Georgia v Russian Federation ~ First Inter-State Case Application at ECHR Since 1998

28 Mar 2007 | by Monckton Chambers

On 26 March 2007 the Georgian Government lodged an inter-State case with the European Court of Human Rights (ECHR) against the Russian Federation.  The Monckton Chambers team was chosen to represent Georgia because of their ability to offer the expertise needed in this international case. The case is the first inter-State case brought using the […]

Parking Tickets Posted after Drive Aways ~ Adjudicators Vindicated in TfL Challenge

27 Mar 2007 | by Caroline Sweeney

The Administrative Court gave judgment in a further test case involving ‘penalty charge notices’, more commonly known as ‘parking tickets’, which affects millions of people every year: R(Transport for London) v The Parking Adjudicator. The general rule is that a parking attendant must serve a parking ticket on the spot by fixing it to the […]

When Can the Grant of a 3G Mobile Licence Involve State Aid?

15 Mar 2007 | by Caroline Sweeney

The Court of First Instance (CFI) heard an important state aid case, T-475/04, which raises the question of in what circumstances the grant of 3G mobile licences can involve state aid. Bouygues, the number 3 operator in France has challenged a decision of the European Commission that the grant of 3G licences to SFR and […]

CAT Dismisses Appeal against Cartel Penalty

14 Mar 2007 | by Caroline Sweeney

  The Competition Appeal Tribunal has dismissed an appeal against a cartel penalty imposed under Chapter I of the Competition Act 1998 against Sepia Logistics Ltd, formerly Double Quick Supplyline Limited. The appellant manufactured components for use in double glazed windows.  It admitted its liability for what the Tribunal described as a “very serious infringement” […]

Interim Injunction Application against Pfizer Dismissed

05 Mar 2007 | by Caroline Sweeney

The High Court (Chancery Division) dismissed (on Friday 2 March 2007) an application for an interim injunction by AAH Pharmaceuticals Limited and 7 other pharmaceutical wholesalers to restrain the implementation of Pfizer Limited’s new distribution arrangements for its prescription drugs in the UK, which include the drugs Lipitor and Viagra. The claimants claim that the […]

‘C’ Panel Announcements

01 Mar 2007 | by Caroline Sweeney

We are pleased to announce that Ronit Kreisberger has been appointed to the Attorney General’s ‘C’ Panel of Junior Counsel to the Crown. Ronit specialises in European, competition and public law, with a particular focus on EC/UK competition and regulatory work, procurement and general European law. This appointment consolidates the recent appointments to the A […]

Off-street Car Parking Referred to Luxembourg

19 Feb 2007 | by Caroline Sweeney

Commissioners for Her Majesty’s Revenue and Customs v Isle of Wight Council and others [2007] EWHC 219 (Ch) Under Article 4.5.2 of the Sixth VAT Directive public authorities are required to charge VAT on their supplies, when not to require them to do so “would lead to significant distortions of competition” with private sector operators.  […]

Greenpeace Wins its High Court Bid

15 Feb 2007 | by Caroline Sweeney

The High Court delivered judgment in Greenpeace v Secretary of State for Trade and Industry on 15th February 2007.  Greenpeace sought to challenge the Government’s decision in the Energy Review Report 2006, The Energy Challenge, published on 11 July 2006, to support nuclear new build as part of the United Kingdom’s future energy-generating mix. The […]

Newest Additions to the ‘A’ and ‘B’ Panels

12 Feb 2007 | by Caroline Sweeney

We extend our warmest congratulations to Paul Harris and Tim Ward who have been elevated to the A Panel of Junior Counsel to the Crown and to Ian Hutton and Meredith Pickford for their elevation to the B Panel. Similarly, we are also very pleased to announce that Ian Rogers’ application to the B Panel […]

Abuse of Dominance by Excessive Prices ~ How Much is too Much?

02 Feb 2007 | by Caroline Sweeney

The Court of Appeal has handed down its keenly anticipated judgment in Attheraces Limited v. The British Horseracing Board Limited [2007] EWCA Civ 38 (judgment of 2 February 2007) which raised an important question which has long been a source of considerable difficulty for competition lawyers: at what point do prices charged by a dominant […]


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