Aggregates Levy State Aid Appeals Withdrawn after hearing but before judgment

12 Feb 2019 | by Claire Alderman

A Complex dispute concerning the Aggregates Levy has now been concluded after over 14 years of litigation in the European and domestic courts. Three separate but linked appeals to the General Court have been withdrawn after hearings in Luxemburg  but before Judgments were handed down. The Aggregates Levy was introduced by the UK Government in […]

Court of Appeal rules on temporal scope of EU competition law

29 Jan 2019 | by Monckton Chambers

In a judgment handed down today in the air cargo cartel damages litigation, the Court of Appeal (Master of the Rolls; Flaux and Bean LJJ) has held that the national court did not have jurisdiction to award damages for a contravention of what is now Article 101 TFEU in relation to collusion on surcharges on […]

NHS wins £1billion Hepatitis drug challenge

18 Jan 2019 | by Monckton Chambers

ABBVIE LIMITED -v- THE NHS COMMISSIONING BOARD (OPERATING AS NHS ENGLAND) [2019] EWHC 61 (TCC) Pharma giant AbbVie challenged the largest NHS drug procurement ever undertaken, for contracts to treat and eliminate Hepatitis C (“HCV”) worth about £1 billion over five years commencing April 2019. The procurement is a “whole market” procurement, to award market […]

Concordia warrant challenge is dismissed

16 Jan 2019 | by Monckton Chambers

The High Court (Marcus Smith J) has today dismissed Concordia’s long running challenge to the warrant granted to the CMA in respect of Concordia’s premises in October 2017. The ruling concerns the first challenge to a warrant granted under the Competition Act 1998. The decision is the subject of an open judgment in which the […]

33 members of Monckton Chambers in seven of The Lawyer Top 20 cases for 2019

15 Jan 2019 | by Monckton Chambers

The Lawyer magazine has published its “Top 20 cases of 2019” revealing that “last year, public interest cases took centre stage in the English courts, with this set to intensify in the run-up to Brexit. The Lawyer Top 20 Cases 2019 also highlights new battles over patents, big-ticket competition claims and intense scrutiny over the […]

Google v CNIL: Advocate General agrees global “right to be forgotten” orders pose risk to freedom of expression

11 Jan 2019 | by Monckton Chambers

The Court of Justice of the European Union has published the Advocate General’s Opinion in Case C-507/17 Google Inc v Commission nationale de l’informatique et des libertes (CNIL). In his opinion, Advocate General Maciej Szpunar advised that de-referencing requests under the CJEU’s decision in Google Spain v Gonzales et al (the so-called ‘right to be […]

Judgments in Servier ‘Pay for Delay’ Appeals

17 Dec 2018 | by Monckton Chambers

The General Court (‘GC’) of the European Union has confirmed the Commission’s Decision that certain patent settlement agreements may be restrictive of competition by object but has upheld in part certain aspects of the appeals against the Decision, including Servier’s appeal in relation to a finding of an abuse of a dominant position in relation […]

Early dismissal of a £39m Commercial Court fraud and conspiracy claim

12 Dec 2018 | by Monckton Chambers

A £39 million Commercial Court fraud and conspiracy claim has been struck out and summary judgment entered in the Defendants’ favour.The Claimant had been majority shareholder of Allerton Group Limited (“AGL”), the parent of a group involving steel fabrication and bridge building. The group entered administration in 2009 as a result of cashflow pressures. The […]

CJEU Advocate General concludes that notice under Article 50 TEU is unilaterally revocable

04 Dec 2018 | by Monckton Chambers

The Court of Justice of the European Union has published the Advocate General’s Opinion in Case C-621/18 Wightman and Others v Secretary of State for Exiting the European Union. In his opinion, Advocate General Campos Sánchez-Bordona concludes: “When a Member State has notified the European Council of its intention to withdraw from the European Union, […]