Commonwealth Secretariat (London)

Gavin Murphy

Commonwealth Secretariat (London)
Legal Editor

Gavin Murphy is part-time legal editor of the Commonwealth Law Bulletin in London and former counsel to the International Joint Commission in Ottawa, Canada. He was previously full-time legal editor of the Commonwealth Law Bulletin and served as counsel with the Criminal Law Policy Section and International Development Group of the Department of Justice of Canada. He also worked at Canada’s Competition Bureau and the United Kingdom’s Office of Fair Trading. A graduate of Ottawa’s Carleton University and the University of Ottawa Law School, Gavin holds a Master of Laws in International and European Legal Studies from Durham University, England. Author of three books on the law, he has published numerous scholarly articles in law journals in Canada, England and Ukraine. Gavin has taught courses at law schools in Ottawa and Thunder Bay, Canada and is a frequent guest lecturer in Canada and Europe. He is also a deputy executive editor of the Journal of Parliamentary and Political Law.

Articles

16130 Bulletin

Gavin Murphy The US Surface Transportation Board denies an application for a voting trust as a first step in a merger review involving a Canadian and an American railroad (CN / KCS)

166

Introduction The US Surface Transportation Board (‘STB’ or ‘Board’) dealt a fatal blow to the proposed union of Montreal-based Canadian National Railway Co. (‘CN’) and Kansas City Southern railway (‘KCS’) (collectively the ‘applicants’) after a ruling on 31 August 2021 that it would not approve a (...)

Gavin Murphy The US Surface Transportation Board rules that a merger involving a Canadian national railway does not qualify for a waiver from the current class I merger review process and denies the railway’s proposed voting trust for now (CN / KCS)

476

Introduction Courting of the Kansas City Southern railway (‘KCS’) continues full steam ahead and there is now a new suitor on the scene. KCS terminated an earlier corporate-friendly merger agreement with Calgary-based Canadian Pacific Railway Ltd. (‘CP’) on 21 May 2021 to forge a merger proposal (...)

Gavin Murphy The US Surface Transportation Board sets aside the current and more stringent regulations applicable to Class I mergers and determines that a merger proposal can proceed under the older rules governing such mergers (CP / KCS)

660

If the proposed corporate-friendly merger announced on 21 March 2021 between Calgary-based Canadian Pacific Railway Ltd. (‘CP’) and Kansas City Southern Railway Company (‘KCS’) proceeds, it will be examined under a 2001 waiver granted by the United States Surface Transportation Board (‘STB’)[[ (...)

Gavin Murphy The Canadian Competition Authority concludes its investigation of an online travel agency and fines the company and two directors $5.8 million in total for drip pricing (FlightHub)

95

INTRODUCTION Canada’s Competition Bureau (‘Bureau’), which assists the Commissioner of Competition (‘Commissioner’) in the administration and enforcement of the Competition Act (‘Act’), announced on 24 February 2021 that the Commissioner had clipped the wings of Montreal-based FlightHub Group Inc. (...)

Gavin Murphy The Lithuanian Competition Authority reduces fine for price fixing due to the effects of COVID-19 pandemic (Theatrical Film Distribution / NCG Distribution / Forum Cinemas)

102

It was a classic case of a price fixing cartel brought to the competition authority’s attention by a potential victim. The Lithuanian competition authority, Konkurencijos taryba, or Competition Council of the Republic of Lithuania (‘Competition Council’), announced on 25 November 2020 that its (...)

Gavin Murphy The Canadian Competition Authority enters into multilateral mutual assistance and cooperation framework with Competition Authorities in Australia, New Zealand, the UK, and the US

59

Introduction The 21st century has brought about new challenges for competition agencies. Globalisation, falling trade barriers, deregulation and digitalisation are just some of the difficult issues agencies must now consider to ensure and protect free and open competition. To this end, (...)

Gavin Murphy The Canadian Competition Bureau releases action plan on transparency

129

Introduction Canada’s Competition Bureau (the “Bureau”), an independent law enforcement agency that assists the commissioner of competition in the administration and enforcement of the Competition Act, released its Action Plan on Transparency (the “Plan”) on 28 May 2013. According to the (...)

Gavin Murphy The EU Court of Justice dismisses an appeal and rules that in-house lawyers should not be permitted to appear before EU courts (Polish Electronic Communications Office)

209

Introduction On 6 September 2012 the Court of Justice of the European Union (ECJ) upheld an earlier decision of the General Court (formerly the Court of First Instance) in the Prezes Urzedu Komunikacji Elektronicznej case that in-house lawyers cannot represent their client companies before EU (...)

Gavin Murphy The Canadian Competition Bureau takes action against a Manitoba-based resort company selling time share vacation properties for alleged deceptive marketing practices (Elkhorn Ranch & Resort)

1481

Introduction Canada’s Competition Bureau (“Bureau”), an independent enforcement agency that assists the Commissioner of Competition (“Commissioner”) in protecting and promoting competition, announced on 23 November 2009 that Elkhorn Ranch & Resort Ltd (“Elkhorn”), a Manitoba-based company (...)

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