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Envelope cartel investigation signed, sealed but far from delivered

6 October 2010 | Paul Gershlick

The European Commission has conducted unannounced raids on envelope manufacturers in France, Spain, Denmark and Sweden. The Commission has been suspicious that the companies involved have operated a cartel...

Tags on this discussion: anti-competition anti-competitive Article 101 Article 81 cartel Chapter I Prohibition commercial commercial agreement Commercial contract commercial contracts commercial law competition Competition Act competition law EC Treaty EU EU law European Commission European Union price price fixing TFEU Treaty on the Functioning of the European Union

Public body ordered to disclose IT contract against its wishes

30 September 2010 | Paul Gershlick

The Department of Work and Pensions has been ordered by the Information Tribunal to disclose most of the details of an IT contract. Atos Origin had been the only bidder for the DWP’s contract. After...

Tags on this discussion: B2G benchmark benchmarking business to government cap on liability commercial commercial agreement Commercial contract commercial contracts commercial law commercial prejudice confidential confidential information disclosure exclusion of liability FOIA freedom of information freedom of information act Information Tribunal IT IT contract liability limitation on liability public authority public body public interest public sector publication Software trade secret

New version of Incoterms launched

24 September 2010 | Paul Gershlick

The International Chamber of Commerce has launched a new version of Incoterms. It comes into effect on 1 January 2011. The rules create uniformity regarding certain key principles with international trade,...

Tags on this discussion: agreement commercial commercial agreement Commercial contract commercial contracts commercial law distribution agreement duties ICC Incoterms Insurance International International Chamber of Commerce risk tax taxes title

Lorry makers in price fix enquiry

24 September 2010 | Paul Gershlick

Some leading lorry manufacturers in Europe are at the centre of a cartel investigation. The Office of Fair Trading is leading an enquiry into whether they have fixed prices contrary to the Chapter I Prohibition...

Tags on this discussion: anti-competition anti-competitive Article 101 cartel Chapter I Prohibition commercial commercial agreement Commercial contract commercial contracts commercial law competition Competition Act competition law damages illegal Office of Fair Trading OFT price price fixing unenforceable unlawful void

Government consults on EU proposals to change contract law

24 August 2010 | Mark Weston

The Government is consulting on European Union proposals to reform and harmonise contract law across the EU. The details of the EU’s suggestions were reported here: http://www.mablaw.com/2010/07/european-commission-consults-on-new-eu-wide-contract-law/....

Tags on this discussion: B2B B2C business-to-business business-to-consumer commercial agreement Commercial contract commercial contracts consultation contract contract law contracts cross-border Directive EU Europe European Commission European Union incorporation incorporation of terms Recommendation remedies rights validity

Sports gear company discovered legal victory was in the pocket – Hudson Bay v Umbro, Court of Appeal

20 August 2010 | Paul Gershlick

This case surrounded two licences to make and sell Umbro’s football clothes in the US. One licence (to Dick’s) was for the exclusive sale of on-field sports clothing and the other (to Hudson Bay) was...

Tags on this discussion: actual authority agreement approval authorisation brand branding brands breach breach of contract commercial commercial agreement Commercial contract commercial law consent contract contract law contracts Court of Appeal High Court logo merchandise merchandising agreement ostensible authority Sport trade mark trade marks unauthorised

Not renegotiating a bad bargain did not constitute breach of duty of good faith – Gold Group Properties v BDW, High Court

17 August 2010 | Paul Gershlick

Gold had entered into an agreement with BDW (formerly Barratt Homes) to build some properties on Gold’s land. BDW would pay minimum fee per property and the parties would share revenue. The contract...

Tags on this discussion: agreement breach breach of contract commercial agreement Commercial contract contract contract law contracts duty force majeure fundamental fundamental breach good faith High Court obligation repudiation repudiatory breach terminate termination

Limitations of retention of title clause exposed as it is deemed to be ineffective for stock sold on – Bulbinder Singh Sandhu v Jet Star Retail, High Court

12 August 2010 | Paul Gershlick

Sandhu supplied clothes to JSR, a retailer. The supply contract contained an ‘all monies’ retention of title clause. That clause provided that title in the goods would not pass to JSR until payment...

Tags on this discussion: agreement all monies breach breach of contract clause commercial agreement Commercial contract contract contract law contracts guarantee High Court ineffective purchase agreement purchase contract retention of title Romalpa supply agreement supply contract termination unenforceable

Survival of the fittest as one participant in animal feed cartel gets total immunity from €175m fine

9 August 2010 | Paul Gershlick

Five members of an animal feed cartel have received a hefty €175m fine from the European Commission for breaching Article 101 of the Treaty on the Functioning of the European Union (formerly Article...

Tags on this discussion: agreement anti-competition anti-competitive anti-trust Article 101 Article 81 cartel commercial agreement competition competition law EC Treaty European Commission European Union fine horizontal agreement illegal price price fixing TFEU Treaty on the Functioning of the European Union unlawful Whistleblower Whistleblowing

High Court does not disturb spirit of trade mark co-existence agreement made way back in time – Omega v Omega, High Court

23 July 2010 | Paul Gershlick

Omega SA was a Swiss company that manufactured watches for over 150 years. Omega Engineering Inc was an American company that has manufactured products for measurement of temperature and humidity for about...

Tags on this discussion: brand brand protection branding brands breach breach of contract co-existence co-existence agreement commercial agreement Commercial contract contract contract law contracts High Court Intellectual property intellectual property rights IP summary judgment trade mark trade mark infringement trade marks

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Latest news and views tagged commercial agreement

Envelope cartel investigation signed, sealed but far from delivered

Public body ordered to disclose IT contract against its wishes

New version of Incoterms launched

Lorry makers in price fix enquiry

Government consults on EU proposals to change contract law

Sports gear company discovered legal victory was in the pocket – Hudson Bay v Umbro, Court of Appeal

Not renegotiating a bad bargain did not constitute breach of duty of good faith – Gold Group Properties v BDW, High Court

Limitations of retention of title clause exposed as it is deemed to be ineffective for stock sold on – Bulbinder Singh Sandhu v Jet Star Retail, High Court

Survival of the fittest as one participant in animal feed cartel gets total immunity from €175m fine

High Court does not disturb spirit of trade mark co-existence agreement made way back in time – Omega v Omega, High Court

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