Wednesday, 29 April 2015

ECJ Confirms 210m Euros Fine Against LG Display For Pricing Cartel

ECJ C - 227 / 14 P

The European Court of Justice confirmed the fine of 210 million Euros issued by the European Commission against LG Display in 2010 for creating a pricing cartel for LCD panels in the years 2001 to 2006. 
One of the main questions in this proceeding was if LG Display, which was owned by LG Electronics and Philips, was only an entity of another group company and hence its sales to its mother companies for a fixed price was only an internal matter rather then the external creation of a pricing cartel.

The court found that LG Display did not form a vertically integrated group company with LG Electronics and Philips as the various levels of production and sales were not integrated into one. The sales to those mother companies by LG Display were therefore to be seen as transactions with external parties which had to comply with unfair competition law.

Thursday, 9 April 2015

UK Serious Fraud Office Fined For Breach Of Data Protection

The Information Commissioner’s Office (ICO) has issued a fine of £180,000 against the Serious Fraud Office after a witness in a serious fraud, bribery and corruption investigation was mistakenly sent evidence relating to 64 other people involved in the case.
The Serious Fraud Office’s investigation focused on allegations that senior executives at BAE Systems had received payments, including two properties worth over £6 million, as part of an arms deal with Saudi Arabia. The case was closed in February 2010.

Friday, 3 April 2015

Non-Pecuniary Damages For Data Protection Violation

Google Inc. v. Vidal, Hann, Bradshaw [2015] EWCA Civ 311

The Court of Appeal had to decide whether individuals could claim compensation for damage and distress caused by Google's data protection violation. 
Three individuals complained that Google had collected private information about their internet usage without their knowledge or consent.

The Court held that Article 23 of the EU Directive 95/46/EC does not distinguish between pecuniary and non-pecuniary damage and therefore Section 13 of the Data Protection Act had to be interpreted accordingly. 

IPO Advice On Exhibition Of Protected Works

The UK Intellectual Property Office has published a guidance on the public exhibition of copyright works, aimed at libraries, museums, galleries and other institutions which may wish to exhibit works which are copyright protected.  The notice is informative and outlines the difference between having literary, dramatic, artistic or musical works on public display, a legitimate act not infringing copyright laws, and performing these works in public, which could constitute copyright infringement.

UK Government Report On Cyber Insurances

The UK Government published a report regarding the management and mitigation of cyber security risks with cyber insurance.

It details how insurers and insurance can play a role in reducing cyber security risks. The government report notes that there is a lack of awareness that insurance is available for cyber risk and recommends that firms review their cyber risk management to include a board-level assessment for cyber risk, and draw up recovery plans and use stress testing to confirm financial resilience against cyber threats. The report also gives details of its new industry supported scheme, Cyber Essentials, which was developed as part of the UK’s National Cyber Security Program and guides businesses in protecting themselves against cyber threats

2015 UK Budget To Fund Key Technologies

UK Chancellor George Osborne announced a number of measures affecting the digital and technology sectors in the Budget.
Among others the government plans to invest up to £600m to reallocate spectrum so as to open up the 700 MHz spectrum for further use in 4G networks, and to improve 4G coverage nationwide. Investment of £100m over five years in ‘intelligent mobility’, including driverless car technology, is planned which will be matched by the industry itself. An investment of £40m in research into the Internet of Things, which will provide a research incubator, demonstrator programmes to encourage new ideas, and research hubs. The research aims to focus in particular on IoT applications in health and smart cities. The UK also will apply anti-money laundering regulations to digital currencies.Funding for research into both the risks and opportunities of digital currencies will also be increased by £10m.