for May, 2009

Unfair consumer contract terms not enforceable against consumers in existing as well as future contracts – OFT v Foxtons, Court of Appeal

Guidance provided on indemnity payment rules to commercial agents, but rules still not clarified much – Turgay v Deutsche Tamoil, European Court of Justice

Misbehaving party to contract can’t deliberately breach the agreement and then claim not to have liability by reference to limitation on liability clause – NETTV v MAR, High Court

International supply contract exclusion from UCTA is given wide interpretation to cover misrepresentation – Trident, v First Flight, Court of Appeal

Nintendo discovers price-fixing and prevention of parallel imports are not within the rules, but its fine is reduced for good behaviour – Nintendo v European Commission, European Court of First Instance

Airline alliances suffer turbulence as European Commission investigates whether there is anti-competitive behaviour

More IT heavyweights gang up on Microsoft

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