CONSUMING ISSUES CURRENT TOPICS IN THE CONSUMER PRODUCTS INDUSTRY. CMS Cameron McKenna

Transcription

1 CONSUMING ISSUES CURRENT TOPICS IN THE CONSUMER PRODUCTS INDUSTRY CMS Cameron McKenna The Equality Act 2010: employment implications Food supply chain under scrutiny Poland: is it time for a specialist IP Court? Fat and salt levels in food Annual immigration quotas: bad news for business Redefi ning the relationship: Competition Law and Commercial property Winter 2010

2 Contents Page 4 THE EQUALITY ACT 2010: EMPLOYMENT IMPLICATIONS Page 6 FOOD SUPPLY CHAIN UNDER SCRUTINY Page 8 POLAND: IS IT TIME FOR A SPECIALIST IP COURT? Page 10 Page 12 Page 14 FAT AND SALT LEVELS IN FOOD ANNUAL IMMIGRATION QUOTAS: BAD NEWS FOR BUSINESS REDEFINING THE RELATIONSHIP: COMPETITION LAW AND COMMERCIAL PROPERTY Consuming Issues is prepared by the Consumer Products Group of CMS Cameron McKenna LLP. It should not be treated as a comprehensive review of all developments in this area of law or of the topics it covers. Also, while we aim for it to be as up-to-date as possible, some recent developments may miss our printing deadline. This newsletter is intended for clients and professional contacts of CMS Cameron McKenna LLP. It is not an exhaustive review of recent developments and must not be relied upon as giving defi nitive advice. The newsletter is intended to simplify and summarise the issues which it covers. 2 WELCOME CONSUMING ISSUES

3 Welcome Welcome to the first edition of our Consumer Products update, where we take a look at some of the legal issues affecting the industry I am pleased to welcome you to the first issue of our Consumer Products update. In this issue we cover the following matters: The Equality Act 2010 employment implications UK discrimination laws have received a major overhaul courtesy of the Equality Act. The Equality Act introduces some key new proposals to tackle actual and perceived inequality in the workplace and is intended to simplify and bring together the different strands of discrimination laws. We explore the key issues which will immediately affect all employers. Food supply chain under scrutiny The European Parliament has called for a competition inquiry to examine issues in the food sector. We look at the various measures identified by the European Parliament to improve price transparency, improve competition and prevent abuse of buyer power and unfair contracting in the food supply chain. Louise Wallace Head of Consumer Products T +44 (0) E louise.wallace@cms-cmck.com Poland: is it time for a specialist IP Court? Daniel Hasik and Malgorzata Urbanska from CMS Warsaw look at the increasing need in Poland for the establishment of a specialist intellectual property court in relation to litigation concerning IPR rights. The need for setting up such courts in Poland has been a recurring topic of debate in recent years with opinion always divided. Fat and salt levels in food Guidance published in June 2010 by the UK s National Institute for Health and Clinical Excellence suggests that thousands of lives, lost to deadly conditions such as heart disease could be saved through reduction of saturated fat and salt levels in food. The impact that the report may have on the food and drink sector is discussed by Dana Coey and Jessica Burt. Annual immigration quotas: bad news for business Following the Conservative party s election campaign pledge to lower net migration to tens of thousands rather than hundreds of thousands, the coalition government s proposals for a permanent annual quota from 1 April 2011 has been condemned by the business community. What this means in practice for the Consumer Products sector is examined further. Redefining the relationship: Competition Law and Commercial property Earlier this year the Government formally revoked the Competition Act 1998 (Land Agreements Exclusion and Revocation) Order The abolition of the Order means that land agreements in the UK will now be subject to competition law. We look at how the revocation will impact the commercial property industry and what you should do now. If you would like to discuss any of the issues in this update please contact the person whose contact details are above the relevant articles or your usual contact at CMS Cameron McKenna. I hope you fi nd the articles interesting and informative. 3

4 The Equality Act 2010: employment implications Huw Price Senior Associate, Employment T +44 (0) E huw.price@cms-cmck.com UK discrimination laws have received a major overhaul courtesy of the Equality Act. The Equality Act introduces some key new proposals to tackle actual and perceived inequality in the workplace and is intended to simplify and bring together the different strands of discrimination laws. Almost all discrimination laws developed over the last 40 years in the United Kingdom and referred to in more than one hundred pieces of legislation have been repealed and replaced by the Equality Act. The vast majority of the provisions of the Act came into force on 1 October The key issues, which will immediately affect all employers, are as follows: The language used in respect of discrimination issues has been changed and harmonised in many cases The main reason for these changes is to simplify and unify discrimination law. Some of the changes will alter the legal interpretation. For example discrimination will now be because of a protected characteristic instead of on grounds of that protected characteristic (sex, race, disability, sexual orientation, religion or belief, age, pregnancy and maternity, gender reassignment, or marriage and civil partnership). This means that associative and perceptive discrimination will be prohibited so there may be discrimination if an employee is treated less favourably because of his or her association with someone with a protected characteristic (for example, an employee caring for a disabled or elderly person) or because he or she is perceived to have a protected characteristic (for example, where it is assumed that an employee has particular religious beliefs). The use of pre-employment health questionnaires will only be permissible in limited circumstances The Equality Act makes it unlawful for an employer to ask questions about the health of a job applicant before either offering him/her work or putting him/her into a pool from which one or more successful candidates will be chosen, except in certain specifi ed circumstances. The new concept of discrimination arising from disability means that disability discrimination covers unfavourable treatment as a consequence of disability Under this new concept it will be discriminatory for an employer to treat a disabled person unfavourably not because of the person s disability itself, but because of something arising from, or in consequence of, the disability (e.g. the need to take a period of disability-related absence). Contractual pay secrecy clauses will be unenforceable in certain circumstances The Equality Act makes unenforceable contractual terms which aim to prevent or restrict staff from disclosing or seeking to disclose their pay to others, or to prevent staff from asking colleagues or former colleagues about their pay, where the purpose of the disclosure is to fi nd out whether there is a connection between a difference in pay and a protected characteristic (e.g. sex). 4 THE EQUALITY ACT 2010 CONSUMING ISSUES

5 Positive action will be permissible in certain circumstances The Equality Act provides that it will not be unlawful for an employer to use positive action where the employer reasonably believes that a particular group of people with a protected characteristic suffers a disadvantage connected to that characteristic or has a particularly low participation rate in a particular activity. The positive action permitted under the Equality Act could take the form of specifi c training or the provision of health services to address particular needs. However, any such measures introduced by an employer would need to constitute a proportionate means of achieving a legitimate aim. Employment tribunals will have greater powers to make recommendations for the benefit of the workforce as a whole and not just the individual claimant in a particular case The Equality Act introduces the power for tribunals to make a recommendation for an employer to take particular steps in relation to not only the individual complainant in a case (who has often left employment), but also any other person with the purpose of helping to prevent similar types of discrimination occurring in the future. Additional fi nancial penalties can also be imposed on employers who fail to comply with such recommendations. What should employers do now? Review policies and procedures, especially those relating to equal opportunities and recruitment. Review and update statutory references in template compromise agreements and other contractual documentation. Consider removing pay secrecy clauses from contracts of employment, handbooks and salary review letters. Audit recruitment processes to remove health/disabilityrelated questions. The Equality Act has other employment provisions which did not come into force on 1 October 2010, such as the introduction of a new concept of direct discrimination based on a combination of two protected characteristics (e.g. sex and race), positive action in recruitment and promotion and the requirement for employers to disclose gender pay information. The coalition government is still reviewing these provisions and when (or if) they will be implemented is currently unclear. Employers are advised to watch out for further developments. 5

6 Food supply chain under scrutiny Caroline Hobson Senior Associate, Competition T +44 (0) E caroline.hobson@cms-cmck.com Competition issues in the food supply chain remain under scrutiny by the EU? Recent scrutiny by the EU authorities of the food supply chain is set to continue following a recent resolution adopted by the European Parliament. In response to the October 2009 report published by the European Commission on the functioning of the food supply chain, the resolution has called for a competition inquiry to examine issues in the food sector. Overall, the 2009 Commission Report found signifi cant tensions in contractual relations between different parties in the food supply chain, a lack of transparency of prices and continued fragmentation of the market for food across products and across the EU. Although the Parliament has welcomed the Commission s report, it did not believe that the measures proposed in the report were suffi cient to deal with the signifi cant problems identifi ed by the Commission. The Parliament identifi ed a number of measures to improve price transparency, improve competition and prevent abuse of buyer power and unfair contracting in the food supply chain. Useful guidance on competition issues for consumer goods companies As part of the 2009 review, the Commission issued a detailed paper on competition law issues in the food supply chain. The report is particularly useful for all consumer goods companies since it provides an insight into the current approach of the Commission to practices common across the wider consumer products sector with particular focus on buying alliances, private labels, slotting allowances and category management. Buying Alliances and joint purchasing arrangements The Commission concluded that although the cooperation involved in buying alliances could harm the competitive process downstream, further analysis of buying alliances is needed. For the time being, the Commission concluded that buying groups act as a countervailing force in negotiations with multi-national branded goods suppliers. Private labels The Commission expressed greater concerns with private labels, which have been reiterated recently in a Commission report on retail services. These concerns are that: Private labels could have foreclosure effects (especially where shelf space is limited and retailers may be tempted to stock only their own brand and one or two must-carry brands). Private labels may lead to potential impacts on prices (in particular, retailers pushing up prices of branded goods in order to maximise margins on the private label products, and branded goods manufacturers giving up on switching customers and increasing prices to exploit their brand loyal customers instead). Innovation by branded goods manufacturers may be reduced in the context of fears about private label free-riding. Further, in a context in which retailers are increasingly viewed as competitors of their suppliers, there is concern that both parties may coordinate their respective pricing and assortment strategies. The Commission has therefore recommended that further analysis of private labels be undertaken and this is currently ongoing within the Commission. 6 FOOD SUPPLY CHAIN UNDER SCRUTINY CONSUMING ISSUES

7 Slotting allowances and category management Slotting allowances were viewed as a fact of life and although they present risks of foreclosure of smaller suppliers and retailers, and a possible upward effect on pricing, they were not viewed as a major concern at present. The Commission identifi ed a number of concerns inherent in category management, including the exclusion of rivals and the facilitation of collusion, but similarly concluded that this practice is not a signifi cant concern at present. Comment The Commission s paper on competition issues in the food supply chain illustrates that the Commission and national competition authorities are increasingly taking a coherent approach to policy and enforcement in the sector. The Commission has recommended that national competition authorities create joint working teams to analyse, monitor and enforce competition law breaches in specific product markets and concerning specifi c practices. It is to be expected, therefore, that further investigations are likely in the grocery sector in the short to medium term. Suppliers and retailers who have a pan-european presence should therefore ensure that thorough national compliance measures are implemented on a consistent basis across the EU. As well as urging the Commission to conduct a competition sector inquiry, the Parliament has called on the Commission to ensure a more targeted application of the competition rules in the food chain. Furthermore, the Commission is asked to report to Parliament by the end of 2010 on buyer power abuse, anti-competitive behaviour and unfair contractual practices throughout the food chain. 7

8 Poland: is it time for a specialist IP Court? Many EU countries have established specialist intellectual property courts in relation to litigation concerning IPR rights. The idea of setting up an equivalent court in Poland has been a recurring topic of debate in recent years with opinion always divided. Daniel Hasik Senior Associate, Commercial T E daniel.hasik@cms-cmck.com Malgorzata Urbanska Partner, Commercial T E malgorzata.urbanska@cms-cmck.com At present, Poland s Minister of Justice does not see the need to create a specialist court for intellectual property disputes. Despite this, the need for a specialist intellectual property court in Poland is arguably increasing as more and more companies seek to protect and exploit their patent, trade mark and other IP rights through the Polish courts. The Ministry of Justice has argued that there are still too few IP-related cases to justify a specialist court: only 609 fi rst instance decisions and 221 second instance decisions in 2007, and 424 and 123 respectively in the fi rst half of Although courts of general jurisdiction are able to deal with unfair competition and copyright issues, even in relation to decisions on such matters it may prove diffi cult to pass a fair and well-justifi ed judgment. A good example is the case of Lindt Goldhase v Terravita, where the Polish Supreme Court passed two opposing rulings. The fi rst stated that the likelihood of 8 POLAND CONSUMING ISSUES

9 The Ministry of Justice has argued that there are still too few IP-related cases to justify a specialist court: only 609 fi rst instance decisions and 221 second instance decisions in 2007, and 424 and 123 respectively in the fi rst half of consumer confusion concerning two products was high and in the second that such confusion was practically excluded. This proves that in such cases even relatively complex knowledge and expertise might not suffi ce. There is an argument that a specialist IP Court would enable intellectual property rights to be protected and enforced in a quicker and more cost-effective manner. Others feel that it would help foster a competitive economic advantage for Poland by identifying Poland as a country with the legal and industrial infrastructure required to handle and resolve complex IP issues. In relation to the CEE countries that entered the European Union with Poland in 2004, it is only in Hungary that there are technical judges to issue rulings in cases concerning intellectual property rights with 20 cases handled in In other countries from the region, unfortunately the court system does not utilise technically qualifi ed judges for IPR issues. This is refl ected by the number of related cases fi led: 5 (Czech Republic), 5 (Slovakia), 0 (Lithuania), 1-2 (Latvia), 0 (Estonia). In Poland there were 20 IPR-related cases fi led in comparison to an astonishing level of cases in Germany, where the system of patent protection is complex and highly effective. In Poland, disputes over intellectual property rights infringements are currently heard by economic or civil departments in district courts. In addition, the Community Trademark and Industrial Designs Court in Warsaw has heard IP cases involving breaches of Community Trade Mark and Community Design since Only 29 cases were fi led there in 2007, rising to 51 in 2008 and 56 in The rise in the number of IPR cases indicates its increasing importance and suggests that it may now be time to consider creating a new court capable of dealing with IP disputes involving this complex area of law. 9

10 Fat and salt levels in food Dana Coey and Jessica Burt discuss the impact that the latest report published by the UK s National Institute for Health and Clinical Excellence (NICE) will have on the food and drink sector. Guidance published in June 2010 by the UK s National Institute for Health and Clinical Excellence (NICE) suggests that thousands of lives lost to deadly conditions such as heart disease could be saved through reduction of saturated fat and salt levels in food. Dana Coey Legal Adviser, Commercial T +44 (0) E dana.coey@cms-cmck.com Jessica Burt Consultant, Commercial T +44 (0) E jessica.burt@cms-cmck.com Research shows that factors such as diet can have a signifi cant impact on preventing and/or combating the risk of heart disease and stroke in a large number of cases (up to 90%). In line with this, the latest NICE report - which is orientated primarily towards food manufacturers - promotes reduction of saturated fat levels in foodstuffs. A particular focus in this respect is reduction of fat levels in certain high-risk food products such as ready-made meals and other processed convenience foods, which are often packed with man-made trans fats specifi cally aimed at enhancing the product s shelf-life, taste and smell over a lengthy period of time. Research studies show that the negative impact of these fats on human health is startling; indeed, it is so signifi cant that certain European countries and US states have banned their use in food production altogether. Reduction of levels of fat levels in foodstuffs (particularly in 10 FAT AND SALT LEVELS IN FOOD CONSUMING ISSUES

11 A particular focus in this respect is reduction of fat levels in certain high-risk food products such as ready-made meals and other processed convenience foods, which are often packed with man-made trans fats specially aimed at enhancing the product s shelf-life, taste and smell over a lengthy period of time. respect of unhealthy saturated and trans fats) is therefore seen as a key component in lowering the risk of disease. In addition, echoing the Food Standards Agency prominent salt-reduction programme, which has led to formulation of maximum salt levels for 80 food products and reductions in the salt content of such popular foods as breakfast cereals (44%), biscuits and cakes (16-50%), crisps (13%) and cheese (over 30% in the case of some ranges), NICE promotes reduction of salt levels in foodstuffs available on the UK market. The aim in this respect is to achieve a 30% reduction over a 15-year period, from the current level of 6g salt/day for an adult to 3g salt/day in 2025, which - it is claimed - would help lower the fatality rate by 15,000 20,000 deaths per year. As well as introducing proposals for programmes encouraging the public to buy healthy, low salt and low fat food (e.g. a policy relating to sale of low-fat / low-salt products at a lower price than higher-salt and/or - fat alternatives), the NICE guidelines also highlight the importance of labelling and clear and transparent marketing in the choices that consumers make in respect of food. Furthermore, certain more farreaching proposals are also made, for example in respect of limiting the possibilities for granting planning permission for construction of fast food restaurants. Thus, it is clear that the perspective on the issue of nutrition and disease prevention is becoming much more global and impacts upon a broad range of industries, rather than just the food-and-drink and - ultimately - the healthcare sectors. 11

12 Annual immigration quotas: bad news for business Siobhan Owers Senior Associate, Immigration T +44 (0) E siobhan.owers@cms-cmck.com Caron Pope Partner, Immigration T +44 (0) E caron.pope@cms-cmck.com Siobhan Owers looks at the implications of the coalition government s proposals with regard to immigration and quota requirements for business. We examine what this means in practice for you and what steps you should be taking in preparation for the permanent quota requirements from 1 April Following the Conservative party s election campaign pledge to lower net migration to tens of thousands rather than hundreds of thousands, the coalition government s proposals for a permanent annual quota from 1 April 2011 has been condemned by the business community. To prevent a surge of visa applications ahead of the permanent quota, a temporary quota was hurriedly introduced on 19 July This has already severely impacted UK businesses and offers a taste of what the future may hold. Tier 1 (Generals) (for highly skilled individuals seeking employment or self-employment) were slashed to 5,400 for out-of-country applications and Tier 2 (General) (employer sponsored visas for external applicants identifi ed after advertising failed to fi nd a resident worker) were cut dramatically. Employers were given an allocation based on their prior usage between 19 July 2009 and 1 April 2010, a time of severe economic recession and lower recruitment activity. Tier 2 (Intra-Company Transfers) are not affected although they may be captured by the permanent quota. The quota leaves many employers with the unpleasant choice of choosing whether to use their allocation to extend the permission of existing employees or to recruit new employees. However, on 1 November the UK Border Agency (UKBA) threw a lifeline and published new guidance, stating that if an employer s allocation had run dry, they would honour all requests for additional allocations for extending current employees permission. This may ease the minds of many employees but will still require stringent business planning and a certain amount of faith in an ever changing system. The UKBA initiated a consultation process to take views on the most appropriate operating system for the annual permanent quota and in parallel, commissioned the Migration Advisory Committee (MAC) to consult on the wider impacts of immigration. The Temporary Quota Many employers with a low usage of the Tier 2 (General) category had their allocation cut to zero. Similarly businesses that license as new Sponsors (specifi cally to enable them to sponsor migrant workers) are now awarded a zero allocation of Tier 2 (General) Certifi cates of Sponsorship (CoS). Sponsors without any allocation may apply for a CoS from a monthly pool allocated by the UKBA but the UKBA manages expectations by stating that applications are likely to be rejected! 12 ANNUAL IMMIGRATION QUOTAS CONSUMING ISSUES

13 The Permanent Quota Consultations were conducted from June to September 2010 to take views on how the permanent quota should work. Issues considered include whether Tier 2 (ICTs) and dependents should be part of the quota fi gure, whether there should be a merger of the Resident Labour Market Test and the Shortage Occupation list and the introduction of a fi rst come first serve system (FCFS) for the allocation of CoS. The suggested inclusion of Tier 2 (ICTs) has met with the most resistance, as this route is considered integral to the success of multi-nationals. While it is taken as a given that a permanent quota will be implemented, the debate continues on the level of the cap and how it should be operated. It is widely hoped that there will be a carve-out for Tier 2 (ICTs) based on either the length of the assignment (likely to be less than 12 months), salary, or a combination of both. How should employers prepare? Business planning is critical and employers should prepare for the worst case scenario. The visa expiry dates for all employees should be checked to ensure the employer knows the annual allocation it will need for extensions. Any recruitment initiatives (including annual graduate recruitment programmes) or international assignments should be identifi ed now so that the number of new CoS needed can be assessed. Contingency plans must be made in case the allocation falls short of business needs can the employee be based elsewhere? Is there another immigration route available so that a CoS can be saved? Obtaining permission to employ foreign workers in the UK has always been challenging and it looks as though it will be even more diffi cult after April Obtaining permission to employ foreign workers in the UK has always been challenging and it looks as though it will be even more diffi cult after April

14 Redefining the relationship: Competition Law and Commercial Property Mark Heighton Partner, Real Estate T +44 (0) E mark.heighton@cms-cmck.com Liz Kelly Senior Associate, Real Estate T +44 (0) E liz.kelly@cms-cmck.com Earlier this year the government formally revoked the Competition Act 1998 (Land Agreements Exclusion and Revocation) Order 2004 (Order). The Order will be repealed with effect from 6th April 2011 with retrospective effect. The abolition of the Order means that land agreements in the UK will now be subject to competition law. Background The Competition Act 1998 (Act) prohibits agreements which have as their object or effect the prevention, restriction or distortion of competition in the UK (the Chapter I Prohibition). When the Act was introduced there was a concern that the OFT would be overwhelmed by applications seeking special clearance for land agreements since at the time the OFT operated a formal notifi cation procedure. As a result, the Order was introduced and excluded land agreements from the Chapter I Prohibition. This has meant the property industry has largely been able to ignore the Act and the risks associated with a breach of the Chapter I Prohibition. So why has the approach changed? In 2008 the Competition Commission undertook a report into the supermarket sector. It concluded that restrictions in land agreements dealing with supermarkets were distorting competition in local grocery markets and preventing new operators from starting up. It felt that land agreements could have a similar affect in other sectors (e.g. pubs) and recommended that the exclusion be lifted in relation to all land agreements. In addition, the abolition in 2004 of the OFT s notifi cation procedure meant that there was no need to control the level of clearance applications. In response to the Competition Commission s recommendation, and following a public consultation, the government announced the revocation of the Order. How will the revocation impact the commercial property industry? It is fair to say that most land related agreements do not affect competition and therefore the revocation will have no practical signifi cance. However, there are a number of retailers and leisure operators who, when taking leases for new stores, try to impose obligations on the landlord not to allow competing uses within a particular retail scheme. Going forward such obligations will need to be considered on a case-by-case basis to see if they are anti-competitive. To assist, the OFT has published draft guidance on the impact of the revocation for land agreements. The key points from the draft guidance are as follows: A land agreement includes any agreement which creates, alters, transfers or terminates an interest in land. It also includes agreements that relate to easements and licences. Just because a land agreement contains a restriction does not mean that it will infringe the prohibition against anti-competitive behaviour. In fact, the OFT recognises that there may be legitimate reasons to include a restriction and expects only a minority will actually fall foul of the Chapter I Prohibition. The prohibition will only apply to land agreements between businesses. It will not affect agreements with individuals acting in their own capacity. 14 REDEFINING THE RELATIONSHIP CONSUMING ISSUES

15 To assess the impact of a restriction, the context in which the land agreement is implemented will need to be considered. Such assessment will need to involve defining the relevant market in which the parties operate, then identifying the parties market shares and determining whether the restriction will have an appreciable impact on competition. If it is determined that the agreement may prevent, restrict or distort competition, then the next step is to consider whether it satisfi es the criteria for exemption. Particular emphasis in the draft guidance is given to land agreements and restrictions in the retail context. In particular, the majority of the useful examples set out in section 8 of the draft guidance, which consider potential scenarios and whether they may breach the competition rules, are retail related. It is clear that restrictions which try to prevent other businesses from entering into the market, or which make it diffi cult for other companies to compete within the relevant market, are most likely to be anti-competitive. What happens if the land agreement breaches the Chapter I Prohibition? If a land agreement is found to fall foul of the prohibition, the OFT may take the following enforcement action: Impose fi nancial penalties of up to 10% of worldwide turnover. Give directions to bring the infringement to an end. This could result in the agreement being modifi ed or deemed void. If the land agreement contains severance provisions, it may be possible for the offending provisions to be severed and the remainder of the agreement to remain valid and enforceable. Apply for directors to be disqualifi ed in certain circumstances. In addition, the parties to the relevant agreement could also face legal action by third parties for damages or injunctive relief and of course any breach could result in bad publicity for the offending party. So what should you do now? In relation to existing land agreements consider whether these should be amended now to remove or amend any provisions which breach the Chapter I Prohibition. Alternatively amend to insert a severance clause to ensure that the land agreement is not made void. In relation to any new land agreements ensure so far as possible that there are no provisions which will breach the Chapter I Prohibition. If for some essential commercial reason the parties believe that restrictions do need to be included which potentially breach the Chapter I Prohibition then ensure that there are the appropriate severance clauses so that the validity of the overall document is not affected. Ensure that all relevant employees who negotiate land agreements are made aware of the impending changes and are given training on the factors to consider when negotiating any form of restrictive covenant or exclusivity obligation and the circumstances in which specialist legal advice should be sought. The consultation period relating to the draft guidance ends on 14 January The OFT is inviting comments and so any interested party should express their views. 15

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