Latest news
- Apple's £1.5bn Legal Showdown: Landmark Class Action Hits UK Courts: Apple is facing a £1.5 billion class action lawsuit in the UK's Competition Appeal Tribunal, initiated by Dr. Rachael Kent on behalf of over 19 million UK consumers. The lawsuit alleges that Apple has abused its dominant market position by enforcing restrictive App Store policies, including a mandatory 30% commission on app purchases and in-app transactions, which plaintiffs claim leads to higher costs for consumers. Apple's newly appointed CFO, Kevan Parekh, testified, disputing claims of a 75% profit margin from the App Store and stating that such profitability cannot be accurately determined. Apple defends its integrated system as beneficial and emphasizes the competition it faces in the market. The trial, which began on January 13, 2025, is expected to last approximately seven weeks and is being closely watched as a precedent-setting case in UK antitrust litigation against major technology firms. Read more >
- AI's Energy Appetite Sparks Fossil Fuel Revival, Threatening Climate Goals: The rapid expansion of artificial intelligence (AI) is driving a significant increase in electricity consumption, leading U.S. tech companies to rely more on fossil fuels, particularly natural gas, to meet energy demands. Energy firms are planning new gas-fired power plants at the fastest pace in years, with over 200 projects slated to add approximately 86 gigawatts by 2032. EQT Corp., the nation's largest natural gas producer, projects that AI data centres will become the most substantial new source of gas demand, estimating an increase of 6 to 13 billion cubic feet per day in the short term. This trend raises concerns about achieving climate goals, as the tech industry's growing energy needs may hinder progress toward net-zero emissions targets. Read more >
- Gymshark vs. Influencer: Legal Showdown Over Rival Brand Promotion: Gymshark, the British sportswear brand, has initiated legal proceedings against 22-year-old powerlifter and fitness influencer Nathaniel Massiah. The company seeks a High Court injunction to prevent Massiah from promoting competitor YoungLA, alleging he breached a contractual clause prohibiting endorsement of rival brands for three months post-contract. Massiah, who began his association with Gymshark at 17, contends that the short-term contracts were imbalanced due to Gymshark's significant negotiating power. His legal team argues that enforcing such restrictions hampers young athletes' ability to earn income. Gymshark maintains that enforcing the contract is necessary following the breach. Read more >
- NewJeans in Legal Battle: Record Label Moves to Block Independent Deals: K-pop sensation NewJeans is embroiled in a legal dispute with their record label, ADOR, a subsidiary of HYBE Corporation. In November 2024, the group announced the termination of their exclusive contracts, citing mistreatment and contractual breaches, all allegations that ADOR disputes. In response, ADOR filed an injunction with the Seoul Central District Court on January 13, 2025, seeking to prevent NewJeans from independently signing advertising deals without the label's consent. ADOR argues that such unauthorized activities could cause confusion and potential harm to third parties, including advertisers. The legal proceedings are ongoing, with both parties steadfast in their positions. Read more >
- Rachel Reeves Urges UK Regulators to Cut Red Tape for Economic Growth: Chancellor Rachel Reeves is urging UK regulators to eliminate rules that hinder economic growth. She has convened meetings with leaders from regulatory bodies, including the Competition and Markets Authority, Ofcom, and Ofwat, to discuss fostering a more investment-friendly environment. Reeves emphasizes that all regulators should contribute by removing barriers that impede growth. While the government introduces new regulations in certain sectors, it maintains that these efforts align with its deregulatory agenda, arguing that improved workplace rights can boost productivity. However, business leaders express concerns that upcoming employment reforms may lead to job losses. Read more >
Government updates
- UK Modern Slavery Act: Government Pushes Transparency Amid Calls for Stricter Enforcement: The UK government’s recently published response to modern slavery reforms involves increased supply chain transparency, including mandatory reporting of modern slavery statements. However, there is a debate around the adequacy of enforcement mechanisms. While the government strengthens guidance, some advocate for stricter penalties and greater responsibility across industries. Additionally, some argue that voluntary measures lack sufficient impact and emphasize the need for more robust compliance frameworks to ensure long-term effectiveness. The government's stance remains cautious on implementing further drastic reforms. View >
- UK's AI Action Plan: Paving the Road for Growth with Ethical Oversight: The UK’s AI Opportunities Action Plan, launched in January 2025, outlines measures to strengthen AI infrastructure, support AI across key sectors like healthcare and finance, and ensure the UK remains a global leader in AI. Experts call for balancing innovation with ethical guidelines to address the technology's societal impact and ensure fairness. The plan aims to foster growth while maintaining responsible governance. View >
- Digital Markets, Competition and Consumers Act: CMA final guidance released: On 19 December 2024, the Competition Markets Authority (“CMA”) released the final versions of its guidance on the new competition framework for digital markets, along with separate guidance on merger reporting obligations for companies with strategic market status. View >
- Information Commissioner’s Office: generative AI consultation report published: The Information Commissioner's Office (“ICO”) published the results of its consultation series on data protection and generative AI on 13 December 2024. The report outlines the ICO's policy stance on generative AI and highlights the additional work that the industry must undertake. View >
- Advertising Codes: CAP and BCAP launch consultation to align with DMCC Act: On 11 December 2024, CAP and BCAP began a public consultation on changes to the Advertising Codes to bring them in line with the Digital Markets, Competition and Consumers Act 2024. Significant provisions to be addressed will be fake consumer reviews and drip-pricing, with the consultation closing on 5 February 2025. View >
- Government announces Fair Payment Code launch: On 3 December 2024, the government introduced the Fair Payment Code, replacing the previous Prompt Payment Code, to address late payment of business invoices, encourage good practices, and ensure SMEs receive timely payments. The Fair Payment Code, aimed at enhancing cash flow for small businesses, has introduced a gold, silver, and bronze system to help them identify dependable and trustworthy partners. View >
- Government publishes consultation on Copyright and AI: The UK Government launched a consultation on Copyright and Artificial Intelligence on 17 December 2024, aiming to align the UK’s legal framework to support both the creative industries and the AI sector. The consultation seeks feedback on proposed measures to protect intellectual property rights holders' control over their content and ensure they are fairly compensated. It also addresses the development of high-quality AI models and promoting trust and transparency in the sector. Responses are due by 25 February 2025. View >
Case law
Trade Mark
Thatchers Cider Co Ltd v Aldi Stores Ltd
In Thatchers Cider Co Ltd v. Aldi Stores Ltd, the Court of Appeal ruled that Aldi’s “Taurus Cloudy Lemon Cider” infringed Thatchers' trade mark by creating a misleadingly similar product. Thatchers argued that Aldi’s design and branding caused confusion among consumers by resembling its own cider.
The case stemmed from Thatchers’ claim that Aldi’s cider packaging was a deliberate imitation of their established design, intended to capitalize on their brand recognition. The court ruled in favour of Aldi, finding that the similarities between the two products were not sufficient to cause consumer confusion. The decision emphasized the need for clear evidence of actual market confusion, with the court noting that Aldi's product did not infringe Thatchers' rights.
Upon appeal however, the Court of Appeal sided with Thatchers, finding Aldi’s use of similar packaging unfair, as it took undue advantage of Thatchers' brand reputation and misled consumers into associating the products. View >
Termination Rights
Zaha Hadid Ltd v Zaha Hadid Foundation
The Zaha Hadid Ltd v. Zaha Hadid Foundation case involved a dispute over whether the Foundation had the right to terminate an agreement with the architectural firm. The High Court ruled that indefinite contracts without explicit termination rights are valid, emphasizing the importance of clear contractual terms.
Zaha Hadid Ltd provided architectural services to the Foundation, and their agreement was indefinite. After a breakdown in the relationship, Zaha Hadid Ltd sought to terminate the contract and enforce termination rights.
The court held that indefinite agreements do not automatically imply the right to terminate without reasonable notice. The Foundation's argument was rejected as the court emphasized the need for explicit provisions in long-term contracts. View >
DWF monthly insights
DWF successfully advises Dairy UK on intellectual property case against Oatly: in this press release, we are pleased to confirm that DWF advised Dairy UK on its successful case against Oatly, culminating in a landmark judgment delivered by the Court of Appeal. The DWF team advising Dairy UK was led by Asima Rana, supported by Jake Slinger and counsel at 8 New Square. View >
Top 10 technology trends in 2025 for Venture Capital investors: the technology sector in 2024 has evolved rapidly, with advancements across artificial intelligence ("AI"), cybersecurity, climate tech, and more. Looking ahead, these trends are set to reshape industries and capture the attention of venture capital (“VC”) investors looking to capitalize on the next big innovation. In this article, we discuss ten technology trends we expect to shape the landscape in 2025, along with our reflections on their commercial impact. View >
International Intellectual Property Magazine: DWF has released the second issue of our International Intellectual Property Magazine, bringing you up-to-date and relevant news from the ever-evolving world of IP. View >
European Commission imposes €462.6 million fine for abuse of a dominant position by means of misuse of legal process and implementation of disparagement campaign: in this article, we discuss the European Commission’s decision to fine a pharmaceutical company for abusing its dominant market position by unilaterally misusing patent procedures and running an apparent disparagement campaign. The fine is significant as it marks the first time the Commission has imposed a penalty for such practices. It signals the Commission's commitment to punishing businesses that employ novel strategies to avoid what might otherwise be considered fair competition and signals perhaps another important example of competition law colliding with intellectual property law. View >
The North East's space sector - A new frontier for economic growth: in this article, Alexander Rose explores how public funding is being used to ensure the North East of England is at the forefront of the space sector, estimated to be worth £1.45 trillion in ten years' time. View >
Meet the team
Our commercial team consists of over 58 lawyers across six locations throughout UK. Our experienced and dynamic team regularly advises clients on high profile and significant matters spanning contract, competition law, TMT, IP, IT and Data.
DWF is one of the leading international law firms advising clients across a wide spectrum of commercial matters, providing a seamless full service offering.
Monthly Spotlight
Sam Hodgson, Director, Commercial, IP, Data & Technology
Sam is a Director in the commercial and technology team at DWF. He has extensive experience in advising key clients on a wide range of matters focussed on:
- IT, including system supply, licensing, development, deployment of AI, cloud computing, distribution, and major strategic outsourcing agreements;
- Telecommunications, including supply of wifi at scale, distributed antennae systems, private networks, and small cells;
- IP, including research and development, purchase and sale, licensing, commercialisation and publishing agreements; and
- Logistics, warehousing, franchising, leasing and others.
Sam is frequently seconded to Severn Trent Water as a principal commercial lawyer, and is experienced in leading on retainers with other major Plcs.
Recent work has seen Sam:
- Advising a major national utility on all legal aspects of regulated procurements of high-value and business-critical technology contracts, including advising on selection criteria and legal assessment, and leading on complex multi-party negotiations up to conclusion.
- Advising both providers and customers extensively on the negotiation of all aspects of end-to-end Cloud services arrangements, including (in each case) in regulated procurement activities.
- Advising central government on numerous complex and/or high value strategic matters, including the sale and transfer of IPv4s, and the open source licensing of software proprietary to the Crown.
- Advising a major global outsourcing business on the IT arrangements supporting a material cross-jurisdictional outsourcing deal.
Simon Harris, Senior Associate, Commercial & Competition
Simon is a Senior Associate in DWF's Commercial & Public team. Simon trained at an international law firm, where he specialised in advising major public sector projects, and he joined DWF in January 2024. He is part of DWF Law LLP's Procurement Centre of Excellence, which has been set up to add value for and service the requirements of our Public Sector clients.
Simon advises clients in both the public and private sector. He provides advice to support contracting authority's decision-making processes, and has worked extensively with central government and wider public sector bodies. He supports procurements from the outset, from the development of procurement strategies, contract advertisement, through to contract award. Examples of his work includes:
- A six month secondment to the Government Legal Department, supporting the Department for Work & Pensions.
- Providing a series of training to a public sector client on the implications of the Procurement Act 2023.
- Advising a central government department on its procurement of global telecommunications network and connectivity services, estimated to be worth over £150m. The procurement was conducted through the Competitive Procedure with Negotiation under the Public Contracts Regulations 2015, and it established a single-supplier Framework Agreement and a Dynamic Purchasing System.
- Advising a Central Government body on a procurement conducted in accordance with the competitive procedure with negotiation pursuant to the Public Contracts Regulations 2015, including providing evaluation and moderation training to mitigate the risk of a procurement challenge.
- Successfully defending a procurement challenge issued against a Local Authority.
- Advising a non-ministerial department on multiple, multi-million pound parallel procurements, procured through numerous procedures, to support a national polling programme. • advising a central government department throughout its procurement for a transformed pensions and payroll service, estimated to be worth over £300m.
- Supporting a defence client in its procurement for training services.
