Judgment in Royal Mail abuse of dominance case with all-Monckton cast list

12 Nov 2019 | by Monckton Chambers

The Competition Appeal Tribunal has today dismissed Royal Mail’s appeal against a finding by Ofcom that it abused its dominant position to exclude a competitor. The Tribunal’s judgment provides guidance as to the approach for deciding whether conduct is an abuse of dominance. In particular, the Tribunal considered the CJEU judgment in Intel and decided […]

Competition law challenge to Premiership Rugby salary cap rejected – Julian Gregory represented Premiership Rugby

05 Nov 2019 | by Monckton Chambers

Saracens v Premiership Rugby An independent panel, chaired by Lord Dyson, has rejected a competition law challenge to Premiership Rugby’s salary cap, and imposed a points deduction of 35 league points and a fine of £5.3m on Saracens rugby club for breaching the salary cap regulations. The rugby union salary cap is one of several […]

Philip Moser QC and Ewan West act in first Concessions Contracts case

18 Oct 2019 | by Monckton Chambers

Ocean Outdoor v London Borough of Hammersmith & Fulham [2019] EWCA Civ 1642 The Court of Appeal has given judgment in Ocean Outdoor, the first case turning on the Concessions Contract Regulations 2016 (“the CCRs”). The lead judgment was given by Coulson LJ, formerly the presiding judge in the TCC which is the preferred jurisdiction […]

High Court dismisses challenge to BEIS’ smart meter programme

07 Oct 2019 | by Monckton Chambers

Utilita Energy Limited v Secretary of State for BEIS Lewis J has dismissed an application for judicial review of three decisions dealing with the rollout of the Government’s smart metering programme. Since 2011, the Department for Business, Energy, Innovation and Skills (BEIS) has been progressing a flagship policy to ensure that every domestic home has […]

Boundary Fares CPO stayed pending Mastercard in Supreme Court

26 Sep 2019 | by Square Eye

The Competition Appeal Tribunal has ordered a stay in the pending application for a Collective Proceedings Order in the “Boundary Fares” claims brought by Mr Justin Gutmann as the proposed representative of class of rail passengers against the operators of the South Eastern and Southwestern rail franchises.

Philip Woolfe and Stefan Kuppen acted for Achilles in successful CAT claim against Network Rail

25 Sep 2019 | by Monckton Chambers

1298/5/7/18 Achilles Information Limited v Network Rail Infrastructure Limited The Competition Appeal Tribunal has found that Network Rail had acted unlawfully in accepting only supplier assurance provided by the Rail Safety Standard Board’s RISQS scheme for the purposes of its Sentinel and On Track Plant Operating Schemes which govern physical access to its infrastructure by […]

European General Court upholds Commission’s finding that HSBC violated competition law – Commission represented by Ben Lask

25 Sep 2019 | by Monckton Chambers

HSBC vs European Commission On a day of important judgements, the EU General Court delivered another one in the first of three appeals concerning the manipulation of the “Euribor” inter-bank lending rate. Back in 2007, HSBC had colluded with a number of other banks to fix the Euribor – a benchmark rate on which the […]

Google v CNIL: Court of Justice limits territorial scope of the Right to be Forgotten

24 Sep 2019 | by Monckton Chambers

Google vs Commission nationale de l’informatique et des libertés (CNIL) In a landmark judgment for freedom of expression and access to information, the Court of Justice of the European Union has today held that the ‘Right to be Forgotten’ under EU law does not require search engines to de-list search results on a global basis. […]