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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

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

Government proposes new single consolidated Consumer Bill of Rights

1 October 2011 | Simon Weinberg

UK consumer laws will be merged into a single consolidated law, according to Government proposals. Currently, there are 12 statutes and Regulations, some of which overlap. The UK will also need to bring...

Tags on this discussion: B2C business-to-consumer consumer consumer agreement consumer agreements Consumer Bill of Rights consumer contract consumer contracts consumer law consumer laws Consumer Protection (Distance Selling) Regulations Consumer Protection from Unfair Trading Consumer Protection from Unfair Trading Regulations Consumer Rights Directive consumers cooling off period CPUTR Directive distance selling directive Distance Selling Regulations DSR EU Directive fair fairness new Directive sale of goods sale of goods act Sale of Goods Act 1979 SOGA UCTA unenforceable unfair Unfair Commercial Practices Unfair Commercial Practices Directive unfair contract terms unfair contract terms act Unfair Contract Terms Act 1977 unfair contract trading unfair terms Unfair Terms Directive Unfair Terms in Consumer Contracts Regulation 1999 Unfair Terms in Consumer Contracts Regulations unfair trading unfair trading regulation void

Sony requires PlayStation Network users to sign up to terms and conditions that waive their collective rights of redress

27 September 2011 | Mark Weston

Sony has required its PlayStation Network users to sign up to new terms and conditions that would amount to their waiver of the right to take part in collective legal action, or so-called “class action...

Tags on this discussion: B2C business-to-consumer class action consumer consumer contract consumer contracts consumer law consumer laws consumers data data breach data breaches data controller data loss data protection data protection act Data Protection Act 1998 data protection directive data protection laws data subject data theft database database right infringement databases DPA fair fairness Internet Internet use Internet user law suit lawsuit legal action liability limited liability misuse of data On-line Online online content personal data reasonable sensitive personal data site terms standard terms standard terms and conditions standard trading terms term terms Terms & conditions terms of use Ts & Cs Ts and Cs UCTA unenforceable unfair unfair contract terms unfair contract terms act Unfair Contract Terms Act 1977 unfair terms Unfair Terms Directive Unfair Terms in Consumer Contracts Directive Unfair Terms in Consumer Contracts Regulation 1999 Unfair Terms in Consumer Contracts Regulations UTCCR void web web content web database web site web site content web sites Website website content websites

Minimum 12- to 36 month gym memberships were unfair – OFT v Ashbourne Management Services, High Court

27 June 2011 | Paul Gershlick

The Office of Fair Trading has successfully obtained an injunction against someone who recruited new members for their gym and health club clients. In the standard agreements that X advised their clients...

Tags on this discussion: agreement agreements B2C business business-to-consumer businesses cancellation commercial commercial law consumer consumer agreement consumer agreements consumer contract consumer contracts consumer detriment consumer law consumer laws consumer protection Consumer Protection from Unfair Trading Consumer Protection from Unfair Trading Regulations consumers contract termination CPUTR fair fairness High Court Office of Fair Trading OFT OFT investigation right to cancel term termination Terms & conditions unenforceable unfair Unfair Commercial Practices Unfair Commercial Practices Directive unfair contract terms unfair contract trading Unfair Terms Directive Unfair Terms in Consumer Contracts Directive Unfair Terms in Consumer Contracts Regulations UTCCR void

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

European competition law defence needs to be supported by detailed evidence to avoid contract breach – A Nelson v Guna, High Court

27 May 2011 | Paul Gershlick

Nelsons supplied Bach Flower Remedies. Guna had been its distributor in Italy. Their distribution agreement had included several restrictions including a ban on Guna from advertising for orders from outside...

Tags on this discussion: agreement agreements anti-competition Article 101 Article 81 breach breach of competition law breach of contract commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law competi competition Competition Act Competition Act 1998 competition law competition regime competitor contract contracts distribution agreement EC Treaty EU EU law Euro defence Europe European law High Court TFEU Treaty Treaty of the Functioning of the European Union Treaty on the Functioning of the European Union unenforceable void

Directors safe from company fines under Competition Act 1998 – Safeway Stores Limited & Others v Twigger & Others, Court of Appeal

17 January 2011 | Simon Weinberg

The Court of Appeal has ruled that, where an undertaking has been fined for a breach of the Competition Act 1998, that undertaking cannot recover the amount of the fine from those directors or employees...

Tags on this discussion: agreement agreements anti-competition anti-competitive anti-trust Article 101 Article 81 cartel Chapter I Prohibition collusion commercial agreement commercial agreements Commercial contract commercial contracts competition Competition Act competition law contract corporate corporate finance Court of Appeal Directors Employees fine High Court illegal infringement summary judgment unauthorised unenforceable unlawful void

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Latest news and views tagged void

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

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

Government proposes new single consolidated Consumer Bill of Rights

Sony requires PlayStation Network users to sign up to terms and conditions that waive their collective rights of redress

Minimum 12- to 36 month gym memberships were unfair – OFT v Ashbourne Management Services, High Court

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

European competition law defence needs to be supported by detailed evidence to avoid contract breach – A Nelson v Guna, High Court

Directors safe from company fines under Competition Act 1998 – Safeway Stores Limited & Others v Twigger & Others, Court of Appeal

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