Competition & Regulatory

European Commission imposes record fines on truck producers after cartel settlement

On 19 July 2016, the European Commission (the "Commission") announced the imposition of record breaking fines totalling €2.93 billion on four major truck producers for their participation in a cartel which coordinated pricing of trucks sold in the European Union (the "EU") over a 14 year period.

Litigation

Anti-oral variation clauses: the value of a red herring?

Anti-oral variation clauses are commonly included by parties in commercial contracts, often as boilerplate provisions which are not given a huge amount of drafting attention.  Such clauses seek to prevent the parties from making any subsequent changes to the agreement unless those changes are mutually agreed in writing and signed by the parties.  Put another way, the parties are trying to nullify the effectiveness of any subsequent amendments made either orally or by way of conduct.

Litigation

High Court refuses anti-suit injunction based on arbitration clause due to delay

In Asia-Pacific Trading Pte Ltd (formerly known as Toepfer International Asia Pte Ltd) v PT Budi Semesta Satria [2016] EWHC 1427 (Comm), the High Court held that delay on the part of the applicant could be adequate cause for refusing an anti-suit injunction, even where the respondent acknowledged there was an arguable case that it had breached an arbitration clause by bringing proceedings overseas.

eSports

eSports: A Unique Opportunity for Traditional Sport?

Traditional sport is dipping its toe into eSports. In June 2016, Valencia CF, one of Spain's biggest and most successful football clubs, announced its entry onto the scene by establishing its own eSports team that will reportedly be participating in competitive FIFA, Hearthstone, Rocket League and League of Legends over the course of the year. While the first of its kind in the La Liga, Valencia CF is not the first professional football team to secure eSports professionals on its roster. In May 2016, West Ham United announced the signing of its first official eSports player who will represent the club at all official eSports events wearing the club colours. Earlier still in 2015, VfL Wolfsburg became the first professional football team to enlist the services of a professional gamer among its ranks. Why have businesses built around traditional sport grown interested in the world of eSports?

eSports

Olswang on eSports

For the uninitiated, eSports is the term used for organised, competitive computer gaming. Much like traditional sports, players (often in teams) battle each other virtually (as opposed to on the pitch) for large cash prizes. For Olswang, eSports sits at the intersection of many of our core areas of expertise, including sports, media, advertising, technology, video games and gambling. In this series of articles, specialists from the Olswang team explore some of the industry’s potentially lucrative revenue streams and most interesting opportunities - and look at the legal and commercial questions that are still to be answered...