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PRACTICE NOTES
Legislative reforms, which took effect on 1 October 2015, established the right to collective redress for victims of anti-competitive behaviour, including the option to bring an opt-out action allowing an appointed class representative to recover damages on behalf of all persons similarly situated who have not positively decided to withdraw from the action. For an overview of the UK private actions regime in general, see further UK damages actions. Overview of the process The below introduces the collective procedure at the Competition Appeal Tribunal (CAT) and some of the important differences between it and litigation in the High Court. Points covered include the following: • sources of authority • how claims are commenced • issue of the collective proceedings order • rights of class members, and • distribution of awards. Sources of authority The CAT does not directly apply the Civil Procedure Rules (CPR) that govern proceedings in the High Court and County Court. It has its own set of procedural rules, the CAT Rules (the Rules). The rules are supplemented
GLOSSARY
A term used to describe the employer's statutory obligation to enter into collective information and consultation with its employees.
NEWS
Ireland—Employment analysis: This article, was written by Duncan Inverarity & Triona Surge of A&L Goodbody LLP. Five years ago, Debenhams closed all its stores in Ireland with the loss of over 1,000 jobs. A huge volume of employment claims followed alleging breach of information and consultation requirements in a collective redundancy.
PRACTICE NOTES
This Practice Note considers the timing of the statutory collective consultation obligations in relation to collective redundancy, and what each of them entails. It provides guidance on when these duties start (including the consequences where an employer carries out staggered redundancies in batches), and the procedures involved. The duty to notify the Secretary of State (at the Department for Business, Innovation, Science and Trade (BIST)) in advance on Form HR1 is analysed, including what ‘at one establishment’ means, and also when Secretary of State notification should take place. The Practice Note explains who an appropriate representative is, their statutory rights and the requirements for their election. It sets out the scope of the duty to inform, what information must be provided and how. It explains the purpose of the consultation process, how consultation should be conducted, when consultation should start and for how long it should last. It also provides information on when notice of termination may be given, when termination can take effect, and the ‘special circumstances’ exception. The Practice Note explains the consequences
PRACTICE NOTES
This Practice Note considers the circumstances that trigger the statutory information and consultation obligations in a collective redundancy situation (ie the legal obligation to consult when multiple redundancies are proposed, that is 20 or more, at one establishment within 90 days or less) under the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992). It looks at when an employer is ‘proposing to dismiss as redundant’, how to calculate the correct number of employees, the meaning of ‘at one establishment’ and the consequences of the way TULR(C)A 1992 defines ‘employer’. It also considers other collective consultation obligations. For details of the statutory information and consultation obligations themselves, see Practice Note: Collective redundancy—statutory information and consultation obligations. Information and consultation are vital parts of any kind of fair dismissal and, if the employer wishes to minimise the risk of liability to pay compensation to affected employees, must play a significant role in any redundancy exercise. Under TULR(C)A 1992, where an employer is proposing to dismiss as redundant 20 or more employees at
GLOSSARY
A daily ceremony in a maintained school, usually 'wholly or mainly of a broadly Christian character'.
GLOSSARY
Colocation (also spelled collocation), is an ancillary service of the SMP communications provider, providing equipment space and facilities for rental to alternative communications providers in the access or interconnection points (eg MPoP, street cabinets). Colocation facilities provide space, power, cooling, and physical security for the networking equipment of the communications providers.
PRACTICE NOTES
NOTE—to see whether notification thresholds in Colombia and throughout the world are met, see further: Where to Notify. 1. There have been recent developments regarding the Colombian merger control regime. What are the main points of interest and are any further updates/developments expected in the coming year? Are there any other hot merger control issues in Colombia? The most recent development in relation to the Colombian merger control regime was the enactment of Law 2010 of December 2019, under which Congress authorised the Superintendence of Industry and Commerce (Superintendencia de Industria y Comercio, SIC), the national competition authority, to establish a filing fee for merger review proceedings. Pursuant to this authorisation, the SIC set the filing fee based on the type of filing and introduced separate fees for Phase 1 and Phase 2 clearance requests. In 2021, the SIC updated the merger review procedural guidelines through Resolution 2751 of 2021. This update did not substantially deviate from the previous rules set out in Resolution 10930 of 2015, except for the inclusion of the filing
GLOSSARY
The process of adding colour to a black-and-white film.
PRACTICE NOTES
This table summarises all completed investigations by the Colombian competition authority (the Superintendence of Industry and Commerce—SIC) investigations into alleged cartels, anti-competitive agreements and abuses of dominant positions since 2018. Note—only investigations that have been made public are included in this table. 2022 Investigations under Article 1 of Law 155 of 1959 col style="width: 33%;"> Case name, companies under investigation and industry Issues Developments Logistics• Transportes Especiales FSG• HDL Logística• 9 individuals Restrictive agreements—bid rigging • Infringement decision issued—02/08/2022; fines totalling COP $3.8bn imposed Construction• 4 undertakings (listed here) Cartel • Infringement decision issued—14/07/2022; fines totalling COP $101.5m imposed Liquor• 3 undertakings and 5 individuals (listed here) Cartel • Infringement decision issued—07/07/2022; fines totalling COP $17.6bn imposed Auction services• 5 undertakings and 5 individuals (listed here) Restrictive agreements and cartel • Infringement decision issued—23/06/2022; fines totalling COP $3.8bn imposed Logistics• Transportes Especiales FSG• HDL Logística• 9 individuals Restrictive agreements—bid rigging • Infringement decision issued—22/06/2022; fines totalling COP $3.8bn imposed School meals• 9 undertakings and 16 individuals (listed here) Cartel • Infringement decision issued—10/06/2022; fines totalling COP $28.4bn imposed Investigations under Article 50 of Decree 2153 of 1992 The SIC did not
GLOSSARY
One of the largest performance measurement and benchmarking services. Often used by trustees of pension funds to measure performance.
GLOSSARY
For reporting periods beginning before 29 June 2010, the key source of governance'>corporate governance recommendations for UK listed companies.