Sun comes from the East and West, so M-Tech loses parallel import case – Sun...
M-Tech was a parallel importer of Sun Microsystems’ computer hardware products, meaning it bought products with Sun’s registered trade marks on in one country and re-sold them in the UK at a profit. EU...
View ArticleContracting parties’ mistake can be rectified despite entire agreement clause...
S made and distributed medicine and surgical products. S and P entered into a distribution agreement for P to be S’s distributor. P argued that the contract had wrongly stated the parties’ agreement by...
View ArticleNew version of Incoterms launched
The International Chamber of Commerce has launched a new version of Incoterms. It comes into effect on 1 January 2011. The rules create uniformity regarding certain key principles with international...
View ArticleIt’s game over for Nintendo as it loses to Commission in anti-competitive...
The European Court of Justice has upheld a General Court ruling in favour of a European Commission fine of €168m in 2002 for a breach by Nintendo and some of its European distributors of Article 81 of...
View ArticleEuropean competition law defence needs to be supported by detailed evidence...
Nelsons supplied Bach Flower Remedies. Guna had been its distributor in Italy. Their distribution agreement had included several restrictions including a ban on Guna from advertising for orders from...
View ArticleECJ says ban on Internet sales took selective distribution system outside of...
PFDC makes and markets cosmetics and personal care products under certain brands. It requires sales to be made in a physical space in the presence of a qualified pharmacist. The French Competition...
View ArticleJaguar not stopped from terminating distribution agreement without cause...
Jaguar appointed Ghanem as its sole distributor in Qatar. Jaguar terminated the agreement without cause on 12 months’ notice, as it was entitled to do under the agreement. Ghanem argued that it had...
View ArticleRefusal to provide marketing information and protect brand entitled supplier...
Intertrade Europe srl v Clive Christian Perfume Ltd, High Court C appointed IE as its distributor for C’s perfumes. A few years later, C gave IE 12 months’ notice of termination following a breakdown...
View ArticleWhat’s your relationship? Agent ordered to disclose emails to former principal
Fairstar Heavy Transport N V v Adkins and another, Court of Appeal The Court of Appeal has ordered that emails relating to the former relationship between an agent and principal had to be disclosed by...
View ArticleAct in haste, repent at leisure – High Court concludes termination notice is...
Virulite LLC v Virulite Distribution Ltd and 1072 Technology Ltd, High Court The High Court has concluded that a termination notice served for failure to make a payment was invalid as the trigger for...
View ArticlePrincipal’s glass does not overflow as it is not entitled to end agent’s...
Bailey v Angove’s Pty Ltd, Court of Appeal The Court of Appeal has concluded that an agent’s authority to accept payments on behalf of its principal was not ended by termination of the agency contract....
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