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Competition

29 July 2016
Issue: 7709 / Categories: Case law , Law digest , In Court
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Gallaher Group Ltd and another v Competition and Markets Authority [2016] EWCA Civ 719, [2016] All ER (D) 83 (Jul)

The Court of Appeal allowed the claimants’ appeal against refusal of their judicial review challenge of two decisions made by the defendant’s predecessor, the Office of Fair Trading (OFT). There had been a plain breach of the principle of equal treatment and fairness in the OFT’s decisions to have given, and acted upon, assurances to another company that, if it entered into an early resolution agreement, it would receive the benefit of any successful appeal by other companies being investigated without itself having to appeal. That unequal treatment had not been objectively justified.

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
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After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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