Courage Ltd v Crehan; Walker Cain Ltd v McCaughey (Court of Appeal)(
issues of competition law and rights of set off in connection with leases of tied pubs)
The final contribution of the chapter, a translation of an article included in the Mélanges en hommage à Panayotis Soldatos, deals with a very important, but highly specific
issue of competition law: the duration of non-compete obligation in full - function joint ventures.
Not exact matches
Important factors that could cause our actual results and financial condition to differ materially from those indicated in the forward - looking statements include, among others, the following: our ability to successfully and profitably market our products and services; the acceptance
of our products and services by patients and healthcare providers; our ability to meet demand for our products and services; the willingness
of health insurance companies and other payers to cover Cologuard and adequately reimburse us for our performance
of the Cologuard test; the amount and nature
of competition from other cancer screening and diagnostic products and services; the effects
of the adoption, modification or repeal
of any healthcare reform
law, rule, order, interpretation or policy; the effects
of changes in pricing, coverage and reimbursement for our products and services, including without limitation as a result
of the Protecting Access to Medicare Act
of 2014; recommendations, guidelines and quality metrics
issued by various organizations such as the U.S. Preventive Services Task Force, the American Cancer Society, and the National Committee for Quality Assurance regarding cancer screening or our products and services; our ability to successfully develop new products and services; our success establishing and maintaining collaborative, licensing and supplier arrangements; our ability to maintain regulatory approvals and comply with applicable regulations; and the other risks and uncertainties described in the Risk Factors and in Management's Discussion and Analysis
of Financial Condition and Results
of Operations sections
of our most recently filed Annual Report on Form 10 - K and our subsequently filed Quarterly Reports on Form 10 - Q.
Factors that could cause actual results to differ materially from those expressed or implied in any forward - looking statements include, but are not limited to: changes in consumer discretionary spending; our eCommerce platform not producing the anticipated benefits within the expected time - frame or at all; the streamlining
of the Company's vendor base and execution
of the Company's new merchandising strategy not producing the anticipated benefits within the expected time - frame or at all; the amount that we invest in strategic transactions and the timing and success
of those investments; the integration
of strategic acquisitions being more difficult, time - consuming, or costly than expected; inventory turn; changes in the competitive market and
competition amongst retailers; changes in consumer demand or shopping patterns and our ability to identify new trends and have the right trending products in our stores and on our website; changes in existing tax, labor and other
laws and regulations, including those changing tax rates and imposing new taxes and surcharges; limitations on the availability
of attractive retail store sites; omni - channel growth; unauthorized disclosure
of sensitive or confidential customer information; risks relating to our private brand offerings and new retail concepts; disruptions with our eCommerce platform, including
issues caused by high volumes
of users or transactions, or our information systems; factors affecting our vendors, including supply chain and currency risks; talent needs and the loss
of Edward W. Stack, our Chairman and Chief Executive Officer; developments with sports leagues, professional athletes or sports superstars; weather - related disruptions and seasonality
of our business; and risks associated with being a controlled company.
ACC Accounting & Auditing, AFR Africa, AGE Economics
of Ageing, AGR Agricultural Economics, ARA Arab World, BAN Banking, BEC Business Economics, CBA Central Banking, CBE Cognitive & Behavioural Economics, CDM Collective Decision - Making, CFN Corporate Finance, CIS Confederation
of Independent States, CMP Computational Economics, CNA China, COM Industrial
Competition, CSE Economics
of Strategic Management, CTA Contract Theory & Applications, CUL Cultural Economics, CWA Central & Western Asia, DCM Discrete Choice Models, DEM Demographic Economics, DEV Development, DGE Dynamic General Equilibrium, ECM Econometrics, EDU Education, EEC European Economics, EFF Efficiency & Productivity, ENE Energy Economics, ENT Entrepreneurship, ENV Environmental Economics, ETS Econometric Time Series, EUR Microeconomics European
Issues, EVO Evolutionary Economics, EXP Experimental Economics, FDG Financial Development & Growth, FIN Finance, FMK Financial Markets, FOR Forecasting, GEO Economic Geography, GRO Economic Growth, GTH Game Theory, HAP Economics
of Happiness, HEA Health Economics, HIS Business, Economic & Financial History, HME Heterodox Microeconomics, HPE History & Philosophy
of Economics, HRM Human Capital & Human Resource Management, IAS Insurance Economics, ICT Information & Communication Technologies, IFN International Finance, IND Industrial Organization, INO Innovation, INT International Trade, IPR Intellectual Property Rights, IUE Informal & Underground Economics, KNM Knowledge Management & Knowledge Economy, LAB Labour Economics, LAM Central & South America,
LAW Law & Economics, LMA Labor Markets - Supply, Demand & Wages, LTV Unemployment, Inequality & Poverty, MAC Macroeconomics, MFD Microfinance, MIC Microeconomics, MIG Economics of Human Migration, MKT Marketing, MON Monetary Economics, MST Market Microstructure, NET Network Economics, NEU Neuroeconomics, OPM Open Macroeconomics, ORE Operations Research, PBE Public Economics, PKE Post Keynesian Economics, POL Positive Political Economics, PPM Project, Program & Portfolio Management, PUB Public Finance, REG Regulation, RES Resource Economics, RMG Risk Management, SBM Small Business Management, SEA South East Asia, SOC Social Norms & Social Capital, SOG Sociology of Economics, SPO Sports & Economics, TID Technology & Industrial Dynamics, TRA Transition Economics, TRE Transport Economics, TUR Tourism Economics, UPT Utility Models & Prospect Theory, URE Urban & Real Estate Economi
LAW Law & Economics, LMA Labor Markets - Supply, Demand & Wages, LTV Unemployment, Inequality & Poverty, MAC Macroeconomics, MFD Microfinance, MIC Microeconomics, MIG Economics of Human Migration, MKT Marketing, MON Monetary Economics, MST Market Microstructure, NET Network Economics, NEU Neuroeconomics, OPM Open Macroeconomics, ORE Operations Research, PBE Public Economics, PKE Post Keynesian Economics, POL Positive Political Economics, PPM Project, Program & Portfolio Management, PUB Public Finance, REG Regulation, RES Resource Economics, RMG Risk Management, SBM Small Business Management, SEA South East Asia, SOC Social Norms & Social Capital, SOG Sociology of Economics, SPO Sports & Economics, TID Technology & Industrial Dynamics, TRA Transition Economics, TRE Transport Economics, TUR Tourism Economics, UPT Utility Models & Prospect Theory, URE Urban & Real Estate Economi
Law & Economics, LMA Labor Markets - Supply, Demand & Wages, LTV Unemployment, Inequality & Poverty, MAC Macroeconomics, MFD Microfinance, MIC Microeconomics, MIG Economics
of Human Migration, MKT Marketing, MON Monetary Economics, MST Market Microstructure, NET Network Economics, NEU Neuroeconomics, OPM Open Macroeconomics, ORE Operations Research, PBE Public Economics, PKE Post Keynesian Economics, POL Positive Political Economics, PPM Project, Program & Portfolio Management, PUB Public Finance, REG Regulation, RES Resource Economics, RMG Risk Management, SBM Small Business Management, SEA South East Asia, SOC Social Norms & Social Capital, SOG Sociology
of Economics, SPO Sports & Economics, TID Technology & Industrial Dynamics, TRA Transition Economics, TRE Transport Economics, TUR Tourism Economics, UPT Utility Models & Prospect Theory, URE Urban & Real Estate Economics.
ACC Accounting & Auditing, AFR Africa, AGE Economics
of Ageing, AGR Agricultural Economics, ARA Arab World, BAN Banking, BEC Business Economics, CBA Central Banking, CBE Cognitive & Behavioural Economics, CDM Collective Decision - Making, CFN Corporate Finance, CIS Confederation
of Independent States, CMP Computational Economics, CNA China, COM Industrial
Competition, CSE Economics
of Strategic Management, CTA Contract Theory & Applications, CUL Cultural Economics, CWA Central & Western Asia, DCM Discrete Choice Models, DEM Demographic Economics, DEV Development, DGE Dynamic General Equilibrium, ECM Econometrics, EDU Education, EEC European Economics, EFF Efficiency & Productivity, ENE Energy Economics, ENT Entrepreneurship, ENV Environmental Economics, ETS Econometric Time Series, EUR Microeconomic European
Issues, EVO Evolutionary Economics, EXP Experimental Economics, FDG Financial Development & Growth, FIN Finance, FMK Financial Markets, FOR Forecasting, GEO Economic Geography, GRO Economic Growth, GTH Game Theory, HAP Economics
of Happiness, HEA Health Economics, HIS Business, Economic & Financial History, HME Heterodox Microeconomics, HPE History & Philosophy
of Economics, HRM Human Capital & Human Resource Management, IAS Insurance Economics, ICT Information & Communication Technologies, IFN International Finance, IND Industrial Organization, INO Innovation, INT International Trade, IPR Intellectual Property Rights, IUE Informal & Underground Economics, KNM Knowledge Management & Knowledge Economy, LAB Labour Economics, LAM Central & South America,
LAW Law & Economics, LMA Labor Markets - Supply, Demand & Wages, LTV Unemployment, Inequality & Poverty, MAC Macroeconomics, MFD Microfinance, MIC Microeconomics, MIG Economics of Human Migration, MKT Marketing, MON Monetary Economics, MST Market Microstructure, NET Network Economics, NEU Neuroeconomics, OPM Open Macroeconomics, PBE Public Economics, PKE Post Keynesian Economics, POL Positive Political Economics, PPM Project, Program & Portfolio Management, PUB Public Finance, REG Regulation, RES Resource Economics, RMG Risk Management, SBM Small Business Management, SEA South East Asia, SOC Social Norms & Social Capital, SOG Sociology of Economics, SPO Sports & Economics, TID Technology & Industrial Dynamics, TRA Transition Economics, TRE Transport Economics, TUR Tourism Economics, UPT Utility Models & Prospect Theory, URE Urban & Real Estate Economi
LAW Law & Economics, LMA Labor Markets - Supply, Demand & Wages, LTV Unemployment, Inequality & Poverty, MAC Macroeconomics, MFD Microfinance, MIC Microeconomics, MIG Economics of Human Migration, MKT Marketing, MON Monetary Economics, MST Market Microstructure, NET Network Economics, NEU Neuroeconomics, OPM Open Macroeconomics, PBE Public Economics, PKE Post Keynesian Economics, POL Positive Political Economics, PPM Project, Program & Portfolio Management, PUB Public Finance, REG Regulation, RES Resource Economics, RMG Risk Management, SBM Small Business Management, SEA South East Asia, SOC Social Norms & Social Capital, SOG Sociology of Economics, SPO Sports & Economics, TID Technology & Industrial Dynamics, TRA Transition Economics, TRE Transport Economics, TUR Tourism Economics, UPT Utility Models & Prospect Theory, URE Urban & Real Estate Economi
Law & Economics, LMA Labor Markets - Supply, Demand & Wages, LTV Unemployment, Inequality & Poverty, MAC Macroeconomics, MFD Microfinance, MIC Microeconomics, MIG Economics
of Human Migration, MKT Marketing, MON Monetary Economics, MST Market Microstructure, NET Network Economics, NEU Neuroeconomics, OPM Open Macroeconomics, PBE Public Economics, PKE Post Keynesian Economics, POL Positive Political Economics, PPM Project, Program & Portfolio Management, PUB Public Finance, REG Regulation, RES Resource Economics, RMG Risk Management, SBM Small Business Management, SEA South East Asia, SOC Social Norms & Social Capital, SOG Sociology
of Economics, SPO Sports & Economics, TID Technology & Industrial Dynamics, TRA Transition Economics, TRE Transport Economics, TUR Tourism Economics, UPT Utility Models & Prospect Theory, URE Urban & Real Estate Economics.
David Brewster and Beth Griggs, «
Competition Issues in the Electricity Industry - The Australian Gas Light Company v Australian
Competition and Consumer Commission» [2004] AURELawJl 36; (2004) 23 (1) Australian Resources and Energy
Law Journal 98 Stephen G Corones, «Informal merger clearance process under scrutiny: Australian Gas Light Company v ACCC» (2004) 32 (2) Australian Business
Law Review 147 - 151 (abstract only) Rajat Sood, «Implications
of AGL v ACCC — Market Power and
Competition in the National Electricity Market» (2004) 32 Australian Business
Law Review 375
The latest
issue of the
Competition and Consumer Law Journal is out now with a couple of competition items of interest: Rhonda L Smith, «Market definition and substitution options» and George Raitt, «Misuse of market power: Why policy objectives mat
Competition and Consumer
Law Journal is out now with a couple
of competition items of interest: Rhonda L Smith, «Market definition and substitution options» and George Raitt, «Misuse of market power: Why policy objectives mat
competition items
of interest: Rhonda L Smith, «Market definition and substitution options» and George Raitt, «Misuse
of market power: Why policy objectives matter».
The latest
issue of the Australian Journal
of Competition and Consumer
Law (vol 22 part 1) is out now.
There are four articles in this
issue: David J Brennan, Shifting shades
of grey - International price discrimination and Australian copyright
law; Matthew E Taylor and Arlen Duke, Refocussing the parallel import debate; Warwick Rothnie, Trade marks and parallel imports and Rhonda L Smith and Arlen Duke, Agreements and
competition law in Australia.
Headed «The greatest Australian
competition reforms in 20 years» the piece works through the political context to the Review, the «extraordinary» breadth
of the review, the panel and timing
of the review, the «likely appetite for further deregulation», possible agency reforms, possible «trimming»
of the
laws, small business
issues and more - it runs for eight pages and is well worth reading.
The Symposium, organised by University
of Melbourne's
Competition Law & Economics Network and Monash University's Centre for Regulatory Studies, explored a wide range
of issues arising from the structure
of Australia's supermarket industry.
N Norman and P Williams, «The analysis
of market and
competition under the Trade Practices Act: towards the resolution
of some hitherto unresolved
issues» (1983) 11 Australian Business
Law Review 396
Cento Veljanovski, «
Competition Law Issues in the Computer Industry: An Economic Perspective» [2003] QUTLawJJl 2; (2003) 3 (1) Queensland University
of Technology
Law and Justice Journal 3
Sims» speech also sets out the ACCC's activities in relation to a number
of areas
of competition law (cartels, anti-competitive agreements and practices, MMP (noting the ACCC has «about» 10 in depth investigations underway)-RRB- and touches on the Harper Review and Murray Report as well as key
issues surrounding privatisation, communications and water.
The broad ranging speech covered the ACCC's new role regarding the repeal
of the carbon tax, general
competition issues, emerging product safety matters, regulation
of the National Broadband Network (NBN) as well as the Harper Review
of Australia's
competition laws and privatisation.
Introducing the workshop theme, Mr Sims discusses
issues confronting the ACCC when applying Australia's
competition law, the importance
of the Harper Review and the reality
of increasing globalisation.
See also ACCC media release regarding the conference, which will cover a variety
of issues, including the trade - off between regulatory flexibility and certainty, net neutrality and extending
competition law to government activity in trade or commerce.
Competition policy refers to the «set of policies and laws that protects, enhances and extends competition» (Harper Review Issues Paper
Competition policy refers to the «set
of policies and
laws that protects, enhances and extends
competition» (Harper Review Issues Paper
competition» (Harper Review
Issues Paper para 1.7).
The Office
of Operations, one
of seven divisions
of the Office
of General Counsel, is the principal legal advisor on matters related to environmental
law, economic /
competition issues affecting airports and airlines, security and emergency response activities, maritime
law, the Freedom
of Information Act, and privacy.
This post concerns a bit
of a Dutch thing, namely the «position»
of the Dutch National
Competition Authority ACM on an agreement by electricity producers active on the Dutch market, but it is interesting more generally for those who are interested in the relation between (EU) competition law and other issues like sust
Competition Authority ACM on an agreement by electricity producers active on the Dutch market, but it is interesting more generally for those who are interested in the relation between (EU)
competition law and other issues like sust
competition law and other
issues like sustainability.
(1) The
issue of LSUC's limiting the number
of lawyers it calls to the bar, so as to reduce the
competition for clients, has come up several times in LSUC's history when
law firms are short
of clients.
The minds: Joshua D'Cunha, S.M. Karim, Zoma Ogbonna, and Malik Suliman, part
of the first batch
of students at Ryerson University's
Law Practice Program, pitched this idea and came out No. 1 in a Dragons» Den - like
competition to address access to justice
issues through innovation.
At his blog Adam Smith, Esq., Bruce MacEwen reports from Georgetown
Law School's symposium on the future of the global law firm, where an international assemblage of academics and law firm leaders considered global competition, ownership and capital structure, ethics and professional values, cultural dynamics and related issu
Law School's symposium on the future
of the global
law firm, where an international assemblage of academics and law firm leaders considered global competition, ownership and capital structure, ethics and professional values, cultural dynamics and related issu
law firm, where an international assemblage
of academics and
law firm leaders considered global competition, ownership and capital structure, ethics and professional values, cultural dynamics and related issu
law firm leaders considered global
competition, ownership and capital structure, ethics and professional values, cultural dynamics and related
issues.
As part
of the Canadian
Competition Bureau's revisions to its IP Enforcement Guidelines, some stakeholders have requested guidance on «new»
issues of concern in the
Competition Law area — including reverse payment patent settlement agreements.
More particularly, he has assisted in the establishment
of corporations, post-incorporation registrations, corporate housekeeping, and providing legal advice on
issues related to corporate compliance, contract
law, data privacy
law,
competition law, and other legal aspects
of commercial transactions.
In this seminar, Monckton Chambers» specialists in EU,
competition and telecoms
law explore some
of the key
issues likely to come before the courts in the coming years relating to the operation and effectiveness
of the UK's regulatory regime for premium rate services.
Changes in the provision
of health services have led to an increasingly wide range
of issues, including
competition and public
law issues, in respect
of which members have been instructed.
For up - to - the - minute analysis
of legal
issues concerning trade secrets and noncompete agreements in Massachusetts and across the United States, read Russell Beck's blog, Fair
Competition Law.
The question put before the Court was whether
competition law applies to such arrangements, which quite clearly have a social aim and seek to address the increasingly common
issue of the «false self - employed» in today's society.
The OFT's recommendations are the result
of the first detailed investigation by the UK
competition regulatory body into the
issue of private enforcement
of competition law in the UK.
Indeed, the pace
of globalization among American
law schools has become a flashpoint for institutional
competition, with numerous institutions jockeying to lay claim to leadership in this arena.5 Not surprisingly, the case for globalization has spawned a variety
of explicit proposals for curricular reform.6 These include proposals for both significantly expanding transnationally focused upper - level electives7 and incorporating transnational legal
issues into the traditional domestic curriculum, 8 including first - year programs.9
In addition to administering the award - winning Fair
Competition Law blog, Russell writes, lectures, and is quoted or cited in connection with various intellectual property and other legal
issues, including enforcement and defense
of noncompete agreements, protection
of trade secrets, trademark disputes, copyright
issues, arbitration, mediation, and binding mediation.
Anneliese is a specialist
competition law practitioner who regularly advises both private clients and regulators on a broad range
of competition law issues.
Nonetheless, she envisages less governance problems in the case
of EU
competition law enforcement by the CJEU and national courts, since «theories
of integrity in judicial reasoning suggest deeply embedded tendencies to prefer solutions that are coherent with the legal system at
issue, and -LRB-...) its underlying constitutional and moral values.»
Xolani Nyali, a senior associate in the
Competition Practice at Bowmans South Africa, looks at some of the competition law issues making headlines in Africa this year and how they will impact competition law proceedings in the c
Competition Practice at Bowmans South Africa, looks at some
of the
competition law issues making headlines in Africa this year and how they will impact competition law proceedings in the c
competition law issues making headlines in Africa this year and how they will impact
competition law proceedings in the c
competition law proceedings in the coming year.
Practicing
competition law, Ms. Liu Dongping provides specialized services in investigation cases, merger control filing, compliance programs, evaluation
of risks arising from business strategy, contract arrangement, JV arrangements, other horizontal and vertical
issues, IP and anti-monopoly related
issues, civil litigation related
issues, remedies as well as solutions to avoid or mitigate such risks, etc. for international and domestic clients.
The AG notes this raises separate
issues not referred to in this case «classifying Uber as a platform which groups together independent service providers may raise questions from the standpoint
of competition law» (para. 62).
Connecting
competition law to broader policy
issues and discussions
of economic concern around innovation, even if to continue to maintain the standard economic analysis, may provide the context that would expand interest in this area for the future generation
of competition lawyers.
Genuine
issues of fact precluded summary judgment on a consumer's claims against a seafood producer for allegedly making unlawful, false, and misleading advertising regarding the omega - 3 nutrient content
of certain
of its products in violation
of California's Unfair
Competition Law (UCL), False Advertising
Law (FAL), and Consumers Legal Remedies Act (CLRA), the federal district court in San Jose has ruled (Ogden v. Bumble Bee Food, LLC, January 2, 2014, Koh, L.).
Property
issues and disputes
of all types, including: contracts for the acquisition, development and management
of land; options and conditional contracts; overage claims; project management and similar contracts; mortgages and other security arrangements, including enforcement disputes; planning and other statutory
issues connected with property contracts; leases
of all types; landlord and tenant disputes (particularly commercial — including retail, leisure and distribution — and residential); rent reviews; leasehold enfranchisement; rights over land (including easements, covenants and rights
of light); trespass and nuisance claims; disputed asset disposals; estate agency; property - related
competition law issues; and commons and village greens.
Her practice is
of an advisory, regulatory litigious nature and has included judicial review, actions for damages before UK courts, the superior courts
of Ireland, specialized tribunals, the European Court
of Justice and General Court in cases concerning a wide range internal market
issues, ranging from public procurement to goods and services, energy, agriculture
competition and social and employment
law.
This changed the role
of the
Competition Commission and created the Competition Appeal Tribunal to deal with competition issues — while maintaining the primacy of EC Law (Enterprise Act 2002 (EnA 20
Competition Commission and created the
Competition Appeal Tribunal to deal with competition issues — while maintaining the primacy of EC Law (Enterprise Act 2002 (EnA 20
Competition Appeal Tribunal to deal with
competition issues — while maintaining the primacy of EC Law (Enterprise Act 2002 (EnA 20
competition issues — while maintaining the primacy
of EC
Law (Enterprise Act 2002 (EnA 2002), s 12).
Based primarily in London, Cormac O'Daly advises on a wide range
of EU and UK
competition law issues.
In the field
of competition law, Jean - François Bellis has advised international clients in numerous cases at EU and national level involving a broad range
of antitrust
issues, including cartels, abuses
of a dominant position, mergers, distribution and licensing.
For up - to - the - minute analysis
of legal
issues concerning noncompete agreements in Massachusetts and across the United States, read Russell Beck's blog, Fair
Competition Law.
Our aviation lawyers work with airlines, banks and financiers, lessors, manufacturers, insurers, export credit agencies, governments and regulatory bodies on the full range
of aviation legal services, including fleet selection programs, partnering arrangements with fellow carriers, travel companies and other third parties,
competition law compliance and a range
of employment
issues.
PIAC has tried to focus its mandate on
issues arising from the delivery
of important public services including telecommunications, broadcasting,
competition law, energy, financial services, and transportation.
Prior to joining the firm, Asia was a lawyer in Sydney, Australia, where she litigated matters concerning a broad range
of legal
issues, including insurance, contract, insolvency,
competition, consumer and administrative
law matters.
Tamara Dini, partner in the
Competition Practice was interviewed on Classic FM's law feature on how to navigate the mine field of competit
Competition Practice was interviewed on Classic FM's
law feature on how to navigate the mine field
of competitioncompetition issues.