LAW BRIEFS

Supply Management, Jul 31, 2008

EC: new cartel procedure

The European Commission (EC) has introduced a new settlement procedure that it says will allow cartel cases to be settled more quickly. Under the new system, if parties look at the EC's evidence and choose to acknowledge their involvement and liability for the cartel, their fine can be reduced by 10 per cent. This is different from the existing leniency reduction for voluntarily producing evidence to start or advance an EC investigation and both reductions can apply together for a cumulative reduction. For the relevant regulation and more information see http://ec.europa.eu/comm/competition/ cartels/legislation/settlements.html

Source http://tlny.cc/rqC6e

NEC fair payment guidance

The NEC Panel (producer of standard form construction contracts) has released new drafting and guidance for parties wanting to implement the OGC's 2007 recommendations on fair payment practices. Implementation includes signing up to a fair payment charter, which discusses parties' rights to full and on-time payment, inserting an additional "Z clause", which covers the use of a Project Bank Account (PBA) for payments to the contractor and named suppliers, and signing a separate trust deed, which contains provisions for administering the PBA. The document can be accessed at: www.newengineeringcontract. com/documents/OGC_v3 1.pdf

Source: www.mondaq.com

Europe call for clean transport

The European Parliament is currently reviewing a proposed directive to promote clean and energy efficient road transport vehicles. Originally launched in draft form in December 2007, the directive would require public authorities and operators/managers of outsourced services for public bodies to take lifetime costs of energy and environment impacts into account when buying road transport vehicles, considering energy consumption, CU2 and other pollutants. The final directive may differ from the proposal but Paul Sheridan at law firm CMS Cameron McKenna says it clearly shows a political drive to promote sustainability awareness.

Source: www.law-now.com