Switching meaning

This checklist summarises the factors relevant to assessing an undertaking’s market power. Such analysis is pertinent not only to mergers but also, for example, to determining whether an undertaking is to be regarded as dominant. Does an undertaking have market power? When evaluating market power, the following should be considered. Not every factor needs to be applied in each instance; ultimately, a case-by-case assessment, grounded in the characteristics of the relevant market, is required. Market position of undertaking and its competitors Calculation of market shares is ordinarily the starting point of any assessment The larger the market share, and the longer it is sustained, the greater the likelihood that the undertaking holds a dominant position 50% market share or more: generally evidence of the existence of a dominant market position 40–50% market share: may indicate market power, but this depends on additional considerations Below 40% market share: dominance is unlikely... ...

This checklist outlines the key requirements of Regulation (EU) 2023/2854, the EU Data Act It sets out what businesses must adhere to, including the following areas: data access and portability smart contracts prohibition on unfair contractual terms right to switch services (operability) open interoperability rules on international data transfers The EU Data Act is designed to foster business-to-business (B2B) and business-to-consumers (B2C) data sharing from Internet of Things (IoT) devices, promoting fair use of data and enabling the EU to realise the full potential of its data economy. It represents the second major legislative step under the European strategy for data, following Regulation (EU) 2022/868, the EU Data Governance Act. Where the EU Data Governance Act establishes the mechanisms and structures that allow companies, individuals and the public sector to share data, the EU Data Act determines who may generate value from data and under which conditions. The EU Data Act entered into force on...

ARCHIVED: This Practice Note is archived and is no longer maintained. The Payment Accounts Directive (Directive 2014/92/EU) (PAD) is designed to improve clarity and comparability for consumers in relation to payment accounts across the EU. Specifically, the PAD: simplifies comparison of charges levied by banks and other providers throughout the EU helps customers to switch payment accounts with ease, and gives every EU consumer the right to open a payment account enabling them to carry out essential functions such as receiving their salary and paying bills The PAD stems from the European Commission’s consultation on retail bank accounts, launched in March 2012, which evaluated the need for action in the areas of fee clarity and comparability, account switching, and access to basic payment accounts. This was preceded by a 2007 inquiry into the retail banking sector that identified these issues as obstacles to consumer choice and mobility. Subsequent attempts by Member States to address the problems independently at national level led...

In this issue: Key developments and materials Electricity and gas market regulation, licensing and taxation Networks and network connections Renewable energy Air emissions, efficiency, and climate change New and updated content Dates for your diary Trackers Energy resources on Lexis+® Daily and weekly news alerts Key developments and materials Ofgem consults on draft second preliminary Strategic Direction Statement for industry codes Ofgem has opened a consultation on SDS-2 for energy industry codes, outlining its strategic reading of government policy and sector shifts that could drive code changes over the next one to five years. It is seeking input on the proposed policy themes, how they are allocated across the ‘Act now’, ‘Think and plan’ and ‘Listen and wait’ horizons, and whether any significant topics are missing. Ofgem also asks for views on its plan to move SDS-2 from a preliminary document to a hybrid Strategic Direction Statement following the anticipated designation of the...

Risk & Compliance weekly highlights—30 January 2025 In this issue: Data protection Financial sanctions AML, CTF & counter-proliferation financing Fraud Daily and weekly news alerts Trackers New and updated content Data protection ICO launches strategy to tackle online tracking compliance in UK The Information Commissioner’s Office (ICO) has unveiled a wide‑ranging plan to improve adherence to online tracking rules across the UK’s digital environment. Its remit now extends from the leading 200 to the top 1,000 UK websites, with the goal of giving users genuine control over how their personal data is tracked. The programme features fresh guidance on ‘consent or pay’ approaches, intended action on compliance within apps and connected TVs, and probes into data management platforms across the adtech ecosystem. This guidance explains how to meet data protection law, concentrating on power imbalance, suitable fees, equivalence, and privacy by design. It sets out ways to gauge power imbalance—such as market position and switching...

In this issue: Air emissions and climate change Energy efficiency and buildings Energy for environmental lawyers Environmental disputes and proceedings Environmental information ESG and sustainability Hazardous substances and chemicals Marine Nature, biodiversity and habitat conservation Waste Waste producer responsibility regimes Water, flooding and drainage Daily and weekly news alerts New and updated content United Kingdom Environmental Law Association (UKELA) Annual Conference Air emissions and climate change DESNZ releases evaluations of CCUS and Industrial Fuel Switching and Hydrogen Supply innovation programmes The Department for Energy Security and Net Zero (DESNZ) has issued two independent evaluations of its Energy Innovation Programme (EIP). The first evaluation reviews the Carbon Capture and Utilisation Demonstration (CCUD) innovation programme, the Carbon Capture, Usage and Storage (CCUS) Innovation programme, and the Accelerating CCS Technologies (ACT) programme, spanning 2016–21. The second evaluation examines the £21m Industrial Fuel Switching and £33m Hydrogen Supply programmes. Both evaluations consider...

The Skilled Worker route The Skilled Worker route allows UK employers holding a valid sponsor licence to hire, or continue to employ, skilled individuals who are neither British nor Irish nationals. It is the principal route for entry to, and residence in, the UK for employment. The Practice Note: Sponsoring a Skilled Worker reviews the eligibility requirements connected to a sponsor issuing a Certificate of Sponsorship (CoS), including the necessary skill level and salary. Once a CoS has been issued, and provided the applicant meets all other criteria, they can apply for entry clearance or permission to stay...

This Practice Note This Practice Note explores the use of non-contractual mechanisms by software suppliers to halt or restrict the operation of on-premise software in business-to-business licences, the resulting legal considerations, and the real-world impact on drafting relevant software licences. It introduces a range of disabling tools: Time bombs Logic bombs Back door/trap door Fork locks Remote control and switching off, or ‘deprovisioning’ Where a customer breaches licence terms, or fails to pay licence or support charges, the supplier can pursue legal action. Yet litigation brings expense and uncertainty, and may strain the customer–supplier relationship. As a result, a supplier may favour a more immediate, practical approach: deploying disabling devices to stop the software from running, triggered remotely or automatically by the supplier. For most developers, such features are straightforward to create and embed. Activating (or threatening to activate) these tools can give the supplier significant leverage over customers, especially where the software is critical to the business. That...

This Practice Note examines the key issues around applications made by dependent partners of individuals on work, investment and study pathways. Most of these routes include provision for dependent partners and children. The principal exceptions are the Youth Mobility Scheme, which permits no dependants at all, and the Student, Graduate and Skilled Worker routes, which impose certain restrictions. For the position in those routes, see Practice Notes: Applying under the Skilled Worker route — Dependants, Applying under the Graduate route and Student: eligibility — Dependants. Partners in this context means: spouses civil partners, and unmarried partners who have lived in a relationship akin to marriage or civil partnership for at least two years — this type of relationship is now termed a ‘durable relationship’ Before their simplification, the rules governing dependent partners and children in these routes were found in Part 8 of the Immigration Rules (for dependants of relevant Points-Based System migrants and Appendix W workers), or in Part 5...

This agreement is entered into on [ insert day and month ] 20[ insert year ]. Parties [ Insert name of offeror ], incorporated in [ England and Wales ] under number [ insert company number ], with its registered office at [ insert address ] (the Offeror); and [ Insert name of offeree ], incorporated in [ England and Wales ] under number [ insert company number ], with its registered office at [ insert address ] (the Offeree). Recitals: (A) The Offeror proposes to make a recommended [ pre-conditional ] offer for the whole of the issued and to be issued ordinary share capital of the Offeree [ , excluding any shares held in treasury, ] (the Acquisition), on and subject to the terms and conditions set out in the Announcement...