Focus Antitrust - 11 March 2020
In The News
Court of Appeal dismisses Network Rail appeal
The Court of Appeal has dismissed Network Rail's appeal against the CMA’s decision that it breached the Chapter I and II prohibitions of the Competition Act 1998 by requiring use of a supplier qualification scheme. Click here.
Court of Appeal remits Pfizer/Flynn excessive pricing case to CMA
The Court of Appeal has remitted the excessive pricing case against Pfizer and Flynn to the CMA for reconsideration of the issues of abuse and penalty. In doing so, the Court clarified the approach that the CMA should adopt in excessive pricing cases. Click here.
European Commission accepts commitments by Transgaz in relation to natural gas exports from Romania
The European Commission has accepted commitments by Transgaz to make available capacities for natural gas exports from Romania to neighbouring Member States, in particular Hungary and Bulgaria. Click here.
EU
Mergers
• The European Commission has cleared the proposed acquisition of joint control over INWIT by Telecom Italia and Vodafone subject to conditions. Click here.
UK
CMA
• The CMA is proposing to refer the educational publishing merger between McGraw-Hill and Cengage for a detailed phase 2 investigation unless the parties offer suitable undertakings in lieu. Click here.
Our thinking
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
Phil Webb
Stop, collaborate and listen: Top 10 Tips with Collaboration Agreements
Providing you with the top ten tips on collaboration agreements - what should you know?
Preparing your company for sale
We set out here some initial steps to consider in anticipation of a sale.
Bart Peerless
ESG investment and the challenges for trustees
What challenges does the ESG revolution present for trustees of private family trusts?
Emma Humphreys
The impact of COVID-19 on commercial and residential tenancies
What impact has COVID-19 had on commercial and residential tenancies? Read more here.
Mark Howard
Charles Russell Speechlys advises discoverIE on its acquisition of Antenova
discoverIE is a leading international designer, manufacturer and supplier of customised electronics to industry.
Lauren Fraser
Q&A: Separate blocks, common parts and enfranchisement
Miriam Seitler and Lauren Fraser answer queries relating to leaseholders seeking to acquire the freehold.
Caroline Swain
2020: Influencer, 2021: Creative Director – what could go wrong?
Emma Humphreys
Coded messages for landlords and tenants
“What does the code of practice mean for landlords and tenants? Read more here”
Sarah Higgins
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
Matthew Radcliffe
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.
Mark Howard
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
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.
Emma Humphreys
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
Helen Wong
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.
Michael O'Connor
Collateral Warranties – Are they also a ‘Construction Contract’?
What are collateral warranties and what do they mean for your construction contracts? Read more here.
Katie Talbot
Succession Planning for Landed Estates
The first in our series of articles on succession planning for landed estates covering a wide variety of matters.