Serle Court

The EU Directive on private enforcement in antitrust cases (Directive 2014/1040) had a considerable impact on the laws for private competition enforcement in EU Member States. This Practice Note explores the main provisions in the directive, including minimum provisions relating to disclosure rules across Member States, proving loss and the passing on defence and limitation periods, particularly in relation to its impact in the UK. Following the entry into force of the Damages Directive on 27 December 2014, this practice note has been archived and is not maintained.

Controversial issues can arise where competition law is applied to business activities relating to intellectual property rights (IPRs). This Practice Note charts some of the emerging themes in relation to the interaction between competition law and IPRs. This Practice Note also outlines potential competition issues relating to business practices such as standard setting and patent pools, ‘pay for delay’ deals and licensing of IPRs.

This Practice Note has been archived and is not maintained. Revised Horizontal Guidelines were published in the Official Journal on 21 July 2023. This Practice Note was written with the previous Horizontal Guidelines in mind.

This Practice Note considers the law governing the procedural aspects of the arbitration (also referred to as the curial law or lex arbitri) and how it is determined pursuant to the law of England and Wales. The Practice Note also considers whether the procedural law of the arbitration can be different from the law of the seat, and the effect of that distinction.

The European Commission has investigated tying and bundling in both traditional ‘bricks-and-mortar’ industries and newer technology markets where established competition analysis is being tested. This Practice Note examines different forms of tying and bundling and the Commission’s approach under Article 102 TFEU. It also explores the challenges of applying existing legal frameworks to ‘new economy’ products, highlighting complex issues raised in the Microsoft Media Player cases and more recent complaints against Google and Meta.