Podcast Location:
Download it here [file size: 18.7 MB]
Categories:
Competition Law & Anti-Trust
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to examine 2 recent competition law decisions that touch on a range of issues affecting lawyers who advise in this area. The first case addresses the question of whether companies can recover competition fines from individuals. The implications such a possibility would have for companies, executives, insurers and competition policy in general are then considered. The second case is important as it is the first time that a competition private damages action has reached full trial. This podcast examines the guidance provided by the Court of Appeal as to which findings of fact made by a regulator in its infringement decision can be relied on by a claimant in a follow-on claim.

Outcomes:
After completing the course you will:
  • Understand the nature of the claims brought by Safeway Stores Ltd against its former executives ;
  • Know the arguments put forward by the Defendants for why these claims should be struck out ;
  • Understand why the Commercial Court thought that these defences did not warrant striking out the claim ;
  • Know the guidance provided by the Court of Appeal about the scope of a follow-on claim brought under s.47A of the Competition Act 1998.
Level:
Beginner Difficulty: 1 of 5
Classification:
Case Update
Sources and References:
  • Safeways Stores Ltd v Twigger & ors (2010) EWCH 11 (Com) ;
  • English Welsh & Scottish Railway Ltd v Enron Coal Services Ltd (in Liquidation) [2009] EWCA Civ 647, 1 July 2009 ;
  • Enron Coal Services Ltd (in Liquidation) v English Welsh & Scottish Railway Ltd [2009] CAT 36, 21 December 2009.
Tags:

This podcast looks at 2 recent competition law cases: Safeways Stores Ltd v Twigger & ors (2010) EWCH 11 (Com) in which the Commercial Court, in the context of a strike out claim, considers the personal liability of a company's directors and employees for breaches of competition law and English Welsh & Scottish Railway Ltd v Enron Coal Services Ltd (in Liquidation) [2009] EWCA Civ 647, 1 July 2009 in which the Court of Appeal provides guidance on follow on claims which can be brought under s.47A of the Competition Act 1998.

podcast added 15/05/2010

Podcast last reviewed: 2011-09-29

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