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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

Rooney hits the winner as image right agreement ruled to be a restraint of trade – Proactive Sports Management Ltd v Rooney & Others, Court of Appeal

6 December 2011 | Simon Weinberg

In 2003, as a 17-year-old, Wayne Rooney (R) entered into an image-rights representation agreement with Proactive Sports Management Ltd (P). Under the agreement, R’s image rights, which he had vested...

Tags on this discussion: anti-competition anti-competitive bargaining power breach of contract commercial agreement Commercial contract commercial contracts commission agreement competition law competition regime contract contract law contracts Court of Appeal exploit image rights exploitation of image rights High Court image right image rights image rights agreement Intellectual property intellectual property rights IP legal advice legal representation primary occupation Proactive Proactive Sports Management restraint restraint of trade Rooney trade Wayne Rooney

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

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

UK ban on sale of foreign decoders in breach of European law, but is this the final score? – FA Premier League v QC Leisure and Karen Murphy, European Court of Justice

17 October 2011 | Simon Weinberg | 1 comment

The European Court of Justice (ECJ) has released its ruling in the case of a a pub landlady in England who used a decoder card from Greece to show the Premier League football matches live. Karen Murphy...

Tags on this discussion: advocates general broadcaster broadcasters broadcasting rights competition law competition regime copyright Copyright Directive copyright infringement copyright owner decoder decoder card domestic broadcast ECJ EU EU competition law Europe European Commission European Court of Justice European law European Union exclusive licence FA FA Premier League football Football Association football broadcast football broadcasting rights football match foreign broadcast foreign decoder foreign decoder card High Court illegal infringement infringement of copyright Intellectual property intellectual property rights IP live football match Member State Member States territorial exclusivity agreement Treaty on the Functioning of the European Union unauthorised unlawful

Sky may have reached the limit as Competition Commission provisionally rules satellite giant restricting film choice through exclusivity deals

29 August 2011 | Paul Gershlick

Sky is too controlling of the pay-TV film rights in the UK and this is restricting competition, contrary to UK competition law, according to a provisional ruling from the Competition Commission. The Commission...

Tags on this discussion: agreement agreements anti-competition anti-competitive anti-trust breach breach of competition law commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law competition Competition Act Competition Act 1998 Competition Commission competition law competition regime contract contracts illegal pay tv satellite satellite tv unenforceable

OFT fines supermarkets and dairy processors £50m for exchanging sensitive price data

22 August 2011 | Mark Weston

The Office of Fair Trading has imposed fines totalling £50m on Asda, Safeway, Sainsbury’s and Tesco together with five dairy processors after the supermarkets had indirectly exchanged retail pricing...

Tags on this discussion: agreement agreements anti-competition anti-competitive breach breach of competition law Chapter I Prohibition commercial agreement commercial agreements Commercial contract commercial contracts commercial law Competition Act Competition Act 1998 competition law competition regime contract contracts fine illegal infringement Office of Fair Trading OFT unenforceable

OFT points to successful impact of first abuse of dominance fines under Competition Act in Napp Pharmaceuticals case

26 June 2011 | Paul Gershlick

The Competition Act 1998 came into force in 2000. Under it, the Office of Fair Trading can impose large fines and declare void arrangements that are either agreements between undertakings whose object...

Tags on this discussion: abuse abuse of dominance abuse of dominant position agreement agreements anti-competition anti-competitive anti-trust Article 101 Article 102 Article 81 Article 82 breach of competition law Chapter I Prohibition Chapter II Prohibition commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law competition Competition Act Competition Act 1998 Competition Commission competition law competition law breach competition law regime competition regime competitor contract contracts dominant position EC Treaty excessive pricing fine illegal Office of Fair Trading OFT OFT investigation pharmaceutical pharmacies pharmacy predatory pricing TFEU Treaty Treaty of the Functioning of the European Union Treaty on the Functioning of the European Union unenforceable unlawful void

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Latest news and views tagged competition law

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

Rooney hits the winner as image right agreement ruled to be a restraint of trade – Proactive Sports Management Ltd v Rooney & Others, Court of Appeal

OFT investigates pharma sector patent settlement agreements

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

UK ban on sale of foreign decoders in breach of European law, but is this the final score? – FA Premier League v QC Leisure and Karen Murphy, European Court of Justice

Sky may have reached the limit as Competition Commission provisionally rules satellite giant restricting film choice through exclusivity deals

OFT fines supermarkets and dairy processors £50m for exchanging sensitive price data

OFT points to successful impact of first abuse of dominance fines under Competition Act in Napp Pharmaceuticals case

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