The passing-on “defence” after Sainsbury’s
The passing-on defence – ie. whether the damages suffered by a purchaser of a product which has been the subject of a cartel are reduced if he passes on the overcharge to his own customers – had, as Tristan Jones blogged a few years ago, been the subject of much policy discussion but relatively little… 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
Cañas: no sufficient interest in showing anti-competitive rules
The blog post below first appeared on the sports law blog recently launched by colleagues at Blackstone Chambers. We intend in future to post articles with both a competition and a sports angle on both blogs. Readers interested more generally in sports law may wish to subscribe to the Sports Law Bulletin: http://sportslawbulletin.org/ **** Retirement… Continue reading
Appeals on the merits: only pick a hole if you can fill it
In his recent blog “Down the rabbit hole,” Tom Richards described the “quasi judicial review within an appeal” contained in s.193(7) Communications Act 2003 as something of a Wonderland. Last Wednesday it was the turn of the Court of Appeal to enter Wonderland. However, the judgment of Moses LJ in Everything Everywhere Ltd v Competition… Continue reading
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  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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