Focus Antitrust - 23 September 2020
In The News
CMA uses interim measures to extend commitments in airline cooperation agreement investigation
The CMA has decided not to accept commitments offered by the airlines which are members of the Atlantic Joint Business Agreement. Instead, the CMA will keep its investigation open and has imposed interim measures, which extend the terms of commitments accepted by the European Commission for an additional 3 years until March 2024, by which time it is expected that the airline sector should be in a more stable position. Click here.
FCA opens competition investigation
The FCA has opened an investigation into suspected anti-competitive arrangements under Chapter I of the Competition Act 1998 in the financial services sector. Click here.
EU
European Commission
- The European Commission has opened an in-depth investigation to assess the proposed acquisition of Eaton's hydraulics business by Danfoss. The Commission is concerned that the proposed acquisition may reduce competition in the supply of certain hydraulic components for mobile machinery. Click here.
UK
CMA
- The CMA has appointed a monitoring trustee as part of the interim measures put in place as part of its investigation of the Atlantic Joint Business Agreement. 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?
Fiona Edmond
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.
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.
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
Gareth Mills
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.
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.
eCommerce and the Post-Brexit State of Play
Key UK and EU legislation governing how online platforms deal with consumers and their business users.