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Which? has filed a £3bn claim against Apple with the Competition Appeal Tribunal, alleging breaches of UK competition law. The action accuses Apple of...
Law360, London: : The EU's antitrust watchdog hit Meta Platforms Inc with a €797.8m fine on 14 November 2024 for giving its Facebook Marketplace an...
This week's edition of Commercial weekly highlights includes: analysis of the Supreme Court decision in SkyKick UK Ltd v Sky Ltd in which Sky was held...
The European Commission has imposed a €797.72m fine on Meta for violating EU antitrust rules. The company was found to have abused its dominant...
The Supreme Court unanimously confirmed that the time bars set out in the Hague Rules and the Hague Visby Rules apply to breaches of duty by carriers...
Discontinuing a public procurement processIntroductionA contracting authority may decide to discontinue an award procedure. This Practice Note...
Commercial trackerThis commercial tracker tracks the progress of UK consultations, calls for evidence and inquiries, legislation (including Bills in...
Carriage of goods by sea—charterpartiesThis Practice Note explains the law relating to charterparties in the context of an arrangement for the...
Standard terms and conditions—incorporationThis Practice Note summarises the practical steps which a business can take to successfully incorporate its...
Doing business in: CanadaUpdated in October 2024IntroductionCanada boasts a stable, predictable, and diversified economy. It has the world’s tenth...
Online terms and conditions for the supply of goods—business-to-consumerFORTHCOMING CHANGE: On 24 May 2024, the Digital Markets, Competition and...
Supply of warehousing and transport services agreement—pro-customerThis Agreement is made on [date]Parties1[insert name of supplier][ of OR a company...
Email notices and email footersTrading disclosures[registered name] is a [limited company OR limited liability partnership] (number [registered...
Intellectual property licence—pro-licenseeThis Agreement is made on [insert date]Parties1[insert name], a company incorporated in [England and Wales]...
Executing documents—training materialsThese Training Materials provide an introduction to execution and cover the principal areas of executing simple...
Mistake in contract lawThis Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake,...
RepudiationThis Practice Note concerns repudiation and sets out what a repudiatory breach of contract means. It explains how a repudiatory breach goes...
Agent and principal relationships with third partiesThis Practice Note deals with the relationships arising between principals, agents and third...
Termination and expiry of contractsThis Practice Note provides an overview of contract expiry and of the different causes of termination and ways to...
Contract variationThis Practice Note summarises the law, guidance and practice relating to the variation of contracts and deeds. It explains how a...
Joint, several, and joint and several liabilityContractWhere a contract is made by two or more parties it may contain a promise or obligation made by...
Fiduciary DutiesWho is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under...
Types of carrier of goodsThis Practice Note provides an introduction to two types of cargo carrier; common carriers and private carriers, and explains...
Electronic signaturesAn electronic signature is the electronic equivalent of a handwritten signature and links a person to the contents of an...
DeedsUnder English law, legally binding agreements can be made orally, in writing or by deed.This Practice Notice considers the circumstances in which...
Scope and authority of the agentThis Practice Note describes the nature and degree of an agent's authority which is conferred upon it by the...
Nature and types of agencyThis Practice Note is an introduction to agency. It describes the essentials of the agency relationship between the...
Exclusion and limitation of liabilityThis Practice Note considers exclusion and limitation of liability in business-to-business (B2B) contracts. It...
Carriage of goods by sea—the Hague-Visby RulesThis Practice Note explains the Hague-Visby rules (the Rules) which are an international convention...
SubcontractingThis Practice Note examines the following legal and practical matters in relation to entering into a subcontract or when granting...
Agreements to agreeThis Practice Note considers agreements to agree, and why an agreement to agree certain contractual terms at a future date has...
A cartel is an anti-competitive agreement, anti-competitive concerted practice, or anti-competitive arrangement by competitors to fix prices, make rigged bids (collusive tenders), establish output restrictions or quotas, or share or divide markets by allocating customers, suppliers, territories, or lines of commerce.
Distance selling means selling goods or services to consumers without the simultaneous physical presence of the supplier and the consumer.
To ‘materially distort the economic behaviour’ of an average consumer means to appreciably impair their ability to make an informed decision, thereby causing them to take a transactional decision that they would not have taken otherwise. The impairment must therefore be significant enough to change the decision that the average consumer would make. For example, if the average consumer buys a product they would not have bought otherwise or do not exercise cancellation rights when they would have otherwise done so. A practice that does not affect or is unlikely to affect the economic behaviour of average consumers is therefore unlikely to be unfair under the general prohibition.