The General Court confirms the fines of over €300 million that the Commission imposed on the main European and Asian producers of (extra) high voltage power cables for their participation in a worldwide cartel

12 Jul 2018 | by Monckton Chambers

By decision of 2 April 2014,1 the Commission imposed fines of over €300 million on a number of producers of (extra) high voltage underground and/or submarine power cables for participating in an anticompetitive cartel. Such cables are typically used to transmit and distribute electricity and to interconnect power grids in different countries. According to the […]

Vattenfall jurisdiction judgment

05 Jul 2018 | by Monckton Chambers

The High Court rejected a jurisdiction challenge by Prysmian and NKT, defendants in a UK follow-on damages claim being brought by Vattenfall the state-owned Swedish electrical wind power company and others following the Commission’s power cable cartel decision. The judgment as handed down on 4 June 2018 is here. A case note will follow. Philip […]

MasterCard and Visa judgments on interchange fees overturned on appeal

04 Jul 2018 | by Monckton Chambers

After an unprecedented 10-day hearing, the Court of Appeal handed down judgment today in the three linked appeals on the lawfulness of interchange fees, in Sainsbury’s v MasterCard (Competition Appeal Tribunal), Asda and others v MasterCard (Commercial Court) and Sainsbury’s v Visa (Commercial Court). In the UK, interchange fees are fees charged on all card […]

Award of Lancashire Children’s Services Contract to Virgin Care Set Aside

22 Jun 2018 | by Monckton Chambers

Lancashire Care NHS Foundation Trust v Lancashire County Council [2018] EWHC 1589 (TCC) The High Court (Mr Justice Stuart Smith) has today handed down a judgment setting aside the award of a contract for public health nursing services by Lancashire County Council to Virgin Care Services Limited.  The Court has upheld a challenge made by […]

Flynn / Pfizer v CMA: the CMA misapplied the test for excessive pricing

07 Jun 2018 | by Monckton Chambers

The Competition Appeal Tribunal handed down a Judgment today setting aside parts of the CMA’s decision imposing combined fines on the pharmaceutical companies, Pfizer and Flynn, of around £90 million for charging unfairly high prices for the anti-epileptic drug, phenytoin sodium capsules, in breach of Article 102 TFEU / the Chapter II prohibition. Although the […]

Ronit Kreisberger – Joint Lead Counsel for European Commission Written Observations on MasterCard and Visa MIF claims

05 Jun 2018 | by Ronit Kreisberger

On 23 May, the European Commission published its Written Observations submitted under Article 15(3) of Regulation 1/2003 in the Appeals in the English Court of Appeal against the 3 first instance Judgments dealing with the claims against MasterCard and Visa for recovery of multilateral interchange fees (MIFs). Article 15(3) provides that the Commission may, acting […]

Bratt v. HMRC – formal requirements for VAT repayment claims

05 Jun 2018 | by Raymond Hill

The Court of Appeal has decided that VAT repayment claims made under section 80 VATA must refer to quarterly or monthly accounting periods. In Bratt, the taxpayer purported to make a Fleming claim for the whole of 1989 without identifying which of the sums claimed related to particular accounting periods. The Court of Appeal agreed […]