competition law « Matthew Arnold & Baldwin LLP | Giving you a lot more than just law…|MAB

Latest input tagged competition law

Law not quite so sunny as parallel importing case overturned due to brand owner’s failure to publish information regarding origin – Oracle v M-Tech, Court of Appeal

1 September 2010 | Paul Gershlick

M-Tech bought for resale second-hand computer hardware of Sun Microsystems. Oracle (which has since taken over Sun’s business) objected on the basis that the goods had not been put on the market within...

Tags on this discussion: brand brand protection branding brands CJEU competition law consent Court of Appeal Court of Justice of European Union Court of Justice of the European Union EC Treaty ECJ EEA EU EU law Europan Union Europe European Court of Justice High Court Intellectual property intellectual property rights IP parallel import parallel importing summary judgment trade mark trade mark infringement Trade Marks Act unauthorised unlawful

IBM becomes latest IT giant to be investigated by European Commission over possible competition law issues

11 August 2010 | Paul Gershlick

The European Commission is investigating whether IBM has abused its dominant position contrary to Article 102 of the Treaty of the Functioning of the European Union (formerly Article 82 of the EC Treaty)....

Tags on this discussion: abuse of dominant position anti-competition anti-competitive anti-trust Article 102 Article 82 competition competition law EC Treaty European Commission European Union hardware illegal IT Software TFEU Treaty on the Functioning of the European Union tying unlawful

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

Too wide a restriction on contractual non-compete clause between non-competitors breached EU competition law – Jones v Ricoh, High Court

23 July 2010 | Paul Gershlick

C assisted its clients in obtaining photocopying equipment. C put forward R as the preferred supplier for its clients. C was concerned not to get cut out of its relationship with its clients by those clients...

Tags on this discussion: anti-competition anti-competitive anti-trust Article 101 Article 81 block exemption breach of contract commercial agreement Commercial contract competition law confidentiality contract contract law contracts damages EC Treaty EU law High Court illegal preferred supplier summary judgment supplier TFEU Treaty on the Functioning of the European Union unenforceable unlawful vertical agreement void

Directors watch out: OFT vows to get tough with directors who should have known their companies were breaking competition laws

21 July 2010 | Paul Gershlick

The Office of Fair Trading has vowed to get tough with directors who should have know that their companies were breaking competition laws. The OFT wants to use powers under the Company Directors Disqualification...

Tags on this discussion: anti-competition anti-competitive anti-trust Article 101 Article 102 Article 81 Article 82 Chapter I Prohibition Chapter II Prohibition competition Competition Act competition law EC Treaty illegal leniency Office of Fair Trading OFT TFEU Treaty on the Functioning of the European Union unlawful Whistleblower Whistleblowing

European Commission investigates allegations of abuse of dominant position by Google

19 July 2010 | Mark Weston

The European Commission is investigating a complaint by three of Google’s competitors that it has been abusing its dominant position, contrary to Article 102 of the Treaty on the Functioning of the European...

Tags on this discussion: abuse of dominant position anti-competition anti-competitive Article 102 Article 82 competition law European Commission search engine search engines search result TFEU Treaty on the Functioning of the European Union

Prestressing Steel Producers fined €519m for price fixing and market-sharing cartel

15 July 2010 | Paul Gershlick

17 producers of prestressing steel have been fined €519m by the European Commission for their involvement in a cartel in which they fixed prices and shared markets, contrary to Article 101 of the Treaty...

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

Restrictive covenant was justified to protect franchisor’s know-how – Pirtek v Joinplace, High Court

14 July 2010 | Mark Weston

P had granted a 10 year franchise agreement to X. Following the termination of the agreement, the franchisee and others were involved in competing with P’s business. P alleged that this was in breach...

Tags on this discussion: breach breach of contract Chapter I Prohibition Competition Act competition law contract contract law contracts franchise agreement franchisee franchisor High Court injunction restraint of trade restrictive covenant Restrictive Covenants

17 bathroom fittings companies fined total of €622m for price fixing cartel

1 July 2010 | Paul Gershlick

17 bathroom fittings companies, including some from outside the European Union, have been fined €622m by the European Commission for taking part in a cartel in which they agreed to fix the prices for...

Tags on this discussion: anti-competition cartel competition competition law EU European Union fine price fixing Whistleblower Whistleblowing

England football shirt trade war hits fever pitch as Asda sells shirts at half their RRP after sourcing from grey market

1 June 2010 | Paul Gershlick

Asda is taking on the dominant might of Umbro after the supermarket bought official England shirts from the European Union grey market for re-sale in the UK – at half of Umbro’s recommended retail...

Tags on this discussion: abuse of dominant position anti-competition anti-competitive anti-trust Article 102 Chapter II Prohibition competition law European Union Intellectual property intellectual property rights IP parallel import trade mark trade mark infringement trade marks

Latest input tagged competition law

Law not quite so sunny as parallel importing case overturned due to brand owner’s failure to publish information regarding origin – Oracle v M-Tech, Court of Appeal

IBM becomes latest IT giant to be investigated by European Commission over possible competition law issues

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

Too wide a restriction on contractual non-compete clause between non-competitors breached EU competition law – Jones v Ricoh, High Court

Directors watch out: OFT vows to get tough with directors who should have known their companies were breaking competition laws

European Commission investigates allegations of abuse of dominant position by Google

Prestressing Steel Producers fined €519m for price fixing and market-sharing cartel

Restrictive covenant was justified to protect franchisor’s know-how – Pirtek v Joinplace, High Court

17 bathroom fittings companies fined total of €622m for price fixing cartel

England football shirt trade war hits fever pitch as Asda sells shirts at half their RRP after sourcing from grey market

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