GT London Law Blog

GT London Law Blog

Legal Advisers for a Changing World

Greenberg Traurig

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Reform of the UK competition regime

Posted in Competition Law, Government
Written by Simon Harms and Lisa Navarro On 15 March 2012, the UK’s Department for Business Innovation and Skills (“BIS”) announced its plans for the reform of the UK competition regime. These proposals were crystallised on 23 May 2012 in the Enterprise and Regulatory Reform Bill (the “Bill”). The proposals set out in the Bill… Continue Reading

Commission ready to declare maritime transport a sector like any other

Posted in Antitrust Trade & Regulation, Competition Law
Written by Simon Harms and Stephen C. Tupper On 4 May 2012, the European Commission (the “Commission”) announced its preliminary intention not to renew its sector-specific guidelines on the application of the European Union (“EU”) competition rules to maritime transport services (the “Maritime Guidelines”). As a prelude to implementation, the Commission has issued a working… Continue Reading

Commission launches ‘assertive’ campaign to open up procurement markets outside the EU

Posted in Competition Law
Written by Stephen C. Tupper Last year, the European Commission (the “Commission”) announced in its first annual report on trade and investment barriers that one of the items on its “to-do” list was to find a way to eradicate trading obstacles faced by EU exporters in certain markets outside the EU, where the same obstacles… Continue Reading

The Battle of King’s Cross

Posted in Competition Law
Written by Stephen C. Tupper Thames Water has been engaged in battle with Ofwat and Independent Water Networks Limited (“IWNL”) for the right to supply the 67-acre King’s Cross redevelopment site with water and sewerage services for several years. A recent decision from the Court of Appeal has brought proceedings to an end by rejecting… Continue Reading

Bribery Update – Warning bells sound for investors

Posted in Competition Law
Written by Ifé O. Adebajo and Lisa Navarro In January 2012, the highly publicised bribery case against the UK construction company Mabey & Johnson Limited (“M&J“) reached a climactic conclusion. The resulting decision has sent shockwaves through the hearts and wallets of shareholders and investors with interests in entities that carry on business in the UK. Background… Continue Reading

Modernisation of the EU Public Procurement Rules – what next for the water sector?

Posted in Competition Law
Written by Stephen C. Tupper The European Commission has published proposals for modernising the EU public procurements rules with a suite of new directives including: a new directive on public procurement to replace Directive 2004/18 (“New Procurement Directive”); a new directive on procurement by entities operating in the water, energy, transport and postal services sectors… Continue Reading

Rooney and restraint of trade – the doctrine is still alive and kicking

Posted in Competition Law
Written by Lisa Navarro and Stephen C. Tupper On 1 December 2012 the Court of Appeal (“CA“) upheld the High Court’s decision in the dispute between Wayne Rooney and his former management company, Proactive Sports Management Limited (“Proactive“). The case centred around whether or not the image rights agreement (the “Agreement“) that Wayne Rooney entered… Continue Reading

Streamlining multi-jurisdictional merger control in a globalised world – best practices

Posted in Corporate
Written by Simon Harms and Stephen C. Tupper 1. Background A significant number of countries worldwide now operate mandatory merger control regimes. Cross-border M&A activity, as a result, increasingly involves notifications in several jurisdictions. Most regimes are national in scope, however, important supranational merger control regimes exist – such as European Union (“EU”) merger control.… Continue Reading

Antitrust fines – the inevitability of parental liability revisited

Posted in Competition Law
Written by Simon Harms and Stephen C. Tupper In September 2011, the Court of Justice of the European Union (the “CJEU”), handed down its judgment in the latest of a series of successful challenges to the European Commission’s (the “Commission”) practice of holding parent companies jointly liable for the antitrust sins of their subsidiaries. The… Continue Reading

Lucasfilm Wins Right to Sue in UK for Infringement of U.S. Copyright

Posted in Intellectual Property & Technology
Written by Luke Dixon The Supreme Court of the United Kingdom rules on protection of Stormtrooper headgear and justiciability of U.S. copyright in English courts The UK Supreme Court (which has replaced the House of Lords as the highest judicial body) has upheld the lower courts’ decisions in a dispute involving copyright in the helmets… Continue Reading

UK/EU Competition: courts reduce antitrust fines

Posted in Competition Law
Written by Simon Harms and Stephen C. Tupper In-house lawyers need to imagine this. The company’s preventative competition law compliance programme has failed to prevent a serious infringement. Former co-conspirators have beaten you in the race to obtain immunity by using leniency applications. Years of disruptive and intrusive investigations by competition law enforcement authorities have… Continue Reading

Bribery Act 2010: Jurisdictional scope

Posted in Corporate
Written by Andrew Briggs and Lisa Navarro As the foreword to the Ministry of Justice’s (“MoJ”) recently released guidance on the Bribery Act 2010 (the “Act”) reminds us, one of the Government’s aims in pushing forward with this legislation is to create “a level playing field” with regards to the eradication of bribery. The Government recognised… Continue Reading

Bribery Act 2010: Corporate hospitality – or when is a beer a bribe?

Posted in Corporate
Written by Andrew Briggs and Lisa Navarro The UK’s Bribery Act 2010 (the “Act”) will come into force on 1 July 2011. The accompanying guidance from the Ministry of Justice (“MoJ”), Serious Fraud Office (“SFO”) and Director of Public Prosecutions (“DPP”) was published on 29 March 2011. Many companies’ minds will, therefore, now focus on… Continue Reading

EU competition: focus on R&D agreements

Posted in Competition Law, Corporate, Intellectual Property & Technology, Regulatory
Written by Simon Harms On 14 December 2010, the European Commission(the “Commission“) adopted a new suite of rules governing co-operation between actual or potential competitors, consisting of (i) guidelines on the applicability of EU competition law to horizontal co-operation agreements (the “Guidelines”) and (ii) two new block exemption regulations covering: (1) specialisation and joint production… Continue Reading

EU competition: industry standards and antitrust compliance

Posted in Antitrust Trade & Regulation, Competition Law, Regulatory
Written by Simon Harms On 14 December 2010, the European Commission (the “Commission”) adopted a new suite of rules governing co-operation between actual or potential competitors, consisting of (i) guidelines on the applicability of EU competition law to horizontal co-operation agreements (the “Guidelines”) and (ii) two new block exemption regulations covering: (1) R&D agreements; and… Continue Reading

The European Commission’s Intel Decision

Posted in Antitrust Trade & Regulation
Written by Stephen C. Tupper On May 13, 2009, the European Commission (the “Commission”) published a summary of a decision1 confirming its view that Intel Corporation was guilty of serious anti-competitive conduct during a period from 2002-2007 in an important microprocessor market and, consequently, the Commission imposed a massive €1.06 billion fine on Intel. (A… Continue Reading

Whistleblowing and Dawn Raids — Sportswear Giants at it Again

Posted in Antitrust Trade & Regulation, Competition Law
Written by Stephen C. Tupper | Lisa Navarro On 10 September 2009 the Office of Fair Trading (OFT) and the Serious Fraud Office (SFO) dawn-raided the offices of Sports Direct. The dawn raid is the first public step by the OFT in its investigation into alleged anti-competitive agreements between Sports Direct and JJB Sports. Whilst… Continue Reading