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Matthew Hall examines the role of the CMA in controlling cartels ‘It is clear that being involved in a cartel remains a key risk area for all businesses. Apart from fines, cartel decisions invariably give rise to reputational damage and these days it is almost inevitable that customers will bring private actions for damages.’The European …
Continue reading "Cartels: Jobs for the boys"
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Dr Sam De Silva considers the role of service credits ‘If the service level/service credit scheme is too complex, a disproportionate amount of time and effort will be devoted by the parties to its maintenance. It is therefore normally in the interests of both parties to limit the number of service levels which attract service …
Continue reading "Remedies: Credit where credit’s due"
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Victoria Redman explores the implications of state aid ‘Local authorities and developers entering into section 106 agreements, or renegotiating section 106 agreements to release obligations for contributions, will need to consider and recognise the potential for state aid and, where appropriate, take steps to avoid it.’At the end of January, the European Commission launched an …
Continue reading "State Aid: A benevolent big brother"
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John Houlden and Brendan Ryan highlight how public authorities might rely on the new EU procurement regime prior to UK transposition ‘The obligation not to compromise a directive’s implementation applies not only to national legislators, but also to national courts as organs of the member states.’A new EU public procurement regime has entered into force …
Continue reading "Reform: The wind of change"
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Lisa Kingston reports on the CIOB Complex Projects Contract 2013 ‘CPC 2013 aims to make any disputes that arise less contentious and shorter in duration by bringing issues to the fore immediately through the issue resolution process.’In April 2013, after two years of drafting and consultations, the Chartered Institute of Building launched the CIOB Complex …
Continue reading "Construction: Seeing the big picture"
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Dr Stuart Thomson discusses the rise and rise of social media in crisis communications ‘To really be effective, an organisation’s social media presence needs to be established in advance of any crisis.’Crisis communication is increasingly focusing on social media, but too often the emphasis is on how fast something is posted instead of the content. …
Continue reading "Technology: It’s good to tweet"
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Nick McMahon and Mamata Dutta outline a recent case on health and safety duties ‘No matter what business you may have, you must take fire safety seriously.’No matter the size of the contracting exercise or the negotiated duties of the parties, a recent news story which raised smiles in some quarters has actually emphasised a …
Continue reading "Health And Safety: The pain of compliance"
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David Sawtell considers recent case law on guarantees ‘A surety is discharged if the creditor agrees with the principal debtor to vary the terms of the contract agreed unless it is self-evident that the variation is unsubstantial or one which cannot be prejudicial to the guarantor.’Guarantees play an important role in commercial agreements, allowing parties …
Continue reading "Guarantees: Getting off the hook"
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Jack O’Farrell analyses the implications of a recent decision on penalty clauses ‘The underlying rationale of the doctrine of penalties is that the court will grant relief against the enforcement of provisions for payment in the event of breach, where the amount to be paid or lost is out of all proportion to the loss …
Continue reading "Contracting: Showing the red card"
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Alistair Maughan reports on the overhaul of the EU public contract procurement regime ‘The Commission believes that there is a great need for contracting authorities to have additional flexibility to choose procurement procedures that allow for negotiations.’On 11 February 2014, the EU took the final step in its latest overhaul of its public procurement regime. …
Continue reading "EU Reform: Putting MEAT on the bones"
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