Concerted practice meaning

Is there an actionable claim? Note: private competition claims are predominantly governed by national law, and procedural as well as substantive rules differ markedly across the EU; accordingly, when planning competition litigation, assessments will need to be made for each individual jurisdiction. Possible causes of action Assess whether UK competition law has been breached (or EU competition law where the period predates the end of the Brexit transition period). Determine if the loss arises from an agreement or concerted practice between undertakings, particularly between competitors (see further, The prohibition on restrictive agreements). Evaluate whether an undertaking that is arguably dominant—typically indicated by a substantial share of a relevant market—caused the loss through abusive conduct contrary to Chapter II of the Competition Act 1998 (and/or Article 102 TFEU if before the end of the Brexit transition period) (see further, The prohibition on abuse of dominance). Consider whether other national or foreign competition laws have...

Antitrust Commission fines Pierre Cardin and Ahlers €5.7m for restricting cross-border sales of clothing Pierre Cardin and Ahlers €5.7m for restricting cross-border sales of clothing The Commission has adopted an infringement decision against Pierre Cardin and its licensee, Ahlers, for breaching Article 101 TFEU by limiting cross-border sales of Pierre Cardin‑licensed clothing (AT.40642). Joint fines amounting to €5.7m have been imposed on the two companies. The Commission determined that, for over a decade, Pierre Cardin and Ahlers engaged in anti‑competitive agreements and concerted conduct designed to stop other Pierre Cardin licensees, and their customers, from selling licensed clothing, both offline and online, by restricting sales: into Ahlers’ EEA‑licensed territories; and/or to low‑price retailers (such as discounters) offering lower prices to consumers in those territories. Consequently, the Commission levied fines totalling €5.7m on the parties...

Factual background Zhou Hui Ming v Kwokping Sun and another [2025] HKCFI 1503. The matter concerns the award creditor, Zhou Huiming (Zhou), moving to enforce four Mainland Chinese arbitral awards (Awards) against the award debtors, Sun Kwokping (Sun) and 挪信新能源科技（南通）有限公司 (Nuoxin). Zhou promptly secured ex parte permission to enforce the Awards. On that same ex parte footing she also obtained: (1) leave from the Hong Kong court to enforce; (2) a worldwide Mareva freezing order against the award debtors; and (3) a Chabra injunction directed at Zhang, whom the court regarded as holding two private companies belonging to the award debtors. Zhou then encountered the familiar, classic problem of recalcitrant debtors. The respondents appeared to be taking active and deliberate steps to render themselves ‘judgment-proof’. The evidence clearly indicated an apparent coordinated and concerted plan to dissipate assets. In particular, the shares in the award debtors’ two companies were passed to Zhang for nominal or no consideration. That transfer bore every hallmark of a gratuitous disposition designed ultimately to...

Antitrust Commission fines Mondelēz €337.5m over cross-border trade restrictions On adopting its infringement decision, the Commission levied a €337.5m penalty on Mondelēz International, Inc. (Mondelēz) for obstructing cross-border trade in chocolate, biscuits and coffee among Member States, in breach of Articles 101 and 102 TFEU. The Commission concluded that Mondelēz violated Article 101 TFEU by participating in 22 anti-competitive agreements or concerted practices...

This Practice Note examines the principles governing the tort whereby a defendant deliberately interferes with a claimant’s rights in a judgment debt. For wider guidance on enforcing judgments, see: Introduction to enforcement—overview and related content. What is the Marex tort? The Marex tort describes a tort-based cause of action premised on an alleged intentional infringement of the claimant’s rights in a judgment debt. Its contours were first confirmed by Bryan J in 2021 in Lakatamia v Su, having been raised by Knowles J in 2017 in Marex v Garcia (also known as Marex v Sevilleja). See: Marex tort—history below. In Lakatamia v Su, Lakatamia pursued two claims against the defendants, Mr Su and his mother, Madam Su, including: unlawful means conspiracy—alleging a concerted plan to harm Lakatamia by unlawful means, through breaches of a 2011 worldwide freezing order in related Commercial Court proceedings against Mr Su (the Blair Freezing Order), by procuring the dissipation of two of Mr Son’s assets: the net sale proceeds...

This Practice Note offers an overview of industrial action, covering what it is, picketing, the right to take industrial action, unlawful forms of industrial action, balloting for, and employer notification of, industrial action, and trade union liability. It also provides guidance on industrial action for employers and for employees. What is industrial action? Industrial action occurs when workers act together (ie collectively) against their employer because of a workplace dispute. It may take the form of a strike—which section 246 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) generally defines as ‘any concerted stoppage of work’—but can also involve measures short of a total stoppage, such as: a ‘go-slow’ (ie workers take longer than usual to finish tasks) work-to-rule (ie workers do only what their contract requires and no more) an overtime ban (ie no overtime is worked) a call-out ban (ie workers refuse requests to work outside scheduled hours) Industrial action sits at the...

CASE HUB (NOTE—appeal lodged before the Court of Justice in Case C- 539/18) ARCHIVED —this archived case hub reflects the position at the date of the judgment of 26 September 2018; it is no longer maintained. See further, timeline, commentary and related cases. Case facts Outline Case T-621/16, České dráhy v Commission (Twins) — an appeal before the General Court challenging the European Commission’s decision to order inspections under Article 20 of Regulation 1/2003, connected to the ongoing so-called Twins investigation (AT.40401). Latest development On 20 June 2018, the General Court delivered its judgment, by which it dismissed an action brought for annulment of the Commission’s decision that authorised dawn raids in question. Parties Applicant: České dráhy (CD), the principal railway operator in the Czech Republic. Defendant: the European Commission. Background The Commission’s ongoing Twins (AT.40401) probe concerns alleged infringements of Article 101 TFEU relating to agreements or concerted practices intended to exclude rival rail passenger...

1 Introduction 1.1 Despite concerted attempts to stamp it out, tax evasion continues to be a significant problem across global commerce. 1.2 Where it happens, it harms societies profoundly, channelling funds and resources away from those in greatest need and stalling economic and social progress. 1.3 As a UK organisation, we are impacted when criminal facilitation of tax evasion occurs anywhere within our business [ es ]. 1.4 We conduct our business [ es ] with integrity, acting honestly and ethically. Everyone must collaborate so that [ it OR they ] remain [ s ] free from any facilitation of tax evasion. 1.5 This policy is central to that commitment and is fully endorsed by the [ insert senior management body, eg Board ]. It explains the actions we must all take to stop the facilitation of tax evasion in our business [ es ] and to meet the requirements of applicable law. It is not incorporated into any employee’s contract of employment,...