CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 9 July 2013; it is no longer maintained. See further, timeline and related cases. Case facts Outline UK merger investigation into the proposed acquisition by AG Barr of Britvic. Latest developments On 9 July 2013, the Competition Commission issued its final report and unconditionally cleared. Since the CC's clearance decision, Barr has abandoned its plan to acquire Britvic. Parties AG Barr plc (Barr) and Britvic plc (Britvic)The parties supply a range of carbonated and non-carbonated soft drinks brands. Barr's brands include Orangina, KA, Rubicon and IRN-BRU, Britvic's brands include Robinsons, Fruit Shoot, Tango and

Advocate General (AG) Kokott issued her opinions in Cases C-176/19 P Commission v Servier and Others and C-201/19 P Servier and Others v Commission, appeals against Case T-691/14 which partially upheld an action for annulment of the European Commission's decision in Servier and others (Perindopril) (AT.39612).

The Court of Justice has published Advocate General (AG) Nicholas Emiliou's Opinon on the Illumina-Grail merger cases which concern Illumina Inc., a US-based company, acquiring sole control of Grail LLC, another US-based company that develops blood tests for cancer detection. The Opinion states that the Court of Justice should set aside the General Court's judgment since it erred in its interpretation of Article 22 of the Merger Regulation. Under a proper construction, that provision does not empower the Commission to adopt decisions such as those challenged, and therefore those decisions and the information letter should be annulled. While it is the AG's role to propose legal solutions to cases, his Opinion is not binding on the Court of Justice.

IP analysis: The Advocate General examined whether the General Court exceeded its jurisdiction to alter decisions by assessing the facts of the case and considering and deciding on an element that had not been a part of the decision under appeal. The opinion also reviews the appeal filtering mechanism which is designed to reduce the number of appeals and to ensure only those that are likely to have a significant impact beyond the current case move forward. The opinion confirms that a serious legal principle was at issue, namely the extent of the jurisdiction to alter a decision exercised by the General Court. Written by Helene Whelbourn, legal director and Chartered Trade Mark Attorney at Lee & Thompson LLP.

IP analysis: AGA Rangemaster Group Ltd ('AGA') has prevailed in a trade mark infringement action brought against a seller of AGA cookers, refurbished and fitted with an electronic control system ('eControl System'). The defendants' counterclaim for a declaration of invalidity in relation to two of the six trade marks relied upon by AGA failed and it was held that the second defendant was not liable as a joint tortfeasor in respect of the first defendant's infringing acts. AGA also advanced a claim of copyright infringement against the first defendant, which was ultimately dismissed. However, this News Analysis focuses on the aspects of this case related to trade mark infringement. In this decision, the court provided helpful commentary on joint tortfeasance following Lifestyle Equities CV v Ahmed [2024] UKSC 17 and guidance for sellers of second-hand goods in relation to the marketing of their products. Written by Amanda McDowall (partner) and Sophie Anim (associate) at Lee & Thompson LLP.

See Annual General Meeting (AGM).

Market Standards and Lexis+® UK Practical Guidance have reported on the voting patterns displayed at the annual general meetings (AGMs) of FTSE 350 companies at the close of the 2024 AGM season, and examines the issues for companies looking forward to the 2025 season. It includes commentary throughout from Will Chalk, Partner, Ashurt, and concludes with some final thoughts from Wilma Rix, senior associate, Linklaters, and Pete Fowler (Chief Operating Officer, Lumi Global). Read the full report here: Market Standards

ARCHIVED: This content was published in 2014 and is not maintained. This Market Standards Trend Report analyses the latest market practice and emerging trends coming out of the 2014 annual general meeting (AGM) season. The report is split into 3 main

ARCHIVED: This content was published in 2015 and is not maintained. This Market Standards trend report analyses the latest market practice and trends emerging from the 2015 season of annual general meetings (AGMs) held by the companies

ARCHIVED: This content was published in 2016 and is not maintained. This trend report analyses market practice and trends emerging from the 2016 season of annual general meetings (AGMs) held by the companies

ARCHIVED: This content was published in 2016 and is not maintained. STOP PRESS: A significant restructuring of the UK listing regime came into effect on 29 July 2024 which included the removal of the premium and standard listing segments and the creation of a single listing category for equity shares in commercial companies. The commercial companies category is heavily disclosure-based and sits alongside other listing categories such as the shell companies, secondary listing and closed ended investment fund categories. A new UK Listing Rules sourcebook came into force to implement the changes and the previous Listing Rules sourcebook was revoked. For further information, see Practice Note: Reform of the UK listing

ARCHIVED: This content was published in 2017 and is not maintained. Market Standards’s latest trend report analyses the latest market practice and trends emerging from the FTSE 350 annual general meeting (AGM) season 2017. This report takes an in-depth look at: • the latest developments in, and levels of compliance with requirements for, narrative reporting in the annual reports and accounts • AGM notices, analysing recent developments and practice regarding the resolutions proposed this season, and • voting results and interesting trends emerging from AGMs held