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GLOSSARY
These may arise in both horizontal and non-horizontal mergers where the merger allows or enhances the ability of several firms (including the merged entity) jointly to increases prices where this creates or strengthens the conditions for tacit co-ordination between them.
PRACTICE NOTES
CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the decision on 14 July 2023; it is no longer maintained. See further, timeline. Case facts Outline UK merger investigation into the completed acquisition by Copart, Inc. of Green Parts Specialists Holdings Ltd (formerly named ILT Project) (Hills Motors). The transaction involves horizontal overlaps in the supply of salvage vehicle commercialisation services and the supply of salvage vehicles. Latest developments On 15 December 2023, the CMA issued a penalty notice on Copart, Inc. CPRT LLP for their failure to comply with the initial enforcement order (IEO) issued by the CMA on 9 August 2023. The CMA found that Copart committed three separate breaches of the IEO as a result of conduct in relation to three requests for proposals for the supply of salvage and related services issued by three separate insurers. Copart submitted and continued to negotiate proposals that combined elements of the Hills Motors business with the Copart business. Two of the proposals were submitted prior to the IEO, but negotiations continued
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. Snapshot on the Copenhagen Accord 2009 Title Copenhagen Accord Location Copenhagen, Denmark Date 7–19 December 2009 Subject Climate change The 15th session of the Conference of the Parties (COP15) to the United Nations Framework Convention on Climate Change (UNFCCC) and the 5th session of the Conference of the Parties serving as the Meeting of the Parties to the Kyoto Protocol (CMP 5) took place in Copenhagen in 2009. According to the Bali Road Map in 2007, a framework for climate change mitigation beyond 2012 was to be agreed, yet no new binding agreement was reached, nor was a future deadline set for the agreement of such a treaty. Ban Ki-moon, then UN Secretary-General stated that the Copenhagen Accord ‘cannot be everything that everyone hoped for, but it is an essential beginning’. 119 world leaders attended the conference, making it the largest gathering of heads of state and government in the history of the UN. Ban Ki-moon urged world leaders
NEWS
Neil Corre of Redbourne Chambers examines the Court of Appeal’s approach to the Crown Court's failure to comply with statutory procedure in regard to an indictment. The case law shows the court is likely to take a purposive approach to procedural irregularity but stands as timely reminder for lawyers on the risks of procedural irregularities.
GLOSSARY
Encapsulation technique for the storage of spent nuclear fuel used in Sweden.
GLOSSARY
The main transmission medium used in telephony networks to connect a telephone or other apparatus to the local exchange. Copper lines have relatively narrow bandwidth and so have limited ability to carry broadband services such as video unless combined with an enabling technology such as ADSL (Asymmetric Digital Subscriber Line). This is because copper or metallic lines can only transmit analogue signals.
NEWS
Arbitration analysis: The case concerned an application to set aside an arbitral award (‘Award’) rendered by the majority of a three-member tribunal (‘Majority’) in a Singapore-seated arbitration administered by the International Chamber of Commerce (ICC). In a departure from the usual judicial reluctance to interfere with arbitral awards, the Singapore International Commercial Court (‘SICC’) set aside the Award for breach of natural justice, holding that the Majority had breached (a) the rule against bias in the form of prejudgment, and (b) the fair hearing rule. The claimant’s principal complaint was that the Majority had prejudged the dispute by cutting and pasting its reasoning and conclusions on all issues in the Award from awards issued in prior related arbitrations, rather than approaching the dispute with an impartial and independent mind. This analysis examines how the circumstances in this case satisfied the high threshold required to set aside an award for breach of natural justice. Written by Swee Yen Koh, S.C, head of International Arbitration, partner, Laura Chang, partner, and Alessa Pang, partner, at WongPartnership LLP.
GLOSSARY
The copying of a copyright work is an act restricted by the copyright.
PRACTICE NOTES
This Practice Note examines legal and practical issues relating to the copying of software. It sets out protections under copyright law to combat unauthorised copying of software and explores the extent to which software can be copied lawfully. It further explores developments planned in the area of copyright protection that are likely to have an impact on the copying of software. The legal framework Computer programs may be eligible for copyright protection as ‘literary works’ under the Copyright, Designs and Patents Act 1988 (CDPA 1988). Other regulations relevant to the protection of rights in software include: • the Copyright (Computer Programs) Regulations 1992, SI 1992/3233—these amended CDPA 1988 regarding copyright protection of computer programs • the Copyright and Rights in Databases Regulations 1997 (CRD 1997), SI 1997/3032—these amended CDPA 1988 regarding copyright and measures relating to the prevention of the unauthorised extraction of the contents of a database and the unauthorised re-utilisation of those contents • the Electronic Commerce Directive (EC Directive) Regulations 2002, SI 2002/2013—these were brought into force in order
GLOSSARY
Any property right over certain creative works, which grants exclusive right to the owner.
GLOSSARY
Copyright is a form of intellectual property protecting artistic or creative works, such as books and other written material, drama, music, art, sound and video recordings, broadcasts and software. Different versions of a work may be protected by different copyrights, eg the book and stage versions of a play. Copyright protects the expression of information or an idea, not the information or idea itself.
GLOSSARY
The Copyright Licensing Agency licenses the copying of extracts from published copyright content including print publications and digital works. Its member organisations are: the Authors’ Licensing and Collecting Society, Publishers’ Licensing Services—representing the rights of authors and publishers respectively, the Design and Artists Copyright Society and the Picture Industry Collecting Society for Effective Licensing (PICSEL) who look after the rights of visual artists.