Focus Antitrust - 9 October 2019
In The News
CMA issues statement of objections to Fender for resale price maintenance
The CMA has issued a statement of objections to Fender, provisionally finding that the guitar company restricted online discounting by its retailers. Click here.
CMA issues statement of objections and accepts commitments in Aspen fludrocortisone case
The CMA has issued a statement of objections and accepted commitments in the Aspen fludrocortisone case. The statement of objections sets out the CMA’s provisional view that, in 2016, Aspen agreed to pay two other firms, Amilco and Tiofarma, to stay out of the UK market for fludrocortisone acetate tablets. The commitments relate to Aspen’s 2016 purchase of a competitor fludrocortisone product from Tiofarma authorised for supply in the UK. This acquisition brought all existing fludrocortisone marketing authorisations in the UK permanently under Aspen’s ownership. The commitments include Aspen offering to pay the NHS £8 million, as well as ensuring that, in the future, there will be at least two suppliers of fludrocortisone in the UK. Click here.
CMA requires divestment in Ecolab/Holchem merger
The CMA has issued its final report on the Ecolab/Holchem merger, concluding that divestment of Holchem would be the only way to remedy concerns in the supply of cleaning chemicals to food and drink manufacturers in the UK. Click here.
• The European Commission has opened an in-depth phase 2 investigation to assess the proposed creation of two joint ventures by aircraft manufacturers Boeing and Embraer. The Commission is concerned that the transaction may reduce competition as regards commercial aircraft. Click here.
• The CMA is proposing to refer for a detailed phase 2 investigation the completed acquisition by Bottomline Technologies (de), Inc of Experian Limited’s Experian Payments Gateway business and related assets, unless the parties offer suitable undertakings. Click here.
When can you set off claims against different elements of a project
The Court’s decision raises important drafting considerations for construction contracts involving multiple elements of a project.
Drafting terms and conditions or negotiating a contract? Be wary of "unusual" and "exorbitant" exclusion clauses
When drafting a set of terms and conditions, companies must adhere to the requirements contained in the Unfair Contract Terms Act 1977
Stop, collaborate and listen: Top 10 Tips with Collaboration Agreements
Providing you with the top ten tips on collaboration agreements - what should you know?
Fiona Edmond and Mark Smith write for Property Week on data centres as an infrastructure asset class
The complexity of operational issues is something those new to the sector may not anticipate and interest is likely to increase.
Preparing your company for sale
We set out here some initial steps to consider in anticipation of a sale.
ESG investment and the challenges for trustees
What challenges does the ESG revolution present for trustees of private family trusts?
The impact of COVID-19 on commercial and residential tenancies
What impact has COVID-19 had on commercial and residential tenancies? Read more here.
Charles Russell Speechlys advises discoverIE on its acquisition of Antenova
discoverIE is a leading international designer, manufacturer and supplier of customised electronics to industry.
Q&A: Separate blocks, common parts and enfranchisement
Miriam Seitler and Lauren Fraser answer queries relating to leaseholders seeking to acquire the freehold.
2020: Influencer, 2021: Creative Director – what could go wrong?
Coded messages for landlords and tenants
“What does the code of practice mean for landlords and tenants? Read more here”
The family court’s role in micro managing 'trivial' disputes
The recent decision has dealt with the family court’s role in micro managing “trivial” disputes in relation to children
Gareth Mills writes for Lexology Getting The Deal Through on technology disputes in Bahrain
The most common disputes occur following perceived or actual failures to deliver required technology services an lack of clarity.
Taxing horizons and fiscal black holes
A super-massive black hole at the centre of the nation’s finances means that tax reform and rates rises look increasingly likely.
Charles Russell Speechlys advises Acora on acquisition of Westgate IT
Westgate IT specialises in providing IT support to businesses in the South West.
Jason Saiban writes for Food Manufacture on the food industry's climate change challenge
The key challenge will be how the environmental targets are actually met.
Q&A: Wrestling with restrictive covenants
Camilla Lamont (barrister at Landmark Chambers) and Real Estate Disputes Partner Emma Humphreys answer a pair of covenant queries
Charles Russell Speechlys advises Grape Paradise on the acquisition of a fine wine business
Charles Russell Speechlys has advised Grape Paradise on the acquisition of the Sarment Group in the China Mainland territories.
Grab the tail by the horns - Why is tail spend so critical in today’s outsourced portfolio?
It’s usually invisible, but in all likelihood, you’ve got tail spend.
Olivia Crane writes for The Grocer on the importance of robust data protection policies for checkout-less stores
The ‘personal data footprint’ created by this type of service and technology isn’t something that should be overlooked.