Copper cartel participant’s human rights appeal rejected by ECJ *

European Union - December 16 2011
The European Court of Justice (ECJ) has rejected arguments by two participants in a copper cartel that the General Court infringed community law and their fundamental right to a fair trial by failing to carry out an adequate review of the Commission’s decision.

Co-authors: Brian Sher, Cyrus Mehta.

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The OFT’s case goes up in smoke *

United Kingdom - December 16 2011
The Competition Appeals Tribunal (CAT) handed down a judgment on 12 December 2011, in which it refused to permit the Office of Fair Trading (OFT) to alter and refine its case against members of an alleged tobacco cartel.

Co-authors: Brian Sher, Cyrus Mehta.

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Commission erroneously evaluated tender on the basis of bidders’ experience *

European Union - December 16 2011
The General Court (GC) has criticised the European Commission’s basing of the award of a contract on the criterion of the tenderers’ experience in breach of procurement rules which require experience to be assessed at the selection stage.

Co-authors: Brian Sher, Cyrus Mehta.

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OFT considers market reference into the private healthcare market *

United Kingdom - December 16 2011
Following an initial review and report the Office of Fair Trading (OFT) is proposing to ask the CC to undertake a detailed investigation of the competition in the £5bn privately funded healthcare services market.

Co-authors: Brian Sher, Cyrus Mehta.

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Emergency bank aid rules extended – again! *

European Union - December 16 2011
Due to prolonged financial tension caused by the sovereign debt crisis, the Commission has extended the temporary state aid crisis framework to assess public support to financial institutions.

Co-authors: Brian Sher, Cyrus Mehta.

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