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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

Reggae Reggae Sauce not developed in breach of contract – Anthony Bailey & Sylvester Williams v Keith Graham, Levi Roots’ Reggae Reggae Foods Ltd & Levi Roots’ Reggae Reggae Sauce Ltd, High Court

6 December 2011 | Simon Weinberg | 1 comment

Bailey and Williams issued proceedings against Graham (of Dragons’ Den fame under the pseudonym “Levi Roots”) in relation to his creation and marketing of “Reggae Reggae Jerk/BBQ Sauce” for breach...

Tags on this discussion: breach of agreement breach of confidence breach of contract commercial agreement Commercial contract commercial contracts confidence confidential confidentiality contract contract law contracts duty of confidence High Court jerk sauce Levi Roots oral contract Reggae Reggae Sauce

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

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

Danger of oral contracts reiterated – BVM Management v Roger Yeomans t/a The Great Hall of Mains, Court of Appeal

18 November 2011 | Simon Weinberg

Oral contracts, where the parties do not sign a formal document, can exist. As with any contract, this is when the following four basic elements of a contract exist: an offer; acceptance of that...

Tags on this discussion: acceptance breach of contract commercial agreement commercial agreements Commercial contract commercial contracts consideration contract contract law contracts contractual notice County Court Court of Appeal create legal relations High Court intention to create legal relations legal relations notice of termination notice period offer oral agreement oral contract

Court of Appeal orders rectification of a contract where one party unfairly took advantage of another’s failure to appreciate the meaning of one of the terms – Daventry District Council v Daventry & District Housing, Court of Appeal

8 November 2011 | Simon Weinberg

The two parties in this case had negotiated a contract which did not reflect the commercial agreement that had been reached in principle. The contract related to the purchase of council housing by Daventry...

Tags on this discussion: breach of contract commercial agreement commercial agreements Commercial contract commercial contracts contract contract law contract negotiation contracts contractual mistake council council house council housing housing councils court discretion Daventry Daventry District Council discretion discretionary remedy High Court Local Council mistake negotiation rectification rectified rectify remedy

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

ASA reiterates that card surcharges must be well indicated

26 October 2011 | Mark Weston

The Advertising Standards Authority (ASA) has upheld a complaint that it received in relation to a website that was not clear about credit and debit card surcharges. The website had added a £1 or £2...

Tags on this discussion: advert advertising Advertising Standard Authority adverts ASA CAP code card surcharge commercial agreement Commercial contract commercial contracts consumer consumer contract Consumer Rights Directive contract contract law contracts credit card credit card surcharge debit card debit card surcharge e-commerce EU EU law European Union European Union law illegal infringement Internet job advertisements marketing marketing campaign misleading misleading advertising Office of Fair Trading OFT Online online content online payment method payment payment method surcharge unauthorised unlawful web web site web sites Website website content websites

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...

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Latest news and views tagged contracts

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

Reggae Reggae Sauce not developed in breach of contract – Anthony Bailey & Sylvester Williams v Keith Graham, Levi Roots’ Reggae Reggae Foods Ltd & Levi Roots’ Reggae Reggae Sauce Ltd, High Court

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

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

Danger of oral contracts reiterated – BVM Management v Roger Yeomans t/a The Great Hall of Mains, Court of Appeal

Court of Appeal orders rectification of a contract where one party unfairly took advantage of another’s failure to appreciate the meaning of one of the terms – Daventry District Council v Daventry & District Housing, Court of Appeal

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

ASA reiterates that card surcharges must be well indicated

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

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