A joint venture involving co-operative activity of a non-structural nature which is confirmed as an 'agreement' rather than a 'concentration' which does not fall within the scope of the EUMR or the merger control regimes of the vast majority of EEA Member States (although exceptions to this approach exist within the EEA (eg Germany), as well as in other non-EEA merger control regimes (eg Canada)). Therefore, there is no requirement for notifying such joint ventures for review and approval by the EU Commission. Instead, such joint ventures must be individually self-assessed by the parties to ensure that they do not fall foul of Article 101(1) of the Treaty of the Functioning of the European Union or the Member State national equivalents.

Horizontal mergers can result in a change in the nature of competition in the market such that the higher level of concentration, possibly resulting in an oligopolistic market, increases the likelihood of tacit collusion between the remaining firms because that activity would be possible and economically rational. Anti-competitive effects of this nature stemming from a merger are known as co-ordinated effects.

A committee of creditors established at the outset of a restructuring to manage the flow of information between the borrower and creditors.

Private Client analysis: The Court of Appeal upheld an order dismissing a claim for an occupation rent brought by one residuary beneficiary against another. It considered the circumstances in which one may be awarded between co-owners, preferring the approach in Davies v Jackson over that in French v Barcham. It rejected the argument that a trustee in bankruptcy was presumptively entitled to an occupation rent. The starting point in both cases is that no rent is payable. The mere fact one co-owner is in occupation and the other is not is not enough. Something more is needed and the focus should be on the occupying beneficiary’s conduct or circumstances. Even if the threshold for making an award was met, the judge was entitled to take into account, in declining to do so, that the Claimant (C) had been paid more for his share than he would have received had the property been sold earlier. That was so even if the delay was not C’s fault. Written by John Sharples, barrister at St John’s Chambers, Bristol.

An agreement used in circumstances where a company wishes to engage with a co-producer for the production of a film or television film or television series.

The named person in a petition for divorce with whom the respondent is alleged to have engaged in extramarital sexual intercourse.

Law360: An attempt by the BBC to reduce benefits for employees enrolled in its £19.8 billion pension scheme has been rebuffed as the Court of Appeal ruled in favor of members on 9 July 2024.

The Court of Appeal (CoA) has upheld the Competition and Markets Authority (CMA)’s findings that Auden Mckenzie and Actavis UK abused their market position by charging excessive and unfair prices for NHS-funded hydrocortisone tablets between 2008 and 2018, increasing the price from less than £1 to more than £70 per pack and causing NHS annual spending to rise from around £500,000 to over £80 million. The CoA also confirmed the CMA's findings that the companies entered into anti-competitive agreements to delay competition. However, the CoA dismissed the companies' appeals against the infringement findings, and referred the penalties back to the Competition Appeal Tribunal for reconsideration on procedural grounds. Originally, the CMA imposed penalties totalling £266.5 million; however, following prior reduction, the current total stands at approximately £240 million.

Centre of Nuclear Excellence – an initiative centred on West Cumbria.

Certificate of Nuclear Professionalism: A higher educational programme developed in partnership between NSA Nuclear, the Open University and employers designed to equip individuals with the necessary skills required for working within the nuclear industry.

Committee on Radioactive Waste Management: An independent committee appointed by the UK Government. Their original task was to review the options for managing those higher-activity UK radioactive wastes for which there is no agreed long-term solution. Their findings were published in July 2006, to which UK Government responded in October 2006, resulting in the incorporation of Nirex into NDA and the establishment of the UK strategy for managing intermediate level nuclear waste within a deep geological disposal facility.

Coaching is a two-way process. It goes without saying that a coach should be appropriately trained, but it’s also important that the coachee is well briefed on what to expect and how they can gain the most benefit from the sessions. Being offered the chance to engage in coaching is a great opportunity and demonstrates a solid investment in your development, so it’s important that every coachee understands how to make the most of each session. In this Practice Note, we will cover: • what to expect from a coaching session • your role in the process • establishing what you want from the coaching relationship • how coaching will build more than skills • how you can help your coach to help you • things to do between sessions • the ways coaching can help at each level of your career • how to use feedback to learn and grow • five top tips for getting the most from coaching For further reading on the topic of coaching, see Practice Notes: