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Herbert Smith Freehills LLP | United Kingdom | 26 May 2022

Court of Appeal finds claim for wasted expenditure not excluded by clause excluding consequential losses

The Court of Appeal has found that a clause excluding consequential losses, or loss of profits, revenue or savings, did not preclude a claimant…
How-to guide PRO
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Lexology PRO | USA | 25 May 2022

How-to guide: How to draft and negotiate limitation of liability clauses (USA)

This guide will assist in-house counsel and private practitioners in drafting and negotiating limitation of liability clauses.
Article
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Bird & Bird LLP | United Kingdom | 24 May 2022

English Court of Appeal overturns controversial decision on wasted expenditure

The English Court of Appeal has corrected a controversial High Court decision and ruled that an exclusion clause for “loss of profit, revenue [or]…
Analysis PRO In-house
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Lexology PRO | European Union, Luxembourg | 29 Apr 2022

EU and Google set to square off at General Court once again in AdSense appeal

Google will argue before the EU’s General Court next week that the European Commission’s decision to fine it €1.49 billion for including anticompetitive clauses in its AdSense contracts is wrong in law, facts and economics.
Commentary
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Tavernier Tschanz | Switzerland | 9 Dec 2021

Supreme Court confirms validity of excluding all appeals against arbitral award

The Supreme Court recently confirmed the validity of an exclusion agreement whereby the parties had excluded all appeals against the arbitral award pursuant to article 192(1) of the Private International Law Act. This decision confirms the Supreme Court's well-established practice that an exclusion agreement within the meaning of article 192(1) of the Private International Law Act is valid if......
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Lexology PRO | New Zealand, OECD | 30 Jul 2021

New Zealand market study finds structural problems in grocery sector

New Zealand’s Commerce Commission has suggested breaking up the incumbent supermarket duopoly “as a last resort” after a market study found a lack of competition in the grocery sector.
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Lexology PRO | South Africa | 26 Jul 2021

South African enforcer allowed to pursue supermarket for subsidiary's abuse of dominance

South Africa’s highest court has refused to allow Shoprite Checkers to appeal against an appellate court decision finding the retailer can be held liable for its subsidiary ticket seller’s allegedly abusive exclusivity requirements.
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Hill Dickinson LLP | United Kingdom | 26 Jul 2021

Don't Bet(fred) on your exclusion clauses

A recent case in the High Court (Andrew Green -v- Petfre (Gibraltar) Limited t/a Betfred) has highlighted the importance of adequately signposting…
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Lexology PRO | European Union, USA | 2 Jul 2021

Broadcom settles US monopolisation complaint

The US Federal Trade Commission has sued and subsequently settled claims that Broadcom illegally monopolised markets for certain computer chips through exclusive contracts and coercive conduct.
Analysis PRO In-house
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Lexology PRO | European Union, Turkey, United Kingdom | 13 May 2021

Turkey backs digital gatekeeper regulations

The Turkish Competition Authority has recommended that major digital platforms be regulated by a series of new rules, including a requirement to notify all transactions regardless of whether they fall below current thresholds.
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