Initial considerations Agency and distribution are examples of channels to market: means by which a manufacturer, producer or an intermediary, such as a wholesaler, gets...
This Practice Note deals with the relationships arising between principals, agents and third parties with whom the agent deals on the principal’s behalf. It considers the...
A key proposition underpinning EU competition law is that competing companies should act independently on markets. In principle, rivalry and competition can be expected...
This Practice Note is important first stage reading for analysing vertical restraints, that is, restrictions in vertical agreements caught by Article 101(1) TFEU (see The...
Intellectual property (IP) agreements relating to, for example, licensing of technology and for the joint development of new technology, may have a restrictive effect on...
This Practice Note considers the Commercial Agents (Council Directive) Regulations 1993 (the Commercial Agents Regulations), SI 1993/3053 which implement the Council...
There are several ways in which a supplier can distribute its product. A supplier may: • distribute products or services itself • use a distributor, or • use an agent. In...
Who is a fiduciary? There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are...
Nature of agency Agency is a relationship under which a principal appoints an agent to act under their direction and on their behalf for specified purposes. In business,...
This Practice Note considers non-compete clauses in commercial agreements. Non-compete clauses are contractual obligations restricting a party from competing with the...
This Practice Note explains the relationship between a commercial agent and a principal as provided by the Commercial Agents (Council Directive) Regulations 1993, SI...
General In business matters, the rights and duties of principal and agent are normally set out in a written agency agreement. Additional rights and duties...
This Practice Note describes the nature and degree of an agent's authority which is conferred upon it by the principal, subject to some limitations. This Practice Note...
Sub-agency The general rule, arising from the personal nature of an agency, is that an agent may not entrust to another the exercise of a power or duty. However,...
This Practice Note examines the events and situations that may bring an agency arrangement to an end and the consequences of termination of an agency on the...
This Practice Note covers how the Commercial Agents (Council Directive) Regulations 1993 (the Commercial Agents Regulations), SI 1993/3053 govern the termination of a...
This Practice Note considers the key implications on the application of EU competition law in the event of a no-deal Brexit. Effect on EU competition law under a no-deal...
On 23 June 2016, the United Kingdom held an advisory referendum on its membership of the EU, with a small majority of those voting (and allowed to vote) being in favour...
In the EU, unilateral or ‘dominant’ firm conduct is governed by Article 102 TFEU. In particular, Article 102 TFEU prohibits undertakings that (individually or...
A key proposition underpinning EU competition law is that competing companies should act independently on markets. In principle, rivalry and competition can be expected...
The creation of the Competition and Market Authority (CMA) was accompanied by a radical change in the element of the criminal cartel offence the prosecuting authorities...
