http://www.olswang.com/ Olswang Solicitors - Legal News in the Technology, Media, Telecommunications and Real Estate Sectors Olswang, 90 High Holborn, London, WC1V 6XX. Tel +44 (0)20 7067 3000 Olswang (mailto:olsmail@olswang.com) http://www.olswang.com/images/logo_h.gif http://www.olswang.com/ 09 February 2010 - On 4th February 2010 Olswang's Procurement Litigation team held a client seminar exploring the revised remedies regime for public sector and utilities procurement at the firm's London Office. The seminar, held in conjunction with Monckton Chambers, included presentations from Melanie Collier (Head of Public Procurement), Dan Tench (Head of Public Law and Litigation Partner) and Johannes Kramer (Procurement Associate, Berlin Office) of Olswang and Rob Williams and Kassie Smith of Monckton Chambers. http://www.olswang.com/newsarticle.asp?sid=123&aid=2893 2010-02-09 Articles Olswang (mailto:olsmail@olswang.com) 15 December 2009 - In its largest cartel investigation to date, the OFT has fined 103 construction companies for engaging in "cover pricing", a form of bid-rigging. Separately, the OFT has fined six recruitment agencies for fixing fee rates and withdrawing from or refraining from entering into contracts with an intermediary company for the supply of candidates to construction companies in the UK. http://www.olswang.com/newsarticle.asp?sid=123&aid=2835 2009-12-15 Articles Olswang (mailto:olsmail@olswang.com) 15 December 2009 - This recent judgment establishes that a company can be sued in follow-on damages from a competition law infringement finding, even where the finding was made against its parent company. It also indicates limits on the ability of a cartelist to frustrate damages actions by starting proceedings in another jurisdiction. http://www.olswang.com/newsarticle.asp?sid=123&aid=2834 2009-12-15 Articles Olswang (mailto:olsmail@olswang.com) 15 December 2009 - The European Commission has adopted a decision setting out the technical, procedural and legal specifications for EETS, after almost five years of intense discussions. EETS will enable private and commercial road users to pay tolls throughout the European Union using a single interoperable device and one service contract. http://www.olswang.com/newsarticle.asp?sid=123&aid=2833 2009-12-15 Articles Olswang (mailto:olsmail@olswang.com) 15 December 2009 - The European Court of Justice has confirmed that parent companies are presumed to be liable for cartel infringements committed by a 100% owned subsidiary. The presumption is rebuttable, but parent companies are very unlikely to escape cartel fines by claiming their subsidiaries operate independently. http://www.olswang.com/newsarticle.asp?sid=123&aid=2832 2009-12-15 Articles Olswang (mailto:olsmail@olswang.com) 15 December 2009 - In May 2009 the European Commission fined Intel over €1billion for abuse of a dominant position on the x86 CPU market, through its pricing practices of: (i) 'conditional rebates'; and (ii) 'naked restrictions'. Intel has also (partially) settled the complaints of its competitor, AMD, for $1.25 billion. http://www.olswang.com/newsarticle.asp?sid=123&aid=2831 2009-12-15 Articles Olswang (mailto:olsmail@olswang.com) 15 December 2009 - The European Court of Justice has upheld a finding of infringement of Article 101(1) (formerly Article 81) by GSK's dual pricing agreement in Spain, intended to restrict parallel trade of its pharmaceuticals. The ECJ also confirmed that an agreement must have appreciable objective advantages for exemption under Article 81(3) - an assessment of such advantages should have taken into account the nature and specific features of the pharmaceutical sector. However, the ECJ found that the lower court erred in requiring proof of harm suffered by final consumers as a prerequisite for a finding of anti-competitive object. http://www.olswang.com/newsarticle.asp?sid=123&aid=2830 2009-12-15 Articles Olswang (mailto:olsmail@olswang.com) 15 December 2009 - Following the ratification of the Lisbon Treaty by the Czech Republic on 3 November 2009, it has now been ratified by all EU Member States and entered into force on 1 December 2009. http://www.olswang.com/newsarticle.asp?sid=123&aid=2829 2009-12-15 Articles Olswang (mailto:olsmail@olswang.com) 29 October 2009 - The European Court of Justice (ECJ) has held that the UK's Stamp Duty Reserve Tax ("SDRT") is unlawful as a matter of EC law. Under s.96, Finance Act 1986, the entry of shares into a clearance system gives rise to a charge to SDRT of 1.5%. On 1 October 2009, the ECJ held that this breaches Article 11 of the Capital Duty Directive. Businesses who have paid the 1.5% charge should take advice on whether they have a potential claim at the earliest opportunity. http://www.olswang.com/newsarticle.asp?sid=123&aid=2751 2009-10-29 Articles Olswang (mailto:olsmail@olswang.com) 13 October 2009 - The Brussels Bar, Dutch Speaking Section is proud to announce the fourth edition of its International Competition Conference. http://www.olswang.com/newsarticle.asp?sid=123&aid=2745 2009-10-13 Articles Olswang (mailto:olsmail@olswang.com) 10 September 2009 - As summer draws to an end and the regulators and courts start to go back to business, we are pleased to bring you the second issue of our Competition Update. http://www.olswang.com/newsarticle.asp?sid=123&aid=2697 2009-09-10 Articles Olswang (mailto:olsmail@olswang.com) 08 September 2009 - The CAT has upheld an application for appeal brought by Tesco challenging part of the Competition Commission's final report into the supply of groceries in the UK, specifically the CC's recommendation for a "competition test" to be implemented within the planning system, aimed at preventing the market dominance of large retailers. The CAT quashed the CC's decision to recommend the competition test and directed the CC to retake it. http://www.olswang.com/newsarticle.asp?sid=123&aid=2695 2009-09-08 Articles Olswang (mailto:olsmail@olswang.com) 08 September 2009 - Following the CAT's finding against Ofcom in last year's appeal against its termination rates dispute determination, the CAT has now also made a costs award against that regulator. It is very rare for the CAT to make such an award, and sheds important light on the circumstances in which it will do so, particularly the relevant standard of the regulator's decision-making. http://www.olswang.com/newsarticle.asp?sid=123&aid=2694 2009-09-08 Articles Olswang (mailto:olsmail@olswang.com) 08 September 2009 - On 8 April 2009 the High Court gave judgment in a damages claim against British Airways for the airline's alleged involvement in an air freight cartel. The case is significant as it deals with the scope of "representative" damages claims on behalf of a class of claimants in alleged cartel cases. http://www.olswang.com/newsarticle.asp?sid=123&aid=2693 2009-09-08 Articles Olswang (mailto:olsmail@olswang.com) 08 September 2009 - The ECJ has ruled that an exchange of information between competitors has an anti-competitive object if it is capable of removing uncertainty concerning the competitors' intended conduct. A causal connection between the exchange and the competitors' market conduct is presumed, and competitors are presumed to take account of the information exchanged, even if it took place on a single occasion. http://www.olswang.com/newsarticle.asp?sid=123&aid=2692 2009-09-08 Articles Olswang (mailto:olsmail@olswang.com)