Profile
Sarah heads the firm’s highly successful competition law practice, which has earned the highest New Zealand ranking from the Global Competition Review, a guide to the world’s leading competition law specialists.
Sarah specialises in competition, consumer and regulatory law and litigation. She advises clients in relation to Commerce Commission investigations, prosecutions and appeals; the legality of behavioural arrangements and conduct; clearances and authorisations of mergers and acquisitions; and generally in relation to competition law advice, appeals and judicial reviews.
In 2016, Sarah was again rated New Zealand competition lawyer of the year by the International Law Office Client Choice Awards and by Best Lawyers
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•Acting for Visy Board in proceedings bought for pecuniary penalties for cartel conduct, including jurisdictional protests in the High Court and Court of Appeal, and acting for parties to investigations, seeking leniency and/or defending proceedings for pecuniary penalties, in relation to gas-insulated switch gear, real estate, shipping, Libor and foreign exchange, amongst others.
•Successfully overturning in the Supreme Court the decisions of the High Court and Court of Appeal relating to the extra-territorial application of the Commerce Act.
•Advising companies on joint ventures and other collaborative activities, including assisting the three free to air broadcasters in relation to their joint bid for the free to air rights for the Rugby World Cup 2011.
•Negotiating terms of a sportswear product recall on Fair Trading Act grounds with the New Zealand Commerce Commission (NZCC).
•Engagement with NZCC in relation to misstatements in insurance policies including negotiating a settlement in respect of charges laid by NZCC.
•Urgent interlocutory relief to halt misleading competitive statements made to dairy farmers.
•Advising a major financial services company in relation to Commerce Commission investigations, including execution of a search warrant.
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BIS did not breach duty of care because according to "N.Y. GOB. LAW 18-105: NY Code -Section 18-105: Duties of skiers" 10-11, each skier shall have the duty not to willfully stop on any slope or trail where such stopping is likely to cause a collision with other skiers or vehicles and to yield to other skiers when entering a trail or starting downhill. Craig neglected his duty to both.
As part of the consideration for the payments hereinabove mentioned, Releasors are releasing all claims, including all those for known or unknown and anticipated or unanticipated injuries and damages arising out of or in any way relating to the Incident, including all interest, attorney’s fees and expenses, if any, medical expenses, hospital expenses, medical liens, and other related fees and expenses arising from and/or in connection with the Incident. Releasors recognize and acknowledge that there is a risk that, subsequent to the execution of this Full Release and Settlement Agreement, Releasors will claim or suffer monetary or other losses, expenses, or damages which they may allege are in some way caused by or related to the Incident, but which are unknown and
I would love to pursue a legal career at Vinson & Elkins because it is one of the UK’s fastest-growing award-winning international law firms. The firm has won many prestigious awards. What attracts me to the London office of Vinson & Elkins is awareness of the fact that the firm offers a high quality training and development programme and excellent career progression opportunities. The practice areas of the firms include many areas in which I am interested in. In particular, the Corporate and Regulatory areas of practice interest me the most.
The first solution to handling a monopoly is by making it a competitive. By doing this, the government intervenes through the Antitrust Laws. The second solution is by regulation in which the government closely watches the behavior of a monopoly and regulate prices. The third way is public ownership in which the government comes in and takes over production. Finally the fourth solution is doing nothing at all. In this solution there is no intervention at all and the monopoly is left to its own devices.
In this case the Court of Appeal provided guidance on the issue of ‘participation’ in arbitral proceedings. The case also dealt with the application of section 67 of the Act [1].
As we can see from the case, Peter Pansy, Fred Fuchsia and Marie Gold are directors of the company, and Alison Astor who is appointed to fill a casual vacancy on the Board is also a director; therefore, they all owe duties. As the executive directors appointed a skilled person to manage the Australian wide floral delivery service on the internet, the pointed person is also a director. In a
The Law Commission was set up by the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Honourable Mr Justice Carnwath CVO, Chairman Professor Hugh Beale Mr Stuart Bridge Professor Martin Partington Judge Alan Wilkie, QC The Secretary of the Law Commission is Mr Michael Sayers and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London WC1N 2BQ. The terms of this paper were agreed on 3 December 2001. The text of this paper is available on the Internet at: http://www.lawcom.gov.uk
2. Alan Dignam & John Lowry (-). Company Law. 5th ed. Oxford: Oxford University Press. p18-23,32-39,47-49.
Competition is critical, and central to market operations. It fosters innovation and spurs both productivity and growth. All of these together contribute to the creation of wealth and reduction of poverty. However, markets are complicated, and may not always work perfectly. While government action or inaction, in the form of inappropriate public policies and inaction on reform agendas is often associated with poor competition in the markets, anti-competitive conduction by firms is also an obvious cause for it. While efficient and fair markets are critical for the development of private sector and creation of economic growth, effective competition does not occur automatically. The anti-competition conduct of firms, which is directed towards monopolizing the market hurt productivity and growth. Producing images, and not things through endless brand promotions while making production processes leaner with fewer people and processes, creates incompetent markets and increases inequitable distribution of economic benefits of growth. This essay looks at the seminal works of Naomi Klein in her No Logo (2015) and John Dicker 's United State of Wal-Mart (2005) to explore the ways in which brands become 'global despots ', not only breeding a culture of discontent, but also infiltrating the markets - making them less efficient.
Fair trading – In Australia government and state laws shield business and clients from unreasonable exchanging hones. This page has connections to data about these themes: reasonable exchanging laws; following the Trade Practices Act; Codes of Practice; client administration; debate determination; item wellbeing and benchmarks; item named; retail renting and guarantees and discounts
European competition law and policy have changed significantly in recent years. With an enlarged EU of 27 member states, new rules, policies and administrative procedures have become increasingly important to ensure that this fundamental legal regime continues to promote competition and protect consumer welfare. In an attempt to define Competition policy, Massimo Motta described it as follows: “the set of policies and laws which ensure that competition in the market place is not restricted in such a way as to reduce economic welfare.”
The clear provisions in Schedule 4 of the Civil Jurisdictions and Judgments Act of 1982 are the primary reference point. In an instance where the interpretation in a case is unclear, the local courts are required to have consideration for the provisions that have been provided for by case precedents of the commercial nature of the European Court of Justice. The declaration is captured in Section 16 (3) of the Brussels Regulation. However, it is critical to appreciate the fact that the European Court of Justice has no jurisdiction in the interpretation of the provisions that have been spelt out in Schedule 4 of the Brussels Regulation. This was held in the case of Kleinwort Benson Ltd. v. City of Glasgow District Council, [I995] ECR I-615. ' (1996) 33.
Written work: extract from Master’s Thesis on Competition Law according to the Community ACQUIS at UNIVERSITY OF EUROPEAN STUDIES IN MOLDOVA, FACULTY OF LAW.
“Was formed as a device, a stratagem, in order to mask the effective carrying on of a business of Mr E. B. Horne. The purpose of it was to try to enable him, under what is a cloak or a sham, to engage in business which, on consideration of the agreement which had been sent to him just about seven days before the company was incorporated, was a business in respect of which he had a fear that the plaintiffs might intervene and object. The company was belonged to Horne, and the court piercing the veil, and rescind the separate corporate personality of Horne’s company. And he was breach the contract with Gilford Motors Ltd., in which the defendant attempted to evade his obligations under a contract not to compete with the plaintiff, but carried on a competing business with a company in which all shares were owned by his wife. It was held that the company was
This month, first up is Editorial Board member Leonie Chapman (LAWyal Solicitors). Earlier this year, the Australian Securities & Investments Commission commenced civil penalty proceedings in the Federal Court of Australia against Westpac Banking Corporation. Why? This was about alleged contraventions of home-loan responsible