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Test case: we're all equal (but just not yet)!

A&L Goodbody
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Belgium, European Union
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March 21 2011

On 1 March 2011, the Court of Justice of the European Union (CJEU) decided the so-called Test Achats case on insurance premiums

CJEU judgment on compulsory healthcare schemes

A&L Goodbody
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European Union, France
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March 21 2011

On 3 March 2011, the European Court of Justice (CJEU) handed down its judgment on a reference from a French district court asking whether a compulsory healthcare scheme in the French bakery sector was subject to competition law

Advocate General's opinion on absolute ban on internet sales in selective distribution agreements

A&L Goodbody
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France
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March 21 2011

Pierre Fabre Dermo-Cosmétique (PFDC) which is a manufacturer of cosmetic and personal care products, challenged the decision of the (now) Autorité de la Concurrence (French Competition Authority) before the Cour d'appel de Paris (Paris Court of Appeal) that PFDC's banning of all internet sales under its distribution agreements constituted anti-competitive agreements which infringed the French Commercial Code as well as EU competition law

Judgments of the General Court in cartel appeals regarding gas insulated switchgear

A&L Goodbody
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European Union
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March 21 2011

On 3 March 2011, the EU's General Court reduced the fines of certain members of the gas insulated switchgear cartel but upheld the fine of 396.6 million imposed on Siemens

Limits on transparency obligations for Part B service contract - Release Speech Therapy Limited v Health Service Executive

A&L Goodbody
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Ireland
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March 21 2011

On 18 February 2011, the High Court (McMahon J) dismissed a challenge from an unsuccessful tenderer in relation to a tender competition organised by the Health Service Executive (HSE) for the provision of early intervention diagnostic and treatment speech and language therapy services

Irish competition law: concept of undertaking

A&L Goodbody
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Ireland
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March 21 2011

On 8 March 2011, the High Court (Cooke J.) determined that the HSE was an "undertaking" for the purposes of competition law when engaged in arranging or providing ambulance and other means of transport for patients to and from hospitals and other health facilities in the State

Costs awarded to acquitted defendants in Mayo waste cartel case

A&L Goodbody
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Ireland
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May 19 2010

In March 2009, Mr Justice Liam McKechnie awarded all the defendants in the Mayo waste case their costs following their acquittal by a jury on all counts of bid rigging in July 2009

Time limits for court challenges - Commission v. Ireland

A&L Goodbody
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European Union, Ireland
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May 19 2010

In its judgment of 28 January 2010 in Commission v. Ireland (Case C-45608), the Court of Justice of the European Union (CJEU) held that Order 84A of the Rules of the Superior Courts which sets out the procedure and timeframe for initiating a challenge to a procurement procedure is contrary to EU law

Dublin local authorities' waste management regime quashed

A&L Goodbody
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Ireland
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May 19 2010

Private waste contractors, led by Panda Waste Services and represented by A&L Goodbody, succeeded in their High Court challenge to a decision by the four Dublin local authorities to vary the authorities' waste management regime

BSkyB ordered to reduce ITV stake to 7.5

A&L Goodbody
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United Kingdom
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May 19 2010

On 21 January 2010, the English Court of Appeal confirmed that British Sky Broadcasting Group plc (BSkyB) must reduce its stake in ITV plc (ITV) from 17.9 to below 7.5

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