Competition – examples of mediations undertaken
A mediation of a parallel imports/exhaustion of rights case concerning the importation of new and reengineered computing equipment into the EU.
A case concerning consent given by a licensee/authorised distributor of a trade mark owner (an economically linked undertaking) for the placing of product by another on the market in the EU.
A case concerning alleged abuse of a dominant position (art. 102 TFEU) and agreements restricting competition (art. 101 TFEU).
A mediation concerning alleged breaches of a statutory code introduced by the Competition Commission (now the Competition and Markets Authority).
A mediation of a dispute arising out of the enforcement of restrictive covenants over land raising issues of enforceability, in particular whether the covenants are void as being in breach of section 2(1) of the Competition Act 1998 (raising sub-issues concerning section 9 exemptions), and also of modification or discharge under section 84(1) of the Law of Property Act 1925.
A mediation of a parallel imports case concerning quantum only, following summary judgment granting an injunction and an order for disclosure, and prior to an election by the claimant between an account of profits and an enquiry as to damages.
A mediation of a dispute raising issues under The Business Protection from Misleading Marketing Regulations 2008.
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