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At the discretion of the lender

10 January 2012 | Steven Mills Comments Off

This dispute centred on the meaning of a loan agreement and is an example of how a court will approach the question of construction of a loan agreement. The purpose of the loan was to provide the claimant...

Tags on this discussion: agreement discretion loan loan agreement meaning of agreement

European Commission investigates whether Apple’s arrangements with book publishers infringes EU competition law

14 December 2011 | Paul Gershlick

The European Commission is investigating whether Apple’s arrangements with book publishers for the sale of e-books amount to anti-competitive agreements contrary to Article 101 of the Treaty on the Functioning...

Tags on this discussion: agreement agreements anti-competition anti-competitive anti-trust Article 101 Article 81 breach of competition law commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law competition law contract contracts EC Treaty EU EU law European Commission European Union law fine On-line Online online content online shopping online trading price price fixing publish publishers publishing resale price resale price maintenance RPM supply agreement supply agreements supply contract supply contracts TFEU Treaty of the Functioning of the European Union Treaty on the Functioning of the European Union unenforceable void web web site web site content web sites Website website content websites

Estate agent entitled to commission even if completion did not take place Foxtons v O’Reardon, High Court

30 November 2011 | Paul Gershlick

Foxtons were sole agents for O’Reardon in respect of the sale of a £2.5m property. Foxtons introduced a purchaser. O’Reardon and the purchaser exchanged contracts for the sale, but the purchaser pulled...

Tags on this discussion: agreement commercial commercial agreement commercial agreements Commercial contract commercial contracts commission Estate Agent estate agents Estate Agents Act Estate Agents Act 1979 High Court

OFT investigates pharma sector patent settlement agreements

25 November 2011 | Paul Gershlick

The Office of Fair Trading has announced that it is investigating patent litigation agreements relating to paroxetine. Paroxetine is a medicine used in the treatment of disorders such as depression and...

Tags on this discussion: agreement agreements anti-competition anti-competitive Article 101 Article 102 breach of competition law Chapter I Prohibition Chapter II Prohibition commercial commercial agreement commercial agreements commercial law Competition Act Competition Act 1998 competition law competition law breach EC Treaty generic generic drugs generics Intellectual property intellectual property rights IP IPR Office of Fair Trading OFT patent patent law patent settlement Patents pharma pharma products pharmaceutical pharmaceutical business pharmaceutical company pharmaceutical market pharmaceutical patents pharmaceutical products pharmaceutical sector Restriction Restrictions restrictive TFEU Treaty Treaty of the Functioning of the European Union Treaty on the Functioning of the European Union

Estate agent’s failure to explain “sole agency” term meant it did not get commission for sale introduced by another agent – Great Estates Group v Digby, Court of Appeal

25 November 2011 | Paul Gershlick

GEG was appointed by Digby as its “sole agent” for the sale of Digby’s property: During the sole agency period, Digby received an introduction for a purchaser through another agent, and Digby sold...

Tags on this discussion: agency agreement agreements breach breach of contract commission contract contracts Estate Agent estate agents Estate Agents (Provision of Information) Regulations Estate Agents (Provision of Information) Regulations 1991 Estate Agents Act Estate Agents Act 1979 sole agency

Supreme Court says business common sense rule can be used to give most appropriate business common sense meaning and not just when one interpretation would give irrational result – Rainy Sky v Kookmin Bank, Supreme Court

18 November 2011 | Paul Gershlick

Six companies had agreed to buy a ship from a shipbuilder in instalments. The buyer had agreed to do so in return for the builder providing a bank guarantee to repay those sums if the construction did...

Tags on this discussion: agreement agreements ambiguous commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law Construction contract contracts Court of Appeal High Court interpret interpretation interpretation of contract Supreme Court unambiguous

OFT consults on new penalty regime of 30% of turnover for competition law breaches

31 October 2011 | Paul Gershlick

The Office of Fair Trading, the UK’s competition law regulator, is consulting on proposals to revise its guidance as to the penalties for breaching the Competition Act 1998. Currently, organisations...

Tags on this discussion: abuse of dominance abuse of dominant position agreement agreements anti-competition anti-competitive anti-trust breach of competition law cartel commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law competition Competition Act competition law competition law breach competition law regime competition regime contract contracts fine leniency market abuse market sharing Office of Fair Trading OFT price fixing unenforceable void

Chiquita plays competition law regime leniency card successfully again as European Commission goes bananas over PIG price fixing

19 October 2011 | Paul Gershlick

The European Commission has fined Pacific Fruit nearly €9 million for co-ordinating prices with rival banana importer, Chiquita, over a nine month period in respect of imports into Portugal, Italy and...

ECJ says ban on Internet sales took selective distribution system outside of block exemption protection in EU competition law – Pierre Fabre Dermo-Cosmetique v French Competition Board, European Court of Justice

18 October 2011 | Simon Weinberg

PFDC makes and markets cosmetics and personal care products under certain brands. It requires sales to be made in a physical space in the presence of a qualified pharmacist. The French Competition Board...

Tags on this discussion: agreement agreements anti-competition anti-competitive anti-trust Article 101 Article 81 brand brand protection branding brands breach breach of competition law breaches Chapter I Prohibition commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law competition competition law competition law breach competition law regime competition regime contract contracts distribution distribution agreement distributor EC Treaty EU EU law Europe European Union European Union law fine Internet IP IP protection IPR IPR protection On-line Online online shopping online trading selective distribution TFEU trade mark trade marks trademark trademarks Treaty of the Functioning of the European Union Treaty on the Functioning of the European Union unenforceable vertical agreement void web content web site web site content web sites Website website content websites

Jumping the gun and terminating for late performance before the contractual procedure allows leads to wrongdoer becoming the victim – Gesner v Bombardier, Court of Appeal

12 October 2011 | Simon Weinberg

Gesner contracted to buy an aeroplane from Bombardier. The contract provided that Gesner could invoke the termination clause if there was a 90 day period of non-excusable delay in delivery. The plane was...

Tags on this discussion: agreement agreements breach breach of contract commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law contract contract termination contracts Court of Appeal default fundamental breach High Court material material breach repudiatory breach serious breach terminate termination

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Latest news and views tagged agreement

At the discretion of the lender

European Commission investigates whether Apple’s arrangements with book publishers infringes EU competition law

Estate agent entitled to commission even if completion did not take place Foxtons v O’Reardon, High Court

OFT investigates pharma sector patent settlement agreements

Estate agent’s failure to explain “sole agency” term meant it did not get commission for sale introduced by another agent – Great Estates Group v Digby, Court of Appeal

Supreme Court says business common sense rule can be used to give most appropriate business common sense meaning and not just when one interpretation would give irrational result – Rainy Sky v Kookmin Bank, Supreme Court

OFT consults on new penalty regime of 30% of turnover for competition law breaches

Chiquita plays competition law regime leniency card successfully again as European Commission goes bananas over PIG price fixing

ECJ says ban on Internet sales took selective distribution system outside of block exemption protection in EU competition law – Pierre Fabre Dermo-Cosmetique v French Competition Board, European Court of Justice

Jumping the gun and terminating for late performance before the contractual procedure allows leads to wrongdoer becoming the victim – Gesner v Bombardier, Court of Appeal

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