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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

Liquidated damages does not always need to be genuine pre-estimate of loss to be enforceable – Azimut-Benetti v Healey, High Court

8 November 2010 | Mark Weston

Liquidated damages are clauses in contracts that provide for a pre-agreed value to be paid in the event of a breach of contract by one of the parties. Commonly, they are used when there is a delay to performance....

Tags on this discussion: agreement breach breach of contract commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law commercial purpose contract contracts delay freedom of contract guarantee High Court invalid late liquidated damages penalty penalty clause pre-estimate summary judgment terminate termination unenforceable void

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

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

Rooney scores win by kicking image rights agreement into touch – Proactive Sports Management v Rooney and Stoneygate, High Court

23 July 2010 | Mark Weston

Wayne Rooney had assigned his image rights to S, to act on his behalf with negotiating sponsorship deals. P agreed with S whereby P would act on behalf of S for exploiting some those rights. The agreement...

Tags on this discussion: agreement brand branding brands breach of contract commercial commercial agreement Commercial contract commercial contracts commission contract contract law contracts dispute High Court image rights reasonable reasonableness restraint of trade unenforceable unreasonable void

Several High Street names not operating within Distance Selling Rules

16 July 2010 | Mark Weston

A BBC investigation has discovered that some retailers are not operating within consumer laws imposed by the Consumer Protection (Distance Selling) Regulations 2000. Many are giving out false information...

Tags on this discussion: breach breach of contract business-to-consumer consumer consumer law consumer laws Consumer Protection (Distance Selling) Regulations contract contract law contracts cooling off period distance selling directive Distance Selling Regulations DSR EU law European Union Internet Online online shopping trading standards unenforceable unlawful void web site web sites

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Latest news and views tagged void

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

Liquidated damages does not always need to be genuine pre-estimate of loss to be enforceable – Azimut-Benetti v Healey, High Court

Lorry makers in price fix enquiry

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

Rooney scores win by kicking image rights agreement into touch – Proactive Sports Management v Rooney and Stoneygate, High Court

Several High Street names not operating within Distance Selling Rules

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