This Agreement is made on [date] Parties 1 [insert name of supplier] [of OR trading as [insert trading name] of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Supplier); and 2 [insert name of customer] [of OR trading as [insert trading name] of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Customer), (each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties). Background (A) The Supplier conducts the business of supplying [insert description] to other businesses. (B) The Customer conducts the business of [insert description]. (C) The parties have agreed that the Supplier shall supply goods to the Customer on the terms and conditions set out in this Agreement. (D) The parties contemplate that the Supplier shall supply the goods to the Customer in a series of supplies over time rather than a single supply. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: Affiliate • means any entity that directly or indirectly Controls, is Controlled by, or is under

This Agreement is made on [date] Parties 1 [insert name of supplier] [of OR trading as [insert trading name] of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Supplier); and 2 [insert name of customer] [of OR trading as [insert trading name] of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Customer), (each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties). Background (A) The Supplier conducts the business of supplying [insert description] to other businesses. (B) The Customer conducts the business of [insert description]. (C) The parties have agreed that the Supplier shall supply Goods to the Customer on the terms set out in this Agreement. (D) The parties contemplate that the Supplier shall supply the goods to the Customer in a series of supplies over time rather than a single supply. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: [Actual Spend • has the meaning given in clause 4.2;] Affiliate • means any entity that directly or indirectly Controls, is Controlled by,

THIS AGREEMENT is made on [date] Parties 1 [Insert name of party ][of OR trading as [insert trading name] of OR a company incorporated in [insert place of incorporation, eg England and Wales] under number [insert registered number] whose registered office is at] [insert address](Supplier); and 2 [Insert name of party ][of OR trading as [insert trading name] of OR a company incorporated in [insert place of incorporation, eg England and Wales] under number [insert registered number] whose registered office is at] [insert address](Customer), (each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties). background (A) The Supplier conducts the business of supplying [insert description] to other businesses. (B) The Customer conducts the business of [insert description]. (C) The parties have agreed that the Supplier shall supply goods to the Customer on the terms and conditions set out in this Agreement. (D) The parties contemplate that the Supplier shall supply the goods to the Customer in a series of supplies over time rather than a single supply. THE Parties agree: 1 Definitions and interpretation 1.1 In this Agreement: Affiliate • means any entity that directly or indirectly

CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 17 December 2020; it is no longer maintained. See further: timeline and commentary. Case facts Outline CMA Article 101 TFEU/Chapter I investigation into alleged price-fixing in the market for the supply of groundworks products to the construction industry. Latest developments On 17 December 2020, the CMA issued its infringement decision finding that Vp plc, MGF (Trench Construction Systems) Ltd, and Mabey Hire Ltd, breached the Chapter I prohibition and Article 101 TFEU by: (i) sharing confidential information on future pricing and commercial strategy; and (ii) coordinating their commercial activities to reduce uncertainty. The CMA imposed a fine totalling £14.9m on Vp plc and MGF (Trench Construction Systems) Ltd. Mabey Hire Ltd was not fined as it was granted immunity under the CMA’s Leniency Programme. Parties • MGF (Trench Construction Systems) Ltd (MGF) (parent company, MGF Limited): MGF is headquartered in Wigan and provides excavation safety solutions to the construction industry, including shoring, trench sheet piles,

CASE HUB NOTE—appeal lodged before the CAT in Case 1337/1/12/17 See further, timeline and commentary. Case facts Outline CMA Article 101 TFEU/Chapter I investigation into a price-fixing and market-sharing cartel in the market for the supply of pre-cast concrete drainage products (Case 50299). Latest developments On 18 March 2021, the CMA announced that it had secured legally binding disqualification orders from: (i) Mr Eoin McCann (FP McCann Limited); and (ii) Mr Francis McCann (FP McCann Limited).Mr Eoin McCann has given an undertaking not to act as a director of any UK company for a period of 12 years.Mr Francis McCann has given an undertaking not to act as a director of any UK company for a period of 11 years. Parties • Stanton Bonna Concrete Limited and its parent companies Bonna Sabla SA, Consolis Finance SAS, Consolis SAS, and Consolis Group SAS (together, SBC)• CPM Group Limited (CPM)• FP McCann Limited (FP McCann) Market(s) The supply of pre-cast concrete drainage products in Great Britain. These products are used in large infrastructure projects across

CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 27 March 2017; it is no longer maintained. See further, timeline. Case facts Outline CMA Article 101 TFEU/Chapter I investigation into two cartels in the furniture sector(, involving market sharing, price-fixing, bid-rigging and the exchange of commercially sensitive information (case CE/9882-16). Latest developments On 27 March 2017, the CMA issued its infringement decisions and imposed fines totalling over £2.8m. The fines imposed are as follows: • BHK (UK) Ltd–no fine after being awarded immunity • Thomas Armstrong (Timber) Ltd and its parent company, Thomas Armstrong (Holdings) Ltd– £1,509,000 in relation to the drawer wraps cartel and £684,000 in relation to the drawer fronts cartel (both including 20% reductions under the CMA's settlement process) • Hoffman Thornwood Ltd and its parent company, Consolidated Timber Holdings Ltd–£625,000 in relation to the drawer fronts cartel (this figure is lower than the maximum fine agreed in the settlement) (including a 20% reduction under the CMA's settlement process). Parties •

Anything done for a consideration which is not a supply of goods is a supply of services, unless it is specifically treated as neither a supply of goods nor a supply of services. VAT is charged on a supply of services.

CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 29 March 2018; it is no longer maintained. See further, timeline and commentary. Case facts Outline CMA Article 101 TFEU/Chapter I investigation into two cartels in the furniture sector, involving market sharing, price-fixing, bid-rigging and the exchange of commercially sensitive information (case CE/9882-16). Latest developments On 29 March 2018, the CMA issued its infringement decision. The following fines have been imposed: • CPL–£2,816,514 • Fuel Express–£627,867. Both fines include discounts under the CMA’s settlement procedure. Parties • CPL Distribution Limited and CPL Industries Holdings Limited (together, CPL), the largest coal merchant in the UK.

This Agreement is made on [date] Parties 1 [insert name of supplier][ of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Supplier); and 2 [insert name of customer][ of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Customer) (each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties). Background (A) The Supplier conducts the business of supplying warehousing and transport services. (B) The Customer conducts the business of [insert description]. (C) The parties have agreed that the Supplier shall supply warehousing and transport services to the Customer on the terms set out in this Agreement. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: Adequate Procedures • shall be construed in accordance with BA 2010 and guidance published under it; Affiliate • means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with, another entity; Assigned Employees • has the meaning given in paragraph 6.1.1 of Schedule 5; Associated With • when used in: (a) paragraph 1 of Schedule

This Precedent clause is for a supply agreement requiring the supplier/contractor to procure energy from renewable sources. The clause future proofs contracts, avoids re-procurement (as the global mix of energy supply swings towards renewable sources),

The offence of supplying controlled drugs The section 4 of the Misuse of Drugs Act 1971 (MDA 1971) creates several supply offences. Under MDA 1971, s 4(3) it is an offence to: • supply a controlled drug to another (MDA 1971, s 4(3)(a)) • offer to supply a controlled drug to another (MDA 1971, s 4(3)(a)) • be concerned in the supply of a controlled drug to another (MDA 1971, s 4(3)(b)), and • be concerned in the making of an offer to supply a controlled drug (MDA 1971, s 4(3)(c)) All offences are triable either way unless it would be the accused’s third conviction for a Class A drug trafficking offence, in which case it must be dealt with in the Crown Court because it will carry a minimum of seven years’ imprisonment, see below: Sentence for supplying controlled drugs. All matters involving supplying are likely to be committed to the Crown Court for trial although it may be appropriate for cases involving non-commercial supply (eg between friends) of

ARCHIVED: This Checklist has been archived and is not maintained. Brexit: As of exit day (11 pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Checklist. For further guidance, see Brexit Bulletin—key updates, research tips and resources and Brexit collection. On 3 February 2020, the UK and EU set out their opening negotiating positions for a post-Brexit UK-EU relationship. While the Political Declaration, appended to the Withdrawal Agreement, sets out the framework for the future relationship with the EU, it is not legally binding, meaning that either side can choose to depart from parts or all of the text. If negotiations for a trade agreement between the UK and the EU fail (a no trade deal Brexit), the UK’s