When is an antitrust/competition claim caught by an arbitration clause? The Microsoft Mobile decision
The decision of the High Court in Microsoft Mobile Oy (Ltd) v Sony offers some helpful guidance as to when a competition law tort claim will be caught by an arbitration clause in a sale or supply agreement. Competition law claims frequently complain about prices, on ground of collusion or abuse. Those prices may already… Continue reading
TalkTalk v Ofcom – the Court of Appeal stresses that market definition is a tool not an end
The Court of Appeal, in TalkTalk v Ofcom  EWCA Civ 1318, recently gave an important reminder to all competition practitioners that market definitions are a tool rather than an end: what matters is substance not form. The facts of the case were relatively simple. Ofcom conducted a market review for wholesale broadband access and,… Continue reading
Another reason to avoid the CAT – Emerson in the Court of Appeal
The famous Victorian cricketer WG Grace is reputed once to have offered the following advice: “When you win the toss – bat. If you are in doubt, think about it, then bat. If you have very big doubts, consult a colleague – then bat.” The recent Emerson decision  EWCA Civ 1559 is another illustration… Continue reading
Competition law achieves fair play
The London Welsh decision provides a rare but telling example of competition law marching its way onto the field of professional sport. London Welsh won rugby union’s Championship in the 2011-12 season. This would, in ordinary circumstances, have entitled them to be promoted to the Premiership, which is club rugby’s highest division. The RFU, however,… Continue reading
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