Non-Appealing Cartelists Beware
Tucked away at the back of last week’s Supreme Court decision on time-limits for follow-on claims is a very important development for private competition actions. The context is section 47A of the Competition Act 1998, a provision which has generated an extraordinary amount of litigation in view of the fact that it was intended to… Continue reading
Conspiracy, the CAT, and the Court of Appeal: “Here is a case unprecedented” (The Gondoliers, Act 2)
In W.H. Newson Holding Limited & ors v IMI plc & ors  EWCA Civ 1377, the Court of Appeal has made some important new law regarding the scope of section 47A of the Competition Act 1998 and the tort of common law conspiracy. The Court upheld Roth J’s decision (on which see Tom Richards’… Continue reading
e-books: Vertical participation in hub and spoke agreements
The 10 July judgment in the American e-books case (US v Apple) addresses an important question not yet examined under European competition law: what determines the liability of the vertical participant (“B”) in an A-B-C information exchange? Continue reading
Tesco scores partial victory in cheese cartel
In a judgment handed down this afternoon, the Competition Appeal Tribunal largely upheld Tesco’s appeal against the OFT’s decision that it had participated in unlawful agreements relating to the price of cheese: see Tesco Stores Ltd v Office of Fair Trading  CAT 31. Tesco’s victory is essentially on the facts: it persuaded the CAT… Continue reading
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