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10 March 2011
Issue: 7456 / Categories: Legal News
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Competitive advantage

New scheme to accelerate Competition Act investigations

The Office of Fair Trading (OFT) is to pilot a procedural disputes scheme to speed up Competition Act investigations.

The new scheme, which is due to launch later this month on a one-year trial basis, will see the appointment of a procedural adjudicator to review decisions on procedural issues during an investigation. Jackie Holland, formerly the OFT’s director of competition policy, has been appointed to the role.

Parties to investigations and their lawyers will be able to apply to the procedural adjudicator for a review of procedural decisions such as deadlines for companies. The adjudicator will aim to reach a decision within 10 working days. Previously, parties had to apply to the senior responsible officer, a process that businesses said took too long.

Last week, the OFT launched its final guidance on procedure. New measures include: offering informal pre-complaint discussions to help potential complainants assess whether it is worth their while bringing a complaint; a commitment to decide whether to open a case no later than four months after receiving a

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MOVERS & SHAKERS

Birketts—Nathan Evans

Birketts—Nathan Evans

Commercial and technology team in Cambridgestrengthened by partner hire

Andrew & Andrew Solicitors—Shikha Datta

Andrew & Andrew Solicitors—Shikha Datta

Hampshire firm appoints head of new family department

Latham & Watkins—Sarah Lightdale

Latham & Watkins—Sarah Lightdale

Firm strengthens securities practice with partner return

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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