Collective Actions in the Supreme Court
The big news from today’s UK Supreme Court collective action decision in Mastercard v Merricks  UKSC 51 is not only that Mr Merricks won and defeated the appeal, but that the Supreme Court approached the issues in a far more claimant-friendly way than even the Court of Appeal had done. The headlines are that,… Continue reading
Recovering penalties from directors and employees: Safeway revisited
Can a company which has been fined for anticompetitive conduct seek to recover the fine from the directors and employees responsible by suing them for damages? The question is moot in light of last week’s Supreme Court judgment in Jetivia SA and another v Bilta Ltd (in liquidation) and others  UKSC 23, which casts… Continue reading
Dogma in telecoms, cream for the CAT: 08- numbers in the Supreme Court
The Supreme Court yesterday handed down judgment in British Telecommunications plc v Telefónica O2 UK Ltd & Ors  UKSC 42. Reversing the decision of the Court of Appeal (blogged on here by Emily Neill), Lord Sumption for a unanimous Supreme Court held that there had been no basis for Ofcom to disallow BT’s introduction… Continue readingAccess Directive, Article 20, Article 5, Article 8, call termination, CAT, competition appeal tribunal, contract, Court of Appeal, Directive 2002/19/EC, Directive 2002/21/EC, dispute resolution, disputes, Framework Directive, interconnection, Lord Sumption, s. 185, s. 192, section 185, section 192, supreme court, telecoms
BCL No.2: The Supreme Court addresses time limits in follow-on claims
The White Paper which first proposed follow-on damages claims promised a “swift” and “streamlined” procedure. The idea was that when a regulator had made an infringement finding, there would be a simple way for victims to claim damages without having to prove the infringement afresh. In reality, however, many follow-on actions have been bogged down… Continue reading
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