Podcast Location:
Download it here [file size: 24.7 MB]
Categories:
Competition Law & Anti-Trust
CPD Points:
Up to 1 point. details »

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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:
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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 the case of Safeway Stores v Twigger [2010] and the possible consequences of the ruling

Outcomes:
After completing the course you will:
  • Understand why in 2005 the OFT opened an investigation into a possible supermarket cartel;
  • Know what is meant by an early resolution;
  • Understand exactly what the claim in Twigger involved;
  • Appreciate the grounds of the strike out action entered by the Defendants which contended that the claim against them should be barred as a matter of public policy;
  • Understand why the court refused the application;
  • Understand what is meant by the illegality rule;
  • Know the possible implications the ruling will have on companies, executives and insurers;
  • Appreciate the wider competition policy concerns that may stem from the Twigger ruling.
Level:
Beginner Difficulty: 1 of 5
Classification:
Case Update
Sources and References:
  • Twigger [2010] EWHC 11 (Comm).
Tags:

In this podcast, Christopher Brown, a barrister at Matrix Chambers, will be examining the case of Twigger and the possible implications of the ruling. He will explain the background to the case namely the 2005 OFT investigation into a suspected supermarket cartel and how Safeway entered an ‘early resolution’ once the OFT had released it’s statement of objections. He will then discuss the case of Twigger itself namely why three companies in the Safeway Group brought a claim in the commercial court for damages against 8 former safeway employees and why the Court turned down the Defendants’ strike application. The application contended that the claim against them should be barred as a matter of public policy due to the illegality rule and that it was inconsistent with the scheme of the UK competition regime. He will conclude the podcast by looking at the possible implications of the ruling on companies and executives, and insurers. He will also examine the wider competition policy concerns in particular the possible erosion to the effectiveness of cartel leniency and settlement policies and the deterrent effect of fines.

Podcast last reviewed: 2011-09-26

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