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Refusal to supply/license meaning

What does Refusal to supply/license mean?
In practice, refusal to supply/licence describes a business—often one with significant market power—declining to sell products, provide access to an input or infrastructure, or licence intellectual property to another undertaking (including a competitor). The term is a descriptive label used chiefly in competition law and developed through case law under Chapter II of the Competition Act 1998 (UK) and section 5 of the Competition Act 2002 (Ireland), drawing on Article 102 TFEU jurisprudence. It is not unlawful per se. A dominant undertaking’s refusal may amount to an abuse of dominance where it forecloses a downstream market, particularly where the input is indispensable, effective competition would be eliminated, and there is no objective justification. For IP rights, compulsory licensing arises only in exceptional circumstances (for example, to prevent the elimination of a new product or to ensure interoperability). Typical contexts include access to networks, data, platforms, interfaces, spare parts and after‑markets. Objective justifications may include capacity limits, credit risk, quality or safety concerns, or protection of incentives to innovate. Remedies can include commitments, interim measures, or directions to supply on fair, reasonable and non‑discriminatory terms. Usage and principles are broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, noting that EU...
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View the related Checklists about Refusal to supply/license

CHECKLISTS
Security for costs under CPR 25 (2025): practitioner checklist for applications, objections and surety disputes, including CPR 25.27 conditions (England and Wales)

Note On 6 April 2025, changes to CPR 25 entered into force, renumbering the earlier provisions of CPR 25 and also revising elements of the wording concerning security for costs. This Practice Note describes the prior rule 25 as ‘old rule 25’ and, where applicable, points out any distinctions between the current CPR 25 and the old rule 25. Regarding the conditions that must be satisfied before the court is able to make an order for security for costs, CPR 25.13 was renumbered as CPR 25.27, and some of its provisions have changed accordingly. The old rule 25 can be found here: This Checklist proceeds on the basis that a claimant refuses to supply the security sought. It identifies the stages involved in obtaining security for costs, from the claimant’s first approach for security through to the cancellation of the security once the process has been completed. It also addresses the issue of refusal to comply with an order for security for costs, together with any objection raised to...

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NEWS
Limbu v Dyson: UK Supreme Court forum non conveniens ruling and settlement signal supply-chain duty of care, unjust enrichment risk and momentum for mandatory human rights due diligence reform

In brief Limbu v Dyson, alleging forced labour within Dyson’s Malaysian supply network, settled before trial The proceedings posed novel issues about whether UK companies may owe a duty of care to workers in overseas supply chains The Supreme Court’s refusal of Dyson’s forum non‑convenience challenge signalled a judicial readiness to scrutinise human rights harms abroad The claim also advanced unjust enrichment, contending Dyson effectively profited from exploitation Although Dyson denies liability, the settlement signals an important acceptance of responsibility and may still deliver key outcomes pursued through strategic litigation: remedy, accountability, industry change and pressure for legislative reform What happened in Limbu v Dyson? In 2022, twenty‑four Nepalese and Bangladeshi migrant workers issued a High Court claim against Dyson over alleged abuses while working in two Malaysian factories making components for the Dyson supply chain. After years of wrangling over forum, a January 2026 ruling that the case should be heard in the UK saw Dyson then settle....

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NEWS
UK Public Law update: Supreme Court on Equality Act ‘sex’ and clinician anonymity; judicial review timing; procurement, FOI and ICO guidance; immigration and SEND funding; state aid and customs updates

In this issue Equality and human rights Constitutional and administrative law Judicial review Public procurement Subsidy control and State aid Post-Brexit transition guidance Information law Other Public Law news Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information No Weekly Highlights on 24 April 2025 Equality and human rights Supreme Court rules that the EqA 2010 terms ‘man’, ‘woman’ and ‘sex’ denote biological sex (For Women Scotland Ltd v The Scottish Ministers). In For Women Scotland Ltd v Scottish Ministers [2025] UKSC 16, the UK Supreme Court unanimously concluded that these terms identify biological sex rather than ‘certificated sex’. The court determined that those holding a Gender Recognition Certificate (GRC) are not included within the EqA 2010 definition of their acquired gender. The ruling confirms that trans people remain safeguarded by the Act’s gender reassignment provisions and may pursue sex discrimination claims where...

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NEWS
UK Public Law Weekly Update—5 June 2025: Brexit/TCA and EUSS; Equality and Human Rights; Judicial Review; FOI; Procurement and the Procurement Act 2023; Subsidy Control; Key SIs

In this issue: Brexit highlights Brexit SIs Post-Brexit transition guidance Equality and human rights Judicial review Freedom of information Public procurement Subsidy control and State aid Public sector pensions State accountability and liability Free webinars: Judicial Review: Practice and Procedure Pt 1 and 2 LexTalk®Public Law: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit highlights Institute for Government explainer on UK–EU summit outcome The Institute for Government has released an explainer following the inaugural UK–EU Summit in London, setting out the freshly announced results of the UK–EU reset. See: LNB News 03/06/2025 43. Weekly round-up of EU–UK TCA Specialised Committees’ publications—30 May 2025 This summary covers publications issued by Specialised Committees created under the EU–UK Trade and Cooperation Agreement (TCA) for the period 27–29 May 2025. See: LNB News 30/05/2025 15...

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PRACTICE NOTES
Trade effluent discharges: when consents or agreements are required, sewer restrictions, and on-site treatment and permitting (England and Wales)

Consent or agreement To discharge liquid effluent from trade or industrial premises, a consent, or an agreement, must be in place with a local water and sewerage undertaker for release into: a public sewer a private sewer that subsequently connects to a public sewer For information on water companies and water supply/sewerage licensees, see: Ofwat: Licences and licensees. To seek trade effluent consent, a Trade Effluent Notice must be submitted to the sewerage undertaker. Where an application is unsuccessful, the water company will set out the reasons for refusal in writing. There is a right of appeal to Ofwat under section 122 of the Water Industry Act 1991 (WIA 1991). In particular circumstances, the Environment Agency (or Natural Resources Wales in Wales) may impose additional conditions on a consent, due to the substances present in the discharge or the processes that give rise to it. Agricultural holdings, horticulture business, fish farms, and premises used for scientific or experimental purposes are...

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PRACTICE NOTES
EU General Court dismisses CEAHR annulment action; Commission lawfully rejected complaint on watch spare parts; selective distribution and refusals to supply unlikely infringements of Articles 101 and 102 TFEU

CASE HUB (NOTE—appeal lodged by CEAHR before the Court of Justice in Case C‑3/18 P) ARCHIVED — this archived case hub records the position as at the date of the judgment of 23 October 2017; it is no longer maintained. See further: timeline commentary relevant/related cases Case facts Outline: An appeal was brought before the General Court challenging the European Commission’s decision to reject a complaint by CEAHR. The complaint alleged infringements of Articles 101 and/or 102 TFEU by several watch manufacturers, arising from their refusal to continue supplying spare parts to independent watch repairers. Outcome On 23 October 2017, the General Court delivered its judgment, dismissing in full the action seeking annulment of the European Commission’s decision to refuse CEAHR’s complaint alleging breaches of Articles 101 and/or 102 TFEU by a number of watch manufacturers in relation to the decision not to continue providing spare parts to independent watch repairers...

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PRACTICE NOTES
Great Britain Electricity Generation and Storage Licensing: Requirements, Exemptions, Application Procedure, Ofgem Conditions, Modifications, Transfers and Revocation

The physical infrastructure of the GB electricity market Broadly, the physical set-up of the Great Britain (GB) electricity market can be grouped as follows: generators — these installations produce electricity. They connect to what is commonly called the ‘grid’, allowing them to ‘export’ power for conveyance to consumers’ premises. Electricity storage solutions are, for licensing purposes, treated as generators, as reflected in section 213 of the Energy Act 2023. For more on generators generally, see Practice Notes: Great Britain electricity generation, distribution and supply licensing and exemptions regime and The Great Britain electricity market—an introduction. For more on electricity storage, see: Energy storage—overview, and Practice Notes: The planning regime for energy storage in England and Wales, Energy storage—the evolving regulatory regime and renewable subsidy position. For information on the regulatory challenges and opportunities for energy storage projects, see also textbook: Energy Storage: Legal and Regulatory Challenges and Opportunities interconnectors — high-voltage links between the electricity systems of two countries; these enable electricity to be traded...

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PRECEDENTS
ET3 precedent: grounds to resist a statutory guarantee payment claim—industrial action, suitable alternative work refusal and contractual set-off (England, Scotland and Wales)

[ Insert in para 6.1 of response form ET3: ] 1 The Respondent disputes that it is responsible to the Claimant as asserted, or at all, and maintains that: 1.1 The Claimant has no entitlement to a guarantee payment in respect of the days claimed because the Respondent’s failure to supply him with work resulted from a [ strike OR lock-out OR industrial action ] [ insert details ]. 1.2 On [ insert date ] the Respondent offered the Claimant suitable alternative work [ specify ] for the workless days concerned, but the Claimant unreasonably refused to accept it. 1.3 The Respondent paid the Claimant contractual remuneration of £[ insert amount ] a day in respect of the days in question, which [ wholly OR partly ] satisfies its liability to pay him a guarantee payment, for the avoidance of doubt...

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PRECEDENTS
Preferred Supplier Framework Agreement for the Supply of Goods (Pro-Customer) – England and Wales

This Agreement is entered into on [ date ] Parties 1 [ insert name of supplier ] [ of OR a company registered in [ England and Wales ] with number [ insert registered number ] whose registered office is at ] [ insert address ] ( Supplier ); and 2 [ insert name of customer ] [ of OR a company registered in [ England and Wales ] with number [ insert registered number ] whose registered office is at ] [ insert address ] ( Customer ), each of the Supplier and the Customer being a party, together the Supplier and the Customer constitute the parties. Background (A) The Supplier is in the business of providing [ insert description ] to other companies. (B) The Customer carries on the business of [ insert description ]. (C) The parties agree that the Supplier will supply goods to the Customer on the terms and conditions of this Agreement. (D) The parties envisage that the Supplier will...

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