CASE HUB NOTE—appeal lodged before the General Court in Case T- 59/22 ARCHIVED—this archived case hub reflects the position at the date of the decision of 19 November 2021; it is no longer maintained. See further, timeline and commentary. Case facts Outline European Commission Article 101 TFEU investigation into a cartel for the supply of certain types of canned vegetables to retailers and/or food service companies in the EEA (AT.40127). Latest development On 19 November 2021, the Commission issued a second infringement decision in which it imposed fines totalling €20m on Conserve Italia (the Commission’s 2021 decision). Conserve Italia benefitted from 50% reduction of its fine for its cooperation with the Commission investigation under its 2006 Leniency Notice. Parties • Bonduelle, a French-based company which produces processed vegetables• Coroos, a Dutch-based company focussed on the preservation of fruits, vegetables and pulses• Groupe CECAB, one of France’s leading agricultural cooperatives and a major player in the European agricultural market• Conserve Italia Soc. coop. Agricola (its subsidiary Conserves France SA—together, Conserve Italia), an Italian agricultural cooperative producing, amongst other products,

CASE HUB NOTE—appeal lodged before the General Court in Case T- 609/19 ARCHIVED–this archived case hub reflects the position at the date of the decision; it is no longer maintained. See further, timeline, commentary and related cases. Case facts Outline European Commission merger investigation under Article 14(2) of the EU Merger Regulation into alleged gun-jumping by Canon in relation to its 2016 acquisition of Toshiba Medical Systems Corporation (Case (M.8179). Latest developments On 27 June 2019, the Commission issued its infringement decision and imposed a fine of €28m on Canon. The Commission found that Canon had implemented the first stage of the ‘warehousing housing’ transaction before notification to or approval by the Commission under the EU Merger Regulation (in breach of Articles 4(1) and 7(1) of the EU Merger Regulation). Parties Canon is a Japanese multinational corporation, specialising in the manufacture of imaging and optical products. Toshiba Medical Systems Corporation (TMSC) is a Japanese-based medical equipment company that provides medical imaging throughout the world. Background The Canon/Toshiba Medical Systems Corporation investigation

Canons of construction are the interpretative principles and presumptions courts use to read legal texts-principally statutes, but also contracts, deeds and wills. The expression is descriptive, not defined in legislation; the canons arise from case law and long‑standing maxims, applied alongside the Interpretation Act 1978 (E&W), the Interpretation and Legislative Reform (Scotland) Act 2010, the Interpretation Act (Northern Ireland) 1954 and Ireland’s Interpretation Act 2005.Common canons include: the purposive/mischief approach (Heydon’s Case) alongside ordinary meaning; ejusdem generis; noscitur a sociis; expressio unius est exclusio alterius; contra proferentem; presumptions against retrospectivity, against ousting the courts’ jurisdiction and against interfering with fundamental rights (principle of legality). They are non‑hierarchical, context‑sensitive and may point in different directions; clear text and overall statutory or contractual context prevail.In practice, advocates deploy canons to resolve ambiguity, choose between rival readings, address silence, and support or resist implied terms. They may justify limited use of extrinsic materials (e.g. Pepper v Hart and Explanatory Notes) in the UK.Usage is broadly consistent across England & Wales, Scotland and Northern Ireland, influenced by section 3 Human Rights Act 1998. In Ireland, similar canons apply, shaped by the Constitution, the presumption of constitutionality and the “double construction” rule. Canons aid, but do not replace, textual and contextual analysis.

Canterbury Newsroom has announced that Canterbury City Council has secured a closure order for a council property in Herne following persistent severe levels of anti-social behaviour. The order, obtained at Margate magistrates’ court on 2 September 2022, prevents a tenant and a number of other individuals from entering the block where the property is located for three months. According to the Council, during the three months of the order, Council officers will seek possession of the tenant’s home to prevent repeated issues with noise, threats of violence and visitors coming and going at all hours.

Whether you can charge your client for preparing your client care letter appears to be more of a contractual issue than a compliance matter. The Solicitors Regulation Authority (SRA) prohibits you from charging a client for handling a complaint. There does not appear to be a comparable restriction on charging the client for preparing the client care letter. Your client care letter should be tailored to the needs of the particular client and will need to cover a whole host of issues required by the SRA. See Practice Note: Client care letter and terms of business—information requirements. This will involve significant preparation time on your part. The question is: at the time you write the client care letter, do you have a retainer

Abbreviation of ‘market capitalisation’. Capital appreciation (or gain). An increase in an asset's price.

FORTHCOMING DEVELOPMENT: Section 10 of the Finance Act 2022 will increase the normal minimum pension age (NMPA) from 55 to 57 on 6 April 2028 (save for members of the firefighters, police and armed forces public service pension schemes). The Finance Act 2022 will also give members of registered pension schemes a right to take their benefits before age 57, if on or before 4 November 2021 they either had an ‘unqualified right’ to take benefits or were in the process of a substantive transfer to a scheme offering an unqualified right to a protected pension age of less than 57 on or before 4 November 2021. To benefit from this new 2028 protection, the rules of the pension scheme must have included (on 11 February 2021) an unqualified right to take the entitlement to scheme benefits before age 57. For further information, see Practice Note: Increasing the normal minimum pension age (NMPA) to 57—pensions impact. Since 31 March 2017, a cap applies to early exit charges in personal pension

The cap on unlimited income tax reliefs applies from 6 April 2013. It prohibits relief for certain types of losses, which could otherwise be set off against general income at Step 2 of the income tax calculation (for which see Practice Notes: The basis of calculation of income tax—Step 2—deduct tax reliefs and Relief for income tax losses). HMRC issued draft guidance in 2013, which has been archived and guidance is now included in Helpsheet 204. How does the cap operate? The cap only applies to individuals, ie not to companies or other corporate bodies. The cap can only apply where the taxpayer is claiming at least £50,000 of specified reliefs in any one tax year, and so is unlikely to affect the majority of individuals. The cap acts to limit the relief to the person's individual relief cap, which is the greater of: • £50,000, or • 25% of adjusted total income This means that the individual must have adjusted total income of over £200,000 for their cap to be

A term used to describe the employee's ability to undertake the work required under the contract.

A term used to describe an employee's dismissal on grounds of capability.

What is the Capacity Market? The Capacity Market (CM) is one aspect of the government’s Electricity Market Reform (EMR) programme. It is a legislative mechanism which aims to encourage the provision of reliable electricity capacity, in order to avoid future shortfalls in available electricity. This Practice Note focuses on the rights and obligations of those who are successful in the prequalification and auction process through which CM support is awarded. For: • a detailed overview of the CM more broadly, see Practice Note: Capacity Market—key features • detailed information on the prequalification and auction process through which CM support is awarded, see Practice Note: Capacity Market prequalification and auction process • information on EMR more generally, see Practice Note: Electricity Market Reform (EMR) As set out in more detail in Practice Note: Capacity Market—key features, the key legislation and rules which underpin the CM mechanism are the: • Electricity Capacity Regulations 2014, SI 2014/2043, as amended (the Capacity Regulations) • Capacity Market

A legislative mechanism introduced to secure security of electricity supply. It is designed to ensure sufficient reliable capacity is available by providing payments to encourage investment in new capacity or for existing capacity to remain open.