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Commercial: Case Law, Legislation, Links 18-06-15

Commercial: Case Law, Legislation, Links 18-06-15

Postby dls » Thu Jun 18, 2015 4:37 am

Commercial, Agency, Competition, Restrictive Trade Practices
Please take the time to explore these links. Once you get used to what is provided, the power to enquire about the law is properly substantial. Suggestions for further leading cases, statutes, links and corrections are always welcome. I give my warm thanks to those who have suggested material.

Case law:
Leading Cases:
    Getmapping plc -v- Ordnance Survey; ChD 31-May-2002 - The claimant sought an injunction to prevent the defendant using its overwhelming resources to enter into and take over the provision of computer based mapping services in the UK. Held: The proper issue was not the use or origin of the resources to be used by a dominant member of the market, save only when such resources had been acquired themselves through anti-competitive, or other wrongful behaviour.
    Oracle America Inc -v- M-Tech Data Ltd; SC 27-Jun-2012 - The appellant complained that the respondent had imported into the European Economic Area disk drives bearing its trade marks in breach of the appellant’s rights. The respondent had argued that the appellant had abused its position by withholding information which would allow it to trade lawfully. The Court was now asked: ‘whether a person who has imported goods bearing the mark into the EEA and offered them for sale there without the consent of the trade mark proprietor, is entitled to defend an action for infringement on the ground that the proprietor of the mark is engaged in conduct calculated to obstruct the free movement of such goods between member states or to distort competition in the EEA market for them.’
      Protection of Trading Interests Act 1980 / 11 -|- Case law -|- See Also:, International
      An Act to provide protection from requirements, prohibitions and judgments imposed or given under the laws of countries outside the United Kingdom and affecting the trading or other interests of persons in the United Kingdom.
      Competition Act 1980 / 21 -|- Case law
      An Act to abolish the Price Commission; to make provision for the control of anti-competitive practices in the supply and acquisition of goods and the supply and securing of services; to provide for references of certain public bodies and other persons to the Monopolies and Mergers Commission; to provide for the investigation of prices and charges by the Director General of Fair Trading; to provide for the making of grants to certain bodies; to amend and provide for the amendment of the Fair Trading Act 1973; to make amendments with respect to the Restrictive Trade Practices Act 1976; to repeal the remaining provisions of the Counter-Inflation Act 1973; and for purposes connected therewith.
      Business Names Act 1985 / 7 -|- Case law -|- See Also:, Company
      An Act to consolidate certain enactments relating to the names under which persons may carry on business in Great Britain.
      Civil Jurisdiction and Judgments Act 1991 / 12 -|- Case law -|- See Also: Jurisdiction
      An Act to give effect to the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, including the Protocols annexed thereto, opened for signature at Lugano on 16th September 1988; and for purposes connected therewith.
      The Commercial Agents (Council Directive) (Amendment) Regulations 1998 / 2868 -|- Case law -|- See Also: Agency, European
      Late Payment of Commercial Debts (Interest) Act 1998 / 20 -|- Case law -|- See Also: Contract, Damages
      An Act to make provision with respect to interest on the late payment of certain debts arising under commercial contracts for the supply of goods or services; and for connected purposes.
      Late Payment of Commercial Debts (Interest) Act 1998 / 20 -|- Case law -|- See Also: Contract
      An Act to make provision with respect to interest on the late payment of certain debts arising under commercial contracts for the supply of goods or services; and for connected purposes.
      Competition Act 1998 / 41 -|- Case law -|- See Also:, Consumer
      An Act to make provision about competition and the abuse of a dominant position in the market; to confer powers in relation to investigations conducted in connection with Article 85 or 86 of the treaty establishing the European Community; to amend the Fair Trading Act 1973 in relation to information which may be required in connection with investigations under that Act; to make provision with respect to the meaning of "supply of services" in the Fair Trading Act 1973; and for connected purposes.
      The Dual-Use Items (Export Control) Regulations 2000 / 2620 -|- Case law -|- See Also: Customs and Excise
      The Secretary of State, being a Minister designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the control of the export of goods and measures relating to trade in dual-use items, including the transmission of software and technology in intangible form, in the exercise of the powers conferred on him by that section, hereby makes the following Regulations:
      Electronic Communications Act 2000 / 7 -|- Explanatory Note -|- Case law -|- See Also: Contract, Media
      An Act to make provision to facilitate the use of electronic communications and electronic data storage; to make provision about the modification of licences granted under section 7 of the Telecommunications Act 1984; and for connected purposes.
      Export Control Act 2002 / 28 -|- Explanatory Note -|- Case law -|- See Also: Customs and Excise
      An Act to make provision enabling controls to be imposed on the exportation of goods, the transfer of technology, the provision of technical assistance overseas and activities connected with trade in controlled goods; and for connected purposes.
      Communications Act 2003 / 21 -|- Explanatory Note -|- Case law -|- See Also: Media
      An Act to confer functions on the Office of Communications; to make provision about the regulation of the provision of electronic communications networks and services and of the use of the electro-magnetic spectrum; to make provision about the regulation of broadcasting and of the provision of television and radio services; to make provision about mergers involving newspaper and other media enterprises and, in that connection, to amend the Enterprise Act 2002; and for connected purposes.
      International Development (Reporting and Transparency) Act 2006 / 31 -|- Case law -|- See Also: International
      An Act to require the Secretary of State to report annually on total expenditure on international aid and on the breakdown of such aid, and in particular on progress towards the target for expenditure on official development assistance to constitute 0.7 per cent of gross national income; to require such reports to contain information about expenditure by country, about the proportion of expenditure in low income countries and about the effectiveness of aid expenditure and the transparency of international aid; and for connected purposes.
      The Late Payment of Commercial Debts Regulations 2013 / 395 -|- Explanatory Note -|- Case law -|- See Also:, Contract
      Enterprise and Regulatory Reform Act 2013 / 24 -|- Case law -|- See Also: Banking, Intellectual Property, Information, Insolvency
      An Act to make provision about the UK Green Investment Bank; to make provision about employment law; to establish and make provision about the Competition and Markets Authority and to abolish the Competition Commission and the Office of Fair Trading; to amend the Competition Act 1998 and the Enterprise Act 2002; to make provision for the reduction of legislative burdens; to make provision about copyright and rights in performances; to make provision about payments to company directors; to make provision about redress schemes relating to lettings agency work and property management work; to make provision about the supply of customer data; to make provision for the protection of essential supplies in cases of insolvency; to make provision about certain bodies established by Royal Charter; to amend section 9(5) of the Equality Act 2010; and for connected purposes.
      Small Business, Enterprise and Employment Act 2015 / 26 -|- Explanatory Note -|- Case law -|- See Also: Employment, Company
      The Act takes forward a range of Government commitments which are intended to ensure that the United Kingdom continues to be recognised globally as a trusted and fair place to do business and open up new opportunities for small businesses to innovate and compete. It will strengthen the current system and deliver the UK’s 2013 G8 commitments to introduce new rules requiring companies to obtain, and hold, information on who owns and controls them, with a view to increasing trust and encouraging investment and growth within the UK. It will also give the Treasury a power to require public sector workers to repay exit payments if they are reemployed in the public sector; tackle misconduct by directors and unfair employment practices; provide reforms to increase the efficiency of the Employment Tribunals system and further reduce its burden on small businesses; and ensure a strong regulatory regime for those that administer insolvencies.
      Consumer Rights Act 2015 / 15 -|- Case law -|- See Also: Consumer, Contract, Media
      An Act to amend the law relating to the rights of consumers and protection of their interests; to make provision about investigatory powers for enforcing the regulation of traders; to make provision about private actions in competition law and the Competition Appeal Tribunal; and for connected purposes.

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