Arbitration clause “trumps” directions application by liquidators

In Philpott and Orton v Lycee Francais Charles De Gaulle School [2015] EWHC 1065 (Ch), the High Court has held that liquidators seeking directions from the court as to the calculation of a final account were bound by the arbitration clause in an underlying construction contract.  Accordingly, the debtor was entitled to apply for a mandatory stay of the liquidators' action under section 9 of the Arbitration Act 1996.

E-Commerce

Launch of the European Commission E-commerce Sector Inquiry

The European Commission has now launched its e-commerce sector inquiry. This fact-finding exercise will focus on identifying and addressing obstacles to cross-border competition in online markets and will form an integral building block of the Commission's Digital Single Market strategy which was adopted on 6 May 2015.

Technology

Olswang EU competition law bulletin – Technology focus

In this bulletin we provide a round-up of recent competition law activity in the technology sector. It has been a busy few months, with the announcement of the European Commission's e-commerce sector inquiry (which forms part of its broader Digital Single Market strategy) almost overshadowing the long awaited formal charges against Google. Other interesting developments include a US case involving price-fixing on Amazon Marketplace through information exchange and the adoption of algorithms and a UK High Court ruling dealing with Standard Essential Patents ("SEPs") and FRAND terms.

The Commission’s Digital Single Market proposals

On 6 May 2015, the EU Commission published its much heralded and long-awaited Digital Single Market ("DSM") strategy document. The strategy is an aggregation of many different policy areas under a united banner of creating a digital single market in order to expand jobs and stimulate growth. The badge of DSM exists at least in part as an excuse to justify the EU Commission's competence (over that of member state governments) to take on the issues discussed - "single market" issues being clearly in the Commission's competence. The paper is also political in scope: there is a view that the Commission wishes to persuade Europe's citizens that it is delivering results for them, in order to stem the rise of anti-Europe parties in many EU Member States.