Competition Case Report - May 2010
- Podcast Location:
- Download it here [file size: 18.7 MB]
- Categories:
-
Competition Law & Anti-Trust
- CPD Points:
- Up to 1 point. details »
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Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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- 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
- 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.
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
