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eAlerts Récentes

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  31.03.2023

  Royaume-Uni

  Part 2 of our 7-part se­ries on the draft Me­dia Bill - a re­vi­sed pro­mi­nence re­gime

  Following on from our article on the regulation of radio selection services (which you can access here), in this article we explore Part 2 of the draft Media Bill (“Prominence on Television Selection Services”).The current regulatory frameworkThe current so-called “prominence” framework (as set out in the Communications Act and Ofcom’s code of practice on EPGs) guarantees specified PSB linear channels prime positioning in EPGs. In particular, the current framework guarantees that the first five channels the public find when they switch on (or, at least, navigate to...

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  31.03.2023

  Europe

  Arm­chair in­ven­tions part 3: De­ci­sion on plau­si­bi­lity at the EPO (G2/21)

  The issue of plausibility was previously referred to the Enlarged Board of Appeal (EBA), the highest judicial authority at the European Patent Office (EPO). Our article on the referral can be found here. The oral proceedings for G2/21 took place in Munich on 24 November 2022 and our article summarising the preliminary opinion can be found here.  The final decision has now issued – and leaves plenty of room for interpretation.Question 1: Principle of free evaluation of evidenceThe first question considered by the EBA was whether, in a case where post-published evidence is the exclusive...

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  31.03.2023

  Royaume-Uni

  High Court rules in fa­vour of con­su­mers, pro­vi­ding an in­ter­pre­ta­tion on the Pa­ckage Tra­vel, Pa­ckage Ho­li­days and Pa­ckage Tour Re­gu­la­tions 1992

  The High Court has allowed an appeal by consumers who claimed compensation when a Northwest Passage cruise they had booked was not, because of sea ice, able to follow the planned itinerary. Applying the Package Travel, Package Holidays and Package Tour Regulations 1992, the judge found, in Sherman v Reader Offers Ltd, that the travel company was in breach of contract and could not rely on either the Regulations or the contract terms to exclude liability.BackgroundMr and Mrs Sherman booked a cruise, which was due to take travellers through the Northwest Passage. The booking was made by telephone...

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  31.03.2023

  Royaume-Uni

  Dark pat­terns re­main firmly un­der the re­gu­la­tor’s spot­light

  This week the Competition and Markets Authority (the “CMA”) has continued to shine a light on dark patterns, publishing an open letter for online businesses regarding urgency and price reduction claims and an update to its ‘Online Rip-Off Tip-Off’ campaign addressing misleading online practices.  This article explores each of these as well as future potential enforcement and areas of focus against the backdrop of the anticipated Digital Markets, Competition and Consumer Bill (which has yet to be published at the time of writing this article).Open letter for online businesses...

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  30.03.2023

  Royaume-Uni

  Part 1 of our 7-part se­ries on the draft Me­dia Bill – Smart spea­kers to fall wi­thin the scope of me­dia re­gu­la­tion

  Part 1 of our 7-part series on the draft Media Bill – Smart speakers to fall within the scope of media regulation It took the UK Government just eleven months (following the publication of the white paper on its vision for the broadcasting sector) to publish its draft Media Bill and over the next few days we will provide you with our in-depth analysis on each of the draft Media Bill’s seven parts.   We start our seven-part series with the section of the draft Media Bill that has attracted the most press attention so far and that is “Part 6 – Regulation of Radio...

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  30.03.2023

  Europe

  EU re­form of elec­tri­city mar­ket de­sign: The Com­mis­sion's pro­po­sed re­form of the RE­MIT Fra­me­work

  On 14 March 2023, the European Commission (“Commission”) published its legislative proposals to reform the EU electricity market in a two-fold way:by amending Regulation (EU) No 1227/2011 of the European Parliament and of the Council (REMIT) to enhance the toolbox available to monitor and enforce market integrity and transparency (“REMIT Proposal”), andby amending the Regulation (EU) 2019/943 (Electricity Regulation) and Directives Nos (EU) 2018/2001 (RED II) and (EU) 2019/944 (Electricity Directive) to reform the electricity market design rules.In this first article of...

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