Monthly Archives: January 2013

Back to school for the OFT?

On 25 October 2012 the Office of Fair Trading announced that it had written to the head teachers of almost 30,000 State schools to draw attention to the high price of school uniforms. The high price is caused in part by  74% of schools requiring parents to purchase uniforms from a single, named retailer or from the school itself. This has created a captive market for chosen suppliers, allowing them to charge an additional £52 million per year (see para 2.3 of the OFT’s 2006 school uniforms review).

The October 2012 letter advises schools either to cease specifying from whom uniforms may be obtained, or to award the right to supply on a basis that takes into account the cost to parents. The letter does not specify what the OFT will do if the schools fail to comply, but I want to suggest that action against the schools is possible under the Competition Act 1998. Continue reading

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Filed under Abuse, Policy

Anyone for another round? The Court of Appeal’s nuanced approach to the duty of “sincere cooperation”.

The duty of “sincere cooperation” set out in Article 4(3) TEU requires Member States to take appropriate measures to “ensure fulfillment of the obligations arising out of the Treaties or resulting from the acts of the institutions of the Union” as well as to “refrain from any measure which could jeopardise the attainment of the Union’s objectives“. When and in what way are Member State authorities required to act – or desist from acting – in order to comply with this duty?

This was the key issue in two cases decided this year regarding EU and national merger control (Ryanair Plc v OFT [2012] EWCA Civ 643 and Ryanair Plc v Competition Commission [2012] EWCA Civ 1632). Continue reading

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Filed under Mergers

Competition round-up: January 2013

As today is the first day of the new court term, I thought it would be a good moment for a round-up of last term’s competition cases – and, of course, the customary plug of our own blogs.

If there was a theme to the Michaelmas term, it was the highs and lows of follow-on claims. Few pieces of legislation can have attracted so much judicial attention in so short a time as s.47A of the Competition Act 1998. It has now gone as far as the Supreme Court, which confirmed in BCL Old Company Ltd v BASF plc [2012] UKSC 45 that the rules governing limitation periods for bringing follow on claims in the CAT are not so unpredictable as to breach European principles of legal certainty (a topic which I blogged on here). Continue reading

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Filed under Abuse, Agreements, Damages, Penalties, Pharmaceuticals, Policy, Procedure, Round-Up, Telecoms