Legal and Regulatory News

Updates on the latest legal and regulatory developments

Technology

What IT providers must learn from the air traffic shutdown

The connection might not seem obvious at first, but the recent trouble experienced by the UK's national air traffic service (NATS) is a timely reminder that commercial providers of IT services need to think carefully about ways to manage their exposure in the event of service interruptions.

18 December 2014

Life Sciences

European Commission’s fifth patent settlement monitoring report brings little comfort for pharmaceutical sector

The European Commission's fifth patent settlement monitoring report was published on 5 December 2014 (see here) receiving a seasonally frosty reception from the pharmaceutical sector. After five rounds of monitoring, a lengthy sector inquiry and several investigations, the position of patent settlements under EU competition law seems ever more opaque, leaving settling parties without the comfort of legal certainty.

16 December 2014

investment funds

FCA Obligations of Small Registered UK Property AIFMs

The obligations of Small Registered UK AIFMs to the Financial Conduct Authority are imposed primarily by the Alternative Investment Fund Managers Regulations 2013 and the FCA Handbook.  Registration as a Small Registered UK AIFM does not accord regulated firm status or grant exemption for other regulated activities under the Financial Services and Markets Act 2000.  Small Registered UK AIFMs must still ensure that they do not carry out regulated activities under FSMA and comply with other applicable FSMA obligations.

11 December 2014

Litigation

Merits of the claim generally irrelevant to enforcement of the court’s case management powers

On 26 November 2014, the Supreme Court handed down a decision in which it stressed that the strength of a party's case should be "generally irrelevant" when it comes to the exercise of the courts' case management powers, aside from where the merits of a party's case were so strong that he would be entitled to summary judgment.  The court also stated that the senior courts would generally be "very diffident" about interfering with case management decisions made by the lower courts.

09 December 2014

Life Sciences

Olswang EU competition law bulletin – Life sciences focus

In this bulletin we provide an update on recent EU competition law activity in the life sciences sector. It has been a busy period for M&A in the sector and we provide a run down of recent merger control notifications to the European Commission (the "Commission"). In addition, we provide details of the latest developments in a number of the most closely watched antitrust investigations in the region, including the appeals against the Commission's infringement decision in relation to perindopril and the issue of a supplementary statement of objections in the UK Competition and Market Authority's ("CMAs") paroxetine pay-for-delay investigation. We also report on investigations undertaken by competition authorities in a number of other EU member states and provide an update on the latest steps resulting from the CMA's investigation into the UK private healthcare market.

05 December 2014

Competition & Regulatory

The UK Consumer Rights Bill and private enforcement of competition law

In January 2014 the UK Government introduced the Consumer Rights Bill to Parliament, which contains proposals to overhaul the private enforcement of competition law in the UK.  The key amendments including the increased jurisdiction of the CAT, the introduction of opt-out collective actions and the establishment of voluntary redress schemes are set out in this article.

05 December 2014

Competition

The EU Damages Directive for competition law claims

After nearly a decade of consultations and debate the much awaited "Directive on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union" was published in the EU Official Journal on 5 December 2014.  Member States will now have until 27 December 2016 to transpose the Directive into national law. 

05 December 2014

Competition & Regulatory

UK competition authority starts to enforce the new UK merger control regime

The UK's competition authority, the Competition and Markets Authority, has begun to step up its enforcement of new UK merger control procedures by issuing two decisions finding anticompetitive effects in little over a month.  However, the new regime's effectiveness in improving the speed and efficiency of merger investigations remains unproven. 

03 December 2014

Interflora, Inc., Interflora British Unit v Marks and Spencer plc [2014] EWCA Civ 1403

The latest judgment in the long running saga between Marks and Spencer ("M&S") and Interflora in the English courts was handed down by the Court of Appeal this month.  On appeal by M&S, Lord Justices Kitchiner and Patten and Sir Colin Rimer found that Arnold J., on first instance, had erred in law on a number of points whilst reaching first instance judgment.

28 November 2014

Tax

Reform of Patent Box regime on its way

The UK and German governments have agreed a joint proposal which may result in the abolition of the UK's Patent Box regime in its current form. The main theme of the proposal is that preferential tax regimes for intellectual property (IP) should require substantial economic activities to be undertaken in the jurisdiction offering the tax break, by requiring tax benefits to be connected directly to expenditure incurred in the jurisdiction on research & development (R&D) in developing the patent or product.

25 November 2014

Film

Holiday pay due on overtime: what is your exposure?

On 4 November 2014, the Employment Appeal Tribunal ruled that compulsory non-guaranteed overtime should be included in the calculation of holiday pay, but limited the scope for backdated claims.

10 November 2014

LANDMARK JUDGMENT PROVIDES NEW RIGHTS FOR TRADE MARK OWNERS TO COMBAT ONLINE SALES OF COUNTERFEIT GOODS

(Cartier and Others v BSkyB and Others [2014] EWHC 3354 (Ch))

Luxury brand owners Cartier have successfully applied for a court order requiring a number of Internet Service Providers to block websites that infringe their trade marks.  Judge Richard Arnold's landmark judgment, dated 17 October 2014, brings the relief available for UK trade mark owners in line with EU legislation and UK copyright laws.

10 November 2014

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