Lawyers do funny things to words. Sometimes, of course, they need to create a technical term to cover something that doesn’t exist in ordinary parlance. “Tort” is an obvious example. Yes, you can talk about a civil wrong that has no element of contract to it but that’s a longwinded way of expressing yourself. Most…

In a recent judgment of December 15, 2010, the General Court had an opportunity to discuss the competitive analysis of aftermarkets. At issue in that case were complaints by independent watch repairers that they were unable to obtain spare parts from manufacturers of luxury watches. The Commission rejected these complaints inter alia on the ground…

Co-authored by: David Little The U.K. Court of Appeal has recently rebuffed an attempt by Plaintiff’s firm, Hausfeld, to bring a collective “opt out” style action using Rule 19.6 of the CPR rules (Emerald Supplied Limited v. British Airways [2010] EWCA Civ. 1284). The claim arose from the European Commission’s investigation into the alleged air cargo…