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Irish competition law: concept of undertaking
- A&L Goodbody
- -
- Ireland
- -
- 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
Safeway Stores Ltd and others v Twigger and others
- A&L Goodbody
- -
- United Kingdom
- -
- May 19 2010
The UK supermarket chain, Safeway, which is to be fined by the Office of Fair Trading for cartel offences involving supermarkets and dairy processors, is entitled in principle to recover the fine from the employees and directors who caused it to breach the applicable competition laws
Voluntary application of procurement regulations - Sidey Ltd v Clackmannanshire Council
- A&L Goodbody
- -
- United Kingdom
- -
- May 19 2010
In Sidey Ltd v Clackmannanshire Council 2009 CSOH 166, the Court of Session in Scotland set-aside a £2.5m contract (below threshold) concluded between a local authority and a bidder following a public procurement process
Letter before action - Michael Gillen and Flosshaul Ltd v Inverclyde Council
- A&L Goodbody
- -
- United Kingdom
- -
- May 19 2010
In Michael Gillen and Flosshaul Ltd v Inverclyde Council 2010 CSOH 19, the Scottish Court of Session dismissed two actions for damages taken against Inverclyde Council for breach of the Scottish Procurement Regulations in its award of a contract for the provision of bus services
Change in subcontractor Wall v Stadt Frankfurt am Main
- A&L Goodbody
- -
- European Union, Germany
- -
- May 19 2010
In Wall v Stadt Frankfurt am Main (Case C-9108, judgment of 13 April 2010), the CJEU held that a change of subcontractor (even if the possibility of a change is provided for in the contract) may in exceptional cases constitute a material amendment to the contract where the use of a particular subcontractor was a decisive factor in awarding the contract
Time limits for court challenges - Uniplex (UK) Ltd v. NHS BSA
- A&L Goodbody
- -
- European Union, United Kingdom
- -
- May 19 2010
On the same day as the Commission v. Ireland case, the CJEU handed down its judgment in Uniplex (UK) Ltd v. NHS Business Services Authority
Award of contracts for non-priority service contracts may be subject to a standstill requirement
- A&L Goodbody
- -
- Ireland
- -
- March 16 2009
Contracting authorities awarding non-priority service contracts will need to bear in mind a recent decision from the Northern Ireland High Court which found that a standstill period may be required for such awards under fundamental principles of EC law
Costs awarded to acquitted defendants in Mayo waste cartel case
- A&L Goodbody
- -
- Ireland
- -
- 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
- -
- European Union, Ireland
- -
- 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
- -
- Ireland
- -
- 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
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- Firm Name - A&L Goodbody
- Author - Anna-Marie Curran
- Workarea - Litigation