The following TMT practice note Produced in partnership with Professor Suzanne Rab of Serle Court provides comprehensive and up to date legal information covering:
Competition and diversity in media and communications are fundamental to a competitive economy and healthy democracy. The application of competition law and regulation in the media sector is a policy priority in the EU and UK, yet it is fraught with challenges.
There are a number of key themes in the sector, including:
trend towards consolidation: the media sector is consolidating. For example, there has been a notable trend towards vertical integration and this is a feature of commercial transactions that has been examined closely by the competition authorities in recent merger reviews (see: Media ownership regulation and merger control below)
market entry: access to content or platforms is critical to sustain market entry and expansion. Although particular owners of content or infrastructure may occupy a gatekeeper role, that conclusion is not inevitable in changing markets. Among the critical questions that have arisen in debates about the application of competition law and regulation to the media have been whether the ‘gatekeepers’ over the networks or content may show preference for their own operations and discriminate against rivals
market definition and analysis: the multiplicity in the range of devices over which media content may be consumed, or services delivered, has made the exercise of defining relevant markets and substitutes more complex. It may therefore be necessary to question and test traditional approaches to market definition and
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This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.What is a Part 8 claim?A Part 8 claim is a claim
Elements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on indictment in the Crown Court. The elements of the offence are:•a person acts or embarks on a course of conduct•which has a tendency to•and is intended to
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.You should also consider if the proceedings will be
What is 'discontinuance'?Discontinuance is the means by which a claimant can bring all or part of the proceedings it has instigated to an end.A claimant has a right to discontinue all or part of a claim at any time.Where proceedings are brought to an end without an order or judgment from a court, eg
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