“What’s in a Commission Decision?” and other lessons for national courts
In a decision of 13 February 2014, the Court of Justice of the European Union (“CJEU”) added a little gloss to an otherwise well-trodden path in relation to the binding aspects of a Commission Decision. For instance, it is well established that assessments made in recitals to a decision “are not in themselves capable of… Continue reading
Abuse of dominance: no commercial gain, no abuse?
Is it necessary for there to be some commercial benefit to be gained by a dominant undertaking from its conduct before that conduct can be condemned as abusive? No, says Mrs Justice Rose in Arriva the Shires Ltd v London Luton Airport Operations Ltd  EWHC 64 (Ch). Continue reading
“Unfair advantage” under the Trade Marks Directive
Readers over the age of 24 do not fall into Jack Wills’ core target market, and may therefore be unfamiliar with the clothing brand’s “Mr Wills” pheasant logo: On the other hand, those readers who are Jack Wills devotees may want to check when you get home that you have not got confused and accidentally… Continue reading
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