European Commission Fines Visa £10.2 million

03 Oct 2007 | by Caroline Sweeney

On 3rd October 2007 the European Commission fined Visa for infringing Art 81 of the EC Treaty and Art 53 of the EEA Agreement. In 2000 Morgan Stanley complained to the Commission about Visa’s refusal to admit Morgan Stanley Bank (“MSB”) in the UK as a member of Visa.  Visa followed an internal rule of […]

Two New Tenants

01 Oct 2007 | by Caroline Sweeney

Monckton Chambers is delighted to welcome two new tenants after the successful completion of their pupillage on 2nd October 2007.  Both Fiona Banks and Ewan West have gained valuable experience outside the Bar which supports our beliefs of being a progressive and forward thinking set which understands the commercial pressure its clients are under. Before coming […]

Book News ~ “UK Competition Procedure – The Modernised Regime”

29 Sep 2007 | by Caroline Sweeney

This book, published by Oxford University Press in March 2007, provides readers with a comprehensive reference to the procedures for the enforcement of competition law in the UK following the implementation of the EC modernisation regulation which came into effect on 1 May 2004.  It deals with topics such as leniency, enforcement, information gathering and […]

Firebuy Resists Heat Brought On By Procurement Injunction Challenge

28 Sep 2007 | by Caroline Sweeney

Firebuy, a non-departmental public body sponsored by the Department for Communities and Local Government, has successfully resisted an application for an interim injunction in a procurement claim by Lion Apparel.  The injunction, if granted, would have prevented Firebuy from entering into a contract for the supply of a new national uniform for firefighters. The challenge […]

Ex-Works Argument Dispatched by the ECJ

27 Sep 2007 | by Caroline Sweeney

Case C-409/04, The Queen, on the application of Teleos plc and others v HMCE The applicants were UK mobile phone traders who had supplied phones to a Spanish company.  The goods’ destination was France or Spain and the traders argued that by placing the goods at the purchasers’ disposal at a UK bonded warehouse under […]

Calltel Telecom Ltd and Opto Telelinks (Europe) Ltd ~ News Update

14 Sep 2007 | by Caroline Sweeney

Following the ECJ’s judgment in Kittel v Belgium, the scope and application of the “means of knowledge” (“MoK”) test in cases of “Missing Trader Intra-Community” VAT fraud (“MTIC” or “carousel” fraud) has been considered twice at interim hearings in UK cases: in Dragon Futures Limited (Decision of the VAT & Duties Tribunal dated 10 October […]

Premier League Panel’s Ruling on Heinze Transfer

29 Aug 2007 | by Caroline Sweeney

After a two-day hearing on 20th and 21st August 2007 the Premier League’s Arbitration Panel decided that Manchester United would not be forced to sell Gabriel Heinze to Liverpool. The arbitration centred on a letter dated 13th June 2007 which according to Heinze gave him written permission to pursue a transfer to another club. The […]

Welsh Water Allowed to Appeal CAT Decision

20 Aug 2007 | by Caroline Sweeney

The Court of Appeal (Rix, Thomas LJJ) has granted Dwr Cymru Cyfyngedig (Welsh Water) permission to appeal against two judgments of the Competition Appeal Tribunal (CAT) in Albion Water Ltd v Water Services Regulation Authority. The permission is limited to two issues, namely whether: the CAT applied the wrong legal test for margin squeeze in […]

Successful Challenge to NICE on Access to Alzheimer’s Drugs

10 Aug 2007 | by Caroline Sweeney

Today the High Court handed down judgment in the case of R (Eisai Ltd) (Alzheimer’s Society & Shire Ltd, Interested Parties) v. the National Institute for Health and Clinical Excellence. In her judgment, Mrs Justice Dobbs ruled that NICE had failed in its duty to ensure that its guidance was not discriminatory and that there […]

Competition/EU Set of the Year Nomination

26 Jul 2007 | by Caroline Sweeney

We are delighted to announce that Monckton Chambers has been nominated as “Set of the Year” for Competition and EU for the third year running as part of the Chambers Bar Awards 2007 held in recognition of the high quality work done at the Bar.  These nominations are the result of research conducted for the next […]


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