The presentation of Monckton Chambers’ annual prize for Competition Law took place last week. The prize is awarded each year to the University of Oxford student who has demonstrated the best performance of the year in this area of study.

This year, the University announced joint winners of the prize; Ms Ella Liang and Mr Morris S Schonberg, both of Brasenose College.

Professor Endicott of the Law Faculty Office conveyed his appreciation for our continued support of the prize, adding that it is appreciated by the students “as much for the prestige as for the monetary value…”

The High Court has dismissed a challenge to Ofcom’s powers to represent British Overseas Territories in respect of satellite filings in R(Government of Bermuda) v Ofcom [2008] EWHC 2009 (Admin).

The right to broadcast via a satellite into any particular territory is governed by the rules of the International Telecommunications Union (“ITU”). Those rules have the status of an international treaty. Under the Communications Act 2003, and directions made by the Secretary of State, Ofcom represents the United Kingdom, the Isle of Man and Bermuda (together with a number of other territories) before the ITU. Bermuda challenged a decision by Ofcom to make a filing on behalf of the Isle of Man that Bermuda argued would cause “harmful interference” within its territory. Ofcom rejected that contention by application of the standards that the ITU itself applies.

The central legal issue raised by Bermuda was whether Ofcom’s duty to “represent” Bermuda permitted it to make a filing on behalf of the Isle of Man that was contrary to Bermuda’s wishes, and accordingly, whether Ofcom had power to adjudicate in the dispute between Bermuda and the Isle of Man. Bermuda contended that Ofcom was obliged to refer its concerns to the ITU. Goldring J rejected the claim. His Lordship concluded that Ofcom was required to resolve a conflict between the Isle of Man and Bermuda, both of which it represented. It was necessary or incidental to Ofcom’s duty to represent both territories that it had the power to resolve the dispute between Bermuda and the Isle of Man, and that its approach to that dispute was lawful.

Christopher Vajda QC and Tim Ward acted for Ofcom.

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Tim Ward QC

Judgment was given on 8 August 2008 in British Afternoon Greyhound Racing Services (and others) v Amalgamated Racing Ltd (and others). The case concerned a challenge under Article 81/Chapter I to the lawfulness of licensing arrangements for the supply of a new televised service, known as Turf TV, which shows live horseracing in licensed betting offices (“LBOs”).

Until the advent of Turf TV, there was a single monopoly supplier of live televised horseracing in LBOs known as SIS. In order to introduce competition into the market, 31 British racecourses entered into a joint venture with Alphameric to create a new distributor, AMRAC, with the racecourses licensing their exclusive LBO rights to AMRAC. The claimants, which included three of the four largest bookmakers in the UK, alleged that the courses had licensed their LBO rights on a collective, exclusive and closed basis in breach of Article 81/Chapter I. During the course of the trial, it was also alleged that the racecourses and AMRAC had engaged in price fixing.

The claim was comprehensively dismissed by Mr Justice Morgan who found that there had been no price fixing and that the licensing arrangements did not infringe Article 81(1) or Chapter I. Judgment on a counterclaim alleging collusion by some of the claimants in collectively refusing to take the new Turf TV service and denying sponsorship to courses that had joined in the new venture will be given separately next term.

The defendants were represented by Peter Roth QC, Paul Harris, Ronit Kreisberger and Ewan West instructed by Wiggin LLP.

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Paul Harris QC
Ronit Kreisberger
Ewan West

 

Following on from the Case Management Conference held at the Competition Appeals Tribunal on 31st July 2008, Tesco’s appeal against the findings of the Competition Commission’s recent Grocery Market Inquiry has been fixed for a three day hearing commencing on 11th November 2008. Barristers from Monckton Chambers are representing several parties in these proceedings.

Julian Gregory is junior Counsel to Tesco.

Peter Roth QC, Daniel Beard, Valentina Sloane and Ewan West are representing the Competition Commission.

Tim Ward is representing ASDA.

Kassie Smith is representing Waitrose, and Elisa Holmes is representing the Association of Convenience Stores, all as interveners.

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Tim Ward QC
Daniel Beard QC
Kassie Smith QC
Valentina Sloane
Julian Gregory
Elisa Holmes
Ewan West

Transport for London Oyster card contractor EDS has, this week, been seeking an injunction preventing TfL from entering into a contract for the provision of the same services solely with EDS’s current consortium partner, Cubic. TfL proposes to terminate its contract with TranSys – through which EDS and Cubic together provide the current services – and to contract with Cubic directly, following the deterioration of the relationship between EDS and TfL. Mr Justice McKay is expected to deliver his decision this afternoon.

Paul Lasok QC and Elisa Holmes represented Transport for London, instructed by Herbert Smith.

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Paul Lasok QC
Elisa Holmes

A Case Management Conference at the Competition Appeals Tribunal on 31st July 2008 will be the first hearing in relation to Tesco’s appeal against the findings of the Competition Commission’s recent Grocery Market Inquiry. Barristers from Monckton Chambers are representing several parties in these proceedings.

Julian Gregory is junior Counsel to Tesco.

Peter Roth QC, Daniel Beard, Valentina Sloane and Ewan West are representing the Competition Commission.

Tim Ward is representing ASDA

Kassie Smith is representing Waitrose, and Elisa Holmes is representing the Association of Convenience Stores, all as interveners.

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Tim Ward QC
Daniel Beard QC
Kassie Smith QC
Valentina Sloane
Julian Gregory
Elisa Holmes
Ewan West

Melanie Hall QC has accepted an invitation to join other leading tax experts on the Editorial Board of The Tax Journal. The Tax Journal is a weekly UK publication from Lexis Nexis, aimed at all those who provide tax advice to and within the business community, whether they are tax practitioners or lawyers. It concentrates mainly on corporate tax, international tax, VAT and other indirect taxes.

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Melanie Hall QC

UK Sport’s drug testing procedures were under attack in the Court of Arbitration for Sport last week. In appeals from the British Weightlifter’s Association Disciplinary Panel, two weightlifters undertook a wholesale attack on the sample collection procedures undertaken by UK Sport at the British National Championships and also on the sample testing procedures undertaken at King’s College’s Drug Control Centre on behalf of UK Sport. Doubt could be cast on positive doping findings undertaken by UK Sport across many sports in the UK in the event the Appellants are successful.

Elisa Holmes represented the British Weightlifters Association, defending UK Sport’s procedures.

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Elisa Holmes

Michael M.Collins S.C. a door tenant of Monckton Chambers, has been elected as Chairman of the Bar Council of Ireland. Michael is a senior counsel practising primarily from Dublin, specialising in commercial litigation, competition law, EU law, constitutional law and judicial review. He was called to the Irish Bar in 1978, to the English Bar in 1987 and took silk in Ireland in 1994. He is also a member of the Bars of New York (having practised there with Sherman & Sterling in the early 1980s and was called to the Bar of the United States Supreme Court in 2003). The variety of Michael’s practice can be seen from the fact that he acted for BUPA in its successful challenge to the risk equalisation scheme introduced by the Irish Government to the health insurance industry in Ireland (Irish Supreme Court decision 16th July 2008) and, in a case pending before the Irish Supreme Court, he is acting for two gay women, arguing that they have a right to marry under the Irish Constitution and under the European Convention on Human Rights.

Michael has been a member of the Bar Council of Ireland for the past 4 years and has been Vice-Chairman for the past year. He was re-elected to the Bar Council two weeks ago with the largest vote in the history of Bar Council elections and was elected as Chairman of the Bar Council on the 18th July 2008.

“It is a tremendous honour to have been elected as Chairman of the Bar Council and my priority is to ensure that irrespective of the regulatory environment, members of the Irish Bar can continue to act as utterly independent and fearless advocates for clients while maintaining the highest possible standards of professionalism and integrity” Michael said. “It is also vital that we maintain the links between the independent referral Bars of the world and I particularly value my membership of Monckton Chambers in that context as well.”

Paul Lasok QC, Head of Chambers, said: “Michael’s colleagues at Monckton Chambers all send their congratulations. It is a well-deserved appointment”.

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Michael Collins SC

On 17 July the Administrative Court granted permission for a judicial review of the Government’s decision to approve the Expression of Interest submitted by University College London for the establishment of an academy in the London Borough of Camden. The challenge alleges that there has been a breach of the EU rules on public procurement.

Christopher Vajda QC is acting for the Secretary of State for Children, Schools and Families.