.jpg)
February 2012
Putting lawyers in touch with the youth of Oldham
Pearson Hinchliffe partner, Michael Pitt, takes over as 2012 Oldham Law Association President.
MoreIt’s good to talk - but be careful
3rd April 2009
When times are hard and company survival is at stake, firms need to be sure that their usual discussions with buyers and suppliers do not spill over into anti-competitive behaviour.
It is absolutely normal for suppliers and buyers to exchange information before they reach an agreement. If they didn’t, commercial life as we know it could not exist.
But suppliers and buyers could get into trouble if they exchange information that could be used to fix the buyer’s resale prices for end customers.
Again, it is quite normal for competitors in the same industry to publish certain information to help investors, or potential investors, to judge the general health of the industry.
But if current or potential competitors release information that makes it easier to predict each other’s behaviour and adjust their own in the light of this, they are almost certain to be breaking competition rules.
When direct competitors talk directly to each other about pricing issues – as British Airways and Virgin Atlantic did over fuel surcharges, for example – the competition authorities will come down hard.
UK and US regulators fined British Airways £270 million over its part in the price-fixing. Virgin Atlantic escaped the fine from the regulator as it blew the whistle on the cartel.
Small firms are as likely as large ones to fall victim to the competition authorities, especially during a recession. I therefore advise businesses never to:
• attempt to fix prices or terms of trade;
• agree to limit production to reduce competition;
• carve up markets by, for example, agreeing with a competitor that you will bid for one contract and they will take another; or
• discriminate between customers, for example by charging different prices or imposing different terms where there is no difference in the circumstances of supply.
Remember, too, that the Competition Act covers informal, unwritten contracts as well as formal and written ones. Never be tempted into a “gentlemen’s agreement” that prevents, restricts or distorts competition. It could cost you a hefty fine, a spell in jail – and your entire business reputation.
Click here to speak to a specialist commercial lawyer
January 2012
Company and commercial law reforms to reduce red tape
Companies of all shapes and sizes have been asked for their views on how to tackle unnecessary bureaucracy in company and commercial law.
MoreJanuary 2012
Increase in unfair dismissal qualifying period will apply only to new employees
From 6 April 2012 the qualifying period of service for making a claim increases from one to two years.
MoreJanuary 2012
Maximum compensation for unfair dismissal increases from 1 February 2012
Annual revision of employment tribunal award limits and other amounts payable under employment legislation.
MoreDecember 2011
Health and safety laws to be cut by half
Government plans to slash health and safety red tape will mean substantial savings for small firms, business groups have said.
MoreNovember 2011
Weight Watchers case: the importance to employers of employment status.
The Upper Tier Tribunal holds 1,700 ‘leaders’ at Weight Watchers were employees for tax purposes.
MoreSeptember 2011
How to Conduct a Disciplinary Hearing
A recent presentation by Employment solicitor, Susan Mayall, setting out the stages for handling a disciplinary, referencing the ACAS Code of Conduct.
June 2011
ACAS Advice leaflet “Holidays and Holiday Pay”
Download the guidance covering arrangements for holidays and holiday pay.
October 2010
Recent Case Study: Commercial Landlord and Tenant - An Authorised Guarantee Agreement
Authorised Guarantee Agreements keep the original tenant on the hook in case a third party assignee defaults; they should be drafted with care.
July 2010
Recent Case Study: Doing Battle in the Boardroom
How Pearson Hinchliffe Commercial Law helped members of the Board of Directors achieve the outcome they sought in their boardroom dispute with a senior executive director.
May 2010
How the Mergers & Acquisitions team helped Lanes Group PLC achieve their LAS sell-off
Drainage specialists dispose £12.3 million majority stake in Lanes Assistance Services.
March 2010
PH Employment Direct
The Employment team at Pearson Hinchliffe Commercial Law have created PH Employment Direct - a user-friendly and simple service that gives you access to the best advice at the end of a phone 24hrs a day, 7 days a week, 365 days a year.
February 2010
Oldham Construction Sector
On 3 February 2010 Corporate Commercial partner Roger Hinchliffe delivered a presentation entitled, ‘Joint Ventures’ to the Oldham Construction Sector group.
January 2010
Debt Recovery Service
With our specialist commercial Debt Recovery service you can significantly increase the speed and likelihood of recovering the money owed to your business.