Legal and Regulatory News

Updates on the latest legal and regulatory developments

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.

21 May 2015

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.

13 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.

13 May 2015

Corporate

Small Business, Enterprise and Employment Act 2015: abolition of bearer shares

The Small Business, Enterprise and Employment Act 2015 received Royal Assent at the end of the last Parliament.  Although the proposal is to stagger the implementation of most provisions over the next year, the changes to bearer shares come into force in May 2015.  Affected companies and shareholders need to take immediate action.

 

30 April 2015

Employment

ECJ gives judgment on the meaning of "establishment" in collective redundancy consultation

The European Court of Justice ("ECJ") today gave its long awaited judgment on three cases concerning the EU Collective Redundancies Directive (the "Directive"), including the reference made by the Court of Appeal in the case of USDAW and anor v Ethel Austin and anor, more commonly known as the "Woolworths case".

In summary, the ECJ has held that "establishment" means the unit or entity to which the redundant workers are assigned to carry out their duties; it does not mean the whole of the employer's organisation.  This decision will be welcomed by businesses.

 

30 April 2015

No residual discretion as to whether a foreign judgment should be enforced following submission to the foreign jurisdiction

In Spliethoff's Bevrachtingskantoor BV v Bank of China Limited [2015] EWHC 999 (Comm), the Commercial Court confirmed it had no residual discretion to refuse to enforce Chinese judgments in England where the claimant had submitted fully to the Chinese jurisdiction, even where the judgments had been obtained in breach of arbitration clauses and anti-suit injunctions.

29 April 2015

Competition & Regulatory

EU Commission’s formal charges against Google Shopping – background and consequences

After months of speculation, on 15 April 2015, the European Commission sent Google a "Statement of Objections" formally setting out the competition case relating to the online-shopping market. Below we provide an overview of the Commission's investigation of Google, which dates back to 2010, before considering what this latest development means for Google as well as for the enforcement of abuse of dominance cases more generally.

27 April 2015

Internet

European Commission E-commerce Sector Inquiry

E-commerce businesses across Europe are bracing themselves for the launch of the European Commission's sector inquiry next month. 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.

24 April 2015

Competition & Regulatory

Consumer Rights Act 2015: Out-of-court compensation programmes for infringements of competition law to be approved by the CMA

The Consumer Rights Act 2015 is set to reform the enforcement of competition law through the courts in the UK.  The wide ranging reforms will make it easier for companies which have suffered harm as a result of an infringement of competition law both to bring a damages claim and, ultimately, to obtain compensation.  In particular the reforms promote the UK's specialist competition tribunal, the Competition Appeal Tribunal, as the main forum to bring such claims.

22 April 2015

Competition & Regulatory

Consumer Rights Act 2015: Promoting collective proceedings in competition damages claims

The Consumer Rights Act 2015 is set to reform the enforcement of competition law through the courts in the UK.  The wide ranging reforms will make it easier for companies which have suffered harm as a result of an infringement of competition law both to bring a damages claim and, ultimately, to obtain compensation.  In particular the reforms promote the UK's specialist competition tribunal, the Competition Appeal Tribunal, as the main forum to bring such claims.

22 April 2015

Competition & Regulatory

Consumer Rights Act 2015: Reforms to damages litigation in the UK for infringements of competition law

The UK's system for the enforcement of competition law through the courts rather than by a complaint to a regulator is set to be overhauled when the Consumer Rights Act 2015 enters into force.  The reforms contained in the CRA are envisaged to make it easier for claimants to bring damages claims in the UK against parties which have been found to have infringed competition law, either at UK or EU level.  Competition law claims can include damages claims against cartel members or challenges to a company with a dominant market position.

22 April 2015

Employment

Balancing caring and working – employment rights of carers

According to Carers Trust, there are almost seven million people in the UK - around one in ten - providing unpaid care for a family member or friend who cannot cope without their support.

Around three million of these carers are also in employment. Carers may be providing support for an elderly relative, a terminally ill partner or a disabled child and face the difficult task of balancing their working and caring responsibilities.

In addition to financial support which carers may be able to claim, employment law can also provide employees with caring responsibilities increased support and protection in the workplace. 

09 April 2015

prev set

prev

next

next set