Published on: 27 November 2024
Published by a LexisNexis Competition expert
The General Court delivered its judgment in Case T-561/21, HSBC Holdings and Others v Commission, concerning an action challenging the Commission’s re-adopted decision of 28 June 2021, which identified an infringement and levied penalties on HSBC for its conduct in the Euro interest rate derivatives market (Case SA.39914). The General Court dismissed the appeal in its entirety and thereby affirmed the revised fine.
In December 2016, the Commission issued a decision concluding that Crédit agricole, HSBC and JPMorgan Chase had taken part in a single and continuous infringement that restricted and/or distorted competition in the Euro Interest Rate Derivatives (EIRD) market (Case SA.39914) (the Commission’s 2016 decision). For that infringement, the Commission imposed a fine of €33.6m on HSBC.
In February 2017, HSBC subsequently brought an appeal (Case T-105/17) against the Commission’s 2016 decision before the General Court. In September 2019, the General Court handed down its judgment, in which it broadly upheld the Commission’s finding that HSBC had participated in the EIRD cartel...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...