“…) and the later sub-sections are all addressing potential defences (see also the fuller analysis of Sir Colin Rimer in IMI PLC v Delta Ltd [2016] EWCA Civ 773; [2017] Ch. 27 at [48]-[53]).…”
“… the terms of the 1978 Act. He then referred to the decision of the Court of Appeal in WH Newson Holding Limited v IMI Plc & Delta Limited [2016] EWCA Civ 773; [2017] Ch 27 (“Newson”). He set out the circumstances of that case at [73] and [74], noting that both IMI and Delta had been addressees of a European Commission decision th…”
“…The leading case on the operation of that sub-section is the decision of this court in WH Newson Ltd v IMI plc [2016] EWCA Civ 773, [2017] Ch 27. The facts of that case are of crucial importance in understanding why it decided what it did. On 20 September 2006 the European Commission decided that there …”