Drafting Commercial Agreements 5th edition

For the 5th edition of Drafting Commercial Agreements the commentary and precedents have been updated to take account of current legislation, case law and practice. In particular the fifth edition has considered the following new developments:

Legislation:

  • New EU legislation, including the Directive on Consumer Rights (2011) (creating new regimes for distance and off-premises contracts and amendments to the Unfair Contract Terms and Guarantee Directives, and to the general law governing consumer contracts)
  • The latest Block Exemption for Vertical Agreements (2010) (with its effect on agency and distribution agreements)
  • The Directive on Late Payment for Commercial Transactions (2011)
  • The Commission’s latest proposals (in 2013) for a Directive on civil damages for infringements of the EU antitrust rules (together with recommendations that member states institute collective redress procedures for such infringements)
  • Changes to the Technology Transfer Block Exemption (2004)
  • Developments in employment law, including abolition of the retirement age, new proposals on directors’ remuneration (particularly under the Enterprise and Regulatory form Act 2013) and the current position on dealing with pension funds in deficit
  • The new regime for registration of charges under the Companies Acts brought in from April 2013

It also covers changes to UK Competition Law, including the new regulatory framework under the Enterprise and Regulatory Reform Act 2013, and its impact on mergers, acquisitions, anticompetitive agreements and the cartel offence), the current UK position on damages for breach of the Competition Act, 1998 (as discussed in Devenish v Sanofi-Aventis and Albion Water v Dwr Cymru Cyfyngedig) and the latest position on land agreements brought under the Competition Act since 2010.

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