August 2012
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CAT unlimited: the Deutsche Bahn decision
Where the Commission has issued a decision finding several addressees liable for the same infringement, amongst the more important tactical questions for a claimant in the UK are: where to sue the addressees and when? The decision of the Court of Appeal in Deutsche Bahn & AG & Ors v Morgan Crucible Company plc &… Continue reading
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Keeping the CAT in its bag: the 08 Appeal
Ofcom will likely be delighted by the result in the Court of Appeal’s decision in Telefonica O2 UK Limited and others v British Telecommunications PLC [2012] EWCA Civ 1002, in which the Regulator appeared as an interested party. Not only does the judgment uphold Ofcom’s various dispute determinations relating to ladder pricing by BT for… Continue reading
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Fairness between infringers: the need for consistency in punishments
Competition lawyers may want to brush up on their criminal law. The Court of Appeal’s recent judgment in Interclass Holdings v OFT [2012] EWCA Civ 1056 borrows criminal law principles to guide the calculation of penalties imposed. The appeal was a further instalment in the litigation arising from the OFT’s largest ever investigation under the… Continue reading
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As long as the regulator’s foot
The Court of Appeal’s remarks in BT v Ofcom (Partial Private Circuits) make Ofcom’s dispute-resolution power a still more distinctive alternative to court litigation, and in the right circumstances a more attractive one. The appeal arose out of a dispute, brought to Ofcom under s.185 Communications Act 2003, about whether BT had overcharged for… Continue reading
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Cardiff bust-up: abuse of dominance, follow-on claims and exemplary damages
In 2 Travel Group PLC (in liquidation) v Cardiff City Transport Services Limited [2012] CAT 19 the Tribunal has made the first ever domestic award of exemplary damages for breach of competition law. The case is a significant landmark, but involves no radical development of the law; it is certainly not a declaration of “open… Continue reading
