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PRACTICE NOTES
CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision to close the investigation on 12 March 2021; it is no longer maintained. See further, timeline, commentary and related cases. Case facts Outline European Commission merger investigation into the planned acquisition of Telefónica Deutschland of E-Plus (Case M.7018). The transaction involves horizontal overlaps in the mobile telecommunications market in Germany, where the parties are two of the four operators. Latest developments On 12 March 2021, the Commission closed its investigation without taking any action. Parties Telefonica Deutschland and E-plus. Telefónica Deutschland and E-Plus are mobile network operators (MNOs) and provide mobile telecommunications services to end consumers in Germany, as well as in related markets such as the wholesale of network access and call origination. Telefónica Deutschland is a subsidiary of Telefónica SA, headquartered in Spain. E-Plus is the German subsidiary of the Dutch operator Koninklijke KPN NV (KPN). Background The Commission cleared the transaction subject to commitments on 2 July 2014. The commitments accepted are in three parts: (1) to sell before
PRACTICE NOTES
CASE HUB (appeals lodged by Telefonica and Portgual Telecom at the General Court in Cases T- 216/13 and T- 208/13–see Cases T-208/13 Portugal Telecom v Commission and T-216/13 Telefónica v Commission (non-compete)) ARCHIVED–this archived case hub reflects the position at the date of the decision of 23 January 2013; it is no longer maintained. Case facts Outline European Commission Article 101 TFEU investigation into Telefónica and Portugal Telecom
PRACTICE NOTES
What is a television format? A television format is a concept or idea for a television programme or series of programmes presented in a particular way, often including characteristic features (such as music, branding or a particular setting) that are then repeated in each programme. In the non-scripted space, game show formats are popular, and the partially scripted reality TV shows ‘Love Island’ and ‘Big Brother’ are examples of successful television formats and how these can be exploited not only in the UK, but also adapted for exploitation in international markets. ‘Downton Abbey’ is an example of a successful scripted series, based on an original format created by Julian Fellowes. New television formats can also be created when the characters, storylines and settings of an existing work are altered to such a degree as to create a new, original format. Examples include the US show ‘Elementary’ and the UK series ‘Sherlock’, which both depart significantly from the original Arthur Conan Doyle story Sherlock Holmes. Format rights are important both commercially and creatively in the UK and internationally and
PRECEDENTS
This Agreement is made on [insert date] Parties 1 [insert name], a company incorporated in [England and Wales] whose registered number is [insert company number] and whose registered office is at [insert registered office] (‘Producer’); and 2 [insert name] of [insert address] (‘Lender’) for the services of [insert name] (‘Presenter’). The parties agree: 1 Definitions and interpretation 1.1 For the purposes of this Agreement, the following words and phrases shall have the following meanings: Event of Force Majeure • means Act of God, including but not limited to fire, flood, earthquake, windstorm, or other natural disaster; act of any sovereign, including but not limited to war, invasion, act of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion revolution, insurrection, military or usurped power, or confiscation, nationalisation, requisition, destruction or damage to property by or under the order of any government or public or local authority, or by imposition of government law, judgment, order or decree, sanction, embargo, or similar action, blockade or labour dispute, including but not limited to strike lockout or boycott; epidemic or pandemic; interruption or failure of utility service,
PRECEDENTS
From: [insert name of contributor] (‘me’ or ‘I’) To: [insert name of production company] (‘you’) Dated: [insert date] Dear [insert organisation name] ([insert name of production]) (the Production) In consideration for the payment by you to me of the sum of £[insert amount] (the receipt of which I acknowledge) I confirm, warrant and agree as follows: 1 I am the sole author and owner of the [specify nature of work and title] (the Work). 2 For the full period of copyright protection in the Work arising pursuant to the laws in force in any part of the world (including all renewals, revivals, reversions and extensions), I now irrevocably grant to you, your successors, licensees and assignees the [sole OR exclusive] right to: 2.1 incorporate the whole or any part of the Work in the Production; or 2.2 to
PRACTICE NOTES
CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 12 November 2019; it is no longer maintained. See further, timeline, related cases. Case facts Outline European Commission merger investigation into the proposed acquisition by Telia Company AB of Bonnier Broadcasting Holding AB (Case M.9076). The transaction involves vertical overlaps in markets for TV and telecommunications in Finland and Sweden. Latest developments On 12 November 2019, the Commission cleared the transaction subject to commitments. Under the commitments: • access will be given to the merged entity’s free-to-air and basic pay TV channels, as well as to premium pay TV sports channels • access will be given to the merged entity’s streaming services • access will be given to the merged entity’s TV advertising space, and • confidential information concerning rival TV broadcasters, TV distributors and telecom providers will be protected. Parties Telia Company AB (publ) (Telia) is a Swedish telecommunication operator and the parent company of the Telia group. The Telia group provides mobile and fixed telecommunications services as well as broadband and
PRACTICE NOTES
CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the abandonment of the transaction on 11 September 2015; it is no longer maintained. See further, timeline, commentary and related cases. Case facts Outline European Commission merger investigation into the proposed joint venture between TeliaSenora and Telenor (Case M.7419). The transaction involves horizontal overlaps principally in the mobile telecommunications market in Denmark. Latest developments On 11 September 2015, Telenor and TeliaSonera announced they were abandoning the proposed merger of their respective business units in Denmark and withdrawing the merger notification. The Commission has confirmed that the merger was abandoned because the parties were unable to fully address its concerns regarding the proposed merger. The proposed commitments that the parties had offered did not meet the Commission's expectations, namely the creation of a fourth competitor in the market. Parties TeliaSonera AB is a Swedish based telecommunications operator, with shares quoted on the Stockholm and Helsinki stock exchanges. In the EEA, the TeliaSonera group provides telecommunications services in Denmark, Sweden, Finland, Estonia, Latvia, Lithuania and
NEWS
Law360: A healthcare recruitment agency must repay £36,817 to a social worker contracted by the Home Office after deducting employer’s National Insurance contributions (NICs) from her wages that it was liable to cover with its own money, an employment tribunal has ruled.
NEWS
Law360: A temporary worker has lost his claim that the Scottish government discriminated against him over his belief that sex is immutable after an employment tribunal found that he was deliberately provoking colleagues who might disagree with him.
NEWS
Law360: The Employment Appeal Tribunal (EAT) has ruled that a temp worker can claim back two years of holiday pay from her former employer after the UK Supreme Court ruling in Agnew removed a limit barring pay claims that had more than a three-month gap between underpayments.
PRECEDENTS
This Agreement is made on [date] Parties 1 [insert name of Party A][ of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at OR [insert address] (Party A); and 2 [insert name of Party B] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Party B), (each of Party A and Party B being a party and together Party A and Party B are the parties). Background (A) Party A carries on the business of [insert description of Party A’s business]. (B) Party B carries on the business of [insert description of Party B’s business]. (C) Party A and Party B have agreed that [insert description of proposed transaction] upon the terms and conditions of this Agreement. 1 Definitions and interpretation 1.1 Definitions In this Agreement: Affiliate • means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with, another entity; Authorised Persons • means a party’s[ and its Affiliates’] officers, directors, members, partners, and any of [its OR their] employees, consultants, agents, representatives or professional advisers; Business Day • means a day other than a Saturday,
PRECEDENTS
This Precedent is an adaptable Word template, which can be saved, downloaded or printed from this link: Completion statement—sale of property This Precedent is a template simple completion statement, which can be adapted for a sale of freehold or leasehold land (whether with vacant possession or subject to leases). It includes provisions for the purchase price and deposit, additional fixed sums, apportionments and late completion. It is intended as a starting point and should be tailored for the specific transaction. It is not intended for use on the grant of a lease. Read the contract Before preparing a completion statement, read the contract carefully to ascertain: • any fixed sums that the buyer must pay to the seller on completion in addition to the purchase price—eg sums to be paid for chattels, fixtures, arrears, capital allowances etc • any fixed sums that the seller must pay/allow to the buyer on completion, eg deposit, a retention sum, a rental top up payment to cover an outstanding rent free period etc • any sums that must be apportioned (and paid/allowed) between the buyer and the seller