Olswang Solicitors - EU & Competition

FAPL and Pub Landlady Both Lose in ECJ Fight - So Who Wins?

Olswang (mailto:olsmail@olswang.com) — 2011-10-04

04 October 2011 - In February 2011 we reported the Advocate-General's non-binding opinion in these joined cases. Her Opinion argued that the territorial exclusivity provided for in the FA Premier League's (FAPL) contracts with broadcasters contravened the fundamental EU law principle of freedom to provide cross-border services.

Olswang confirms BP panel appointment

Olswang (mailto:olsmail@olswang.com) — 2011-05-31

31 May 2011 - Leading European law firm, Olswang LLP, is delighted to confirm its appointment to BP's new UK legal panel, commencing 1 June 2011. Olswang is one of eight firms to have been selected by the internationally renowned oil and gas company after a competitive tender process that began six months ago.

Guidance published on competition law and land agreements

Olswang (mailto:olsmail@olswang.com) — 2011-04-07

07 April 2011 - Many agreements between businesses concerning land have, until now, been excluded from the UK competition law prohibition of anti-competitive agreements. However, from 6 April 2011 this exclusion will be revoked and the full force of the UK competition rules will apply to all new and existing land agreements, whenever they were executed. On 24 March 2011 - just two weeks before the prohibition takes effect - the Office of Fair Trading published guidance to businesses on how competition law will apply to land agreements.

Antitrust Issues Affecting the Pharmaceutical Industry: Recent Developments in the United States and the European Union

Olswang (mailto:olsmail@olswang.com) — 2011-03-25

25 March 2011 - Recent antitrust enforcement actions and court decisions in the United States and the European Union warrant attention from pharmaceutical companies and their counsel.

UK Competition Law Reform Update

Olswang (mailto:olsmail@olswang.com) — 2011-03-17

17 March 2011 - On 16 March the Department for Business, Innovation and Skills ("DBIS") published a consultation paper which contains proposals to reform UK competition law (the "Consultation"). The Government's objective is to "maximise the ability of the competition authorities to secure vibrant, competitive markets that work in the interests of consumers, to promote productivity, innovation and economic growth". In pursuit of this objective the Government is consulting on amendments to the current regime which it considers will: improve the robustness of decisions and strengthen the regime; support the competition authorities in taking forward high impact cases; and improve speed and predictability for business.

ECJ Advocate General finds that territorial exclusivity relating to the transmission of football matches breaches EU Law

Olswang (mailto:olsmail@olswang.com) — 2011-02-08

08 February 2011 - On 3 February EU court Advocate General Juliane Kokott (AG Kokott) published her Opinion on the interpretation of EU law in two joined cases which essentially concern the right of the FA Premier League (FAPL) to stop the live transmission of league matches in British pubs using foreign decoder cards. AG Kokott's findings are not legally binding, but if adopted by the Court of Justice of the European Union (ECJ) could potentially have significant consequences for the FAPL and other rights-holders which rely on revenues derived from broadcasting rights, especially revenues from "commercial" subscribers such as pubs and clubs. The very strict and categorical approach which the AG has taken in her interpretation of EU law has come as a surprise to most commentators – in essence she considers that EU free movement principles trump a rights-holder's ability to control the commercial exploitation of its broadcast rights.

Olswang submits response to OGC Consultation Document on Taking Account of the Uniplex Case

Olswang (mailto:olsmail@olswang.com) — 2011-01-26

26 January 2011 - The OGC is conducting a consultation on the implementation of the Uniplex Case with regard to time limits within procurement law. Here we present Olswang's response, submitted on 20 January 2011.

Public procurement: European Commission is criticised by Ombudsman over award of software contract

Olswang (mailto:olsmail@olswang.com) — 2010-12-14

14 December 2010 - The European Ombudsman published a decision on 17 November criticising the handling of the award of a software contract by the European Commission. However despite finding that the Commission had failed to justify its decision not to follow the appropriate procurement rules, constituting maladministration, it was also concluded that the Complainant had failed to show that it had been discriminated against.

EU Privilege Rules: European Commission remains able to access in-house legal advice

Olswang (mailto:olsmail@olswang.com) — 2010-10-13

13 October 2010 - A recent European Court judgment (Akzo Nobel v Commission) has confirmed that in the context of EU competition law investigations, legal professional privilege (LPP) covers only communications with external lawyers qualified to practise in an EU Member State and does not apply to communications with in-house counsel wherever qualified. In light of this judgment, companies must continue to protect sensitive information in case of a European Commission investigation or a dawn raid. Below we summarise the EU rules on privilege and provide some practical advice on ways to protect your company from taking actions which may mean that sensitive documents can be accessed by the European Commission.

OFT consultation on Competition Act investigation procedures guidance

Olswang (mailto:olsmail@olswang.com) — 2010-08-24

24 August 2010 - On 20 August 2010 the OFT launched a consultation on its proposed guidance concerning the procedures it follows during Competition Act investigations. The Competition Act 1998 prohibits agreements which prevent, restrict or distort competition in the UK and also anti-competitive behaviour by dominant undertakings. The draft guidance builds on existing, less detailed guidance and aims to reflect the ways in which the OFT's procedures have changed since the existing guidance was published in March 2005. It also introduces new initiatives, including offering informal discussions with potential complainants before they file a complaint and a commitment to decide within four months whether or not to formally open a case. The OFT believes that providing potential complainants and defendants with greater clarity should also help it to improve delivery of its investigations.

Morgan Crucible CEO's appeal against extradition for cartel activity fails in the UK Supreme Court