Bristows

This Practice Note introduces the importance of having proper due diligence processes when planning the outsourcing of services. It considers the key factors to be considered at each of the three suggested due diligence phases in an outsourcing project, including the customer's internal due diligence, the customer's due diligence on the supplier; and the supplier's due diligence on the proposed outsource transactions. It then considers some approaches to dealing with problems that often arise with due diligence in an outsourcing context.

The exercise of Intellectual Property Rights (IPRs) by dominant companies can cause competition problems under Article 102, TFEU (and Member State equivalents). The dividing line between anti-competitive exclusionary conduct and ‘normal’ reliance on IPRs is explored in relation to broad categories of potential abuses. The difficulties of market definition in relation to IPRs is also assessed. Patent disputes between telecoms companies and the AstraZeneca case are detailed in the context of abuse of FRAND licensing commitments and the system of patent grant. There is also a discussion on the Microsoft case and refusal to license ‘essential facility’ IPRs and unfair licensing terms and tying.

This Checklist covers the key considerations when applying for a Norwich Pharmacal Order (NPO) such as why you would apply, issues to consider before making the application, when an NPO might not be suitable, the procedure for applying including practical points, the form of the NPO and what to do after the NPO has been granted.