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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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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