Compete don’t cheat – make sure you’re on the right side of competition law

On 26th February 2020, the Competition and Markets Authority (‘CMA’) launched its ‘Cheating or Competing Campaign’, which targets a multitude of sectors, placing particular emphasis on construction companies, which are no strangers to action by the CMA. The aim of the campaign is to increase awareness of anti-competitive practices amongst businesses in addition to highlighting…

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The Court of Appeal considers the application of liquidated damages following termination of an ICT contract in Triple Point Technology v PTT [2019] EWCA Civ 230

Background: PTT, an oil and gas company, engaged Triple Point Technology to supply a software system for use in its commodities trading. The project was split into two phases: Phase 1 to replace the existing system and Phase 2 to develop the system to accommodate new types of trade. The parties agreed that milestone payments…

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Interpreting Practical Completion: University of Warwick v Balfour Beatty Group [2018] EWHC 3230 (TCC)

Background: The University of Warwick (Warwick) contracted Balfour Beatty Group Ltd (Balfour Beatty) under an amended JCT 2011 D&B to design and construct the National Automotive Innovation Centre (the Centre). The works were split into 4 sections. Balfour Beatty took possession of each of these sections on the 20 April 2015. However, the dates for…

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Abbvie Ltd v NHS England – equal treatment and “margin of discretion” in evaluation – what does it mean for contracting authorities and utilities?

AbbVie Ltd v NHS Commissioning Board [2019] EWHC 61 (TCC) Background A challenge was brought by the American pharmaceutical company Abbvie Limited (“Abbvie”) against the NHS Commissioning Board’s (“NHS England”) Hepatitis C (“HCV”) drug procurement. The procurement, launched in spring 2018, is the largest NHS drug procurement ever undertaken, letting contracts worth nearly £1 billion…

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