Legal Matter For Affiliate Marketers In Scotland

November 24th, 2014

First of all, affiliate marketing is better known as the genuine promised land of marketers looking to solely cover payment for the leads or sales one has managed to complete. Moneywise, it is an excellent marketing strategy to keep in mind – so there’s no wonder more and more companies are using it. If you are personally interested in turning into an affiliate marketer and you are seeking some legal advice and tips, read on.


Is Affiliate Marketing Legal?


In case you are interested in the legal aspects of affiliate marketing, for starters, know that affiliate marketing is legal – as long as the activities involved in it are legal. It might be useful to take on an affiliate marketing class that will inform you about Late Payment of Commercial Debts Act 1998 used for debt recovery and other such legal aspects. These classes should also help you understand which are the most popular affiliate marketing tools and strategies to use at the moment, considering the latest statistic an results recorded by the largest companies in the world. Top casino affiliate programmes such as the LadbrokesPartners one. If you are not yet familiar with the Ladbrokes name, know that it has first seen the light of day in 1886 when it was nothing but a horse-betting operation led by two people. Ever since, the fellows at Ladbrokes have worked on constantly evolving and adding more products to their collection. Today, verticals such as Ladbrokes casino, Vegas, financials, bingo, sports, or games can all be chosen by affiliate marketers who wish to get the appealing commissions there. The big advantage of this particular affiliate programme is the fact that the team of experts here will cater to all of your training needs, offering you the tools and advice you need to get started, successfully substituting specialized courses.   

affiliate marketing


Procurement Update: Key Developments and Coming Reforms

October 27th, 2014

This event will be essential for all public and private sector bodies involved in procurement, whether as a procuring authority or as a bidder.

The seminar will:

•Provide an update on key recent developments, including cases from Scotland and elsewhere (Morag Ross, Advocate);

•Explain the CMA’s approach to enforcing the laws against bid-rigging, including how bidders can avoid breaching the law and how authorities can avoid being the victim of anti-competitive behaviour (Mary Davies, Competition & Markets Authority);

•Offer insight into the Scottish Government’s plans for implementing the changes made to the EU Procurement Directive alongside the significant new requirements introduced by the Procurement Reform (Scotland) Act 2014 (Paul McNulty, Scottish Procurement); and

•Give practical recommendations on how authorities can best manage their procurement processes, and bidders can maximise their chances of success (Roger Cotton, Partner, Brodies LLP).

A Q&A session will give attendees a chance to quiz our expert panel, followed by networking drinks and nibbles.

The event will be sponsored by Brodies LLP and hosted by Glasgow Caledonian University. This event is free of charge. Please note, as with all SCLF events, this event is being held under the Chatham House Rule.   

Date and Time: Tuesday 25th November 2014 at 6pm (registration from 5.30pm)

Venue: Room W301, Third Floor, Hamish Wood Building, Glasgow Caledonian University, Cowcaddens, Glasgow G4 0BA

To attend this free event click here Attend Event or email to reserve your place.

NEW 2014

January 29th, 2014

NEW to our website is the paper produced by Graeme Young and John Temple Lang further to our event held in March 2014.  Their paper entitled “Competition Law and Enforcement in an Independent Scotland” can be downloaded below.

Competition Law and Enforcement in an Independent Scotland


Online sales & competition law – 11 September 2014

With online sales ever on the increase, it is no surprise that competition authorities have turned their attention to the novel competition issues raised.  Whilst the internet vastly increases consumers’ ability to shop around, competition law is just beginning to scrutinise arrangements at wholesale level which might be problematic.  Cases have been brought by regulators in the UK, EU and US and the principles and law that apply are beginning to become clearer.

We will consider key questions including:

  • How do the issues raised by online selling differ from “bricks and mortar” selling?
  • How have Competition and Markets Authority (formerly the Office of Fair Trading) and European Commission approached these issues?
  • Should Most Favoured Customer clauses be a concern for competition authorities?

The event will be chaired by Catriona Munro. Speakers will include:

Carolyn Jameson, Director, General Counsel, Skyscanner

Carolyn is responsible for all legal and public and regulatory affairs of the company globally. Before joining Skyscanner, she spent a number of years in a variety of legal and commercial roles within the proprietary and open-source software industry. She joined Skyscanner in 2013 from Wolfson Microelectronics plc, where she had held the role of Head of Legal for the previous 5 years.

Antonia Horrocks, Project Director, CMA

Antonia Horrocks is a Project Director in the Enforcement Directorate of the Competition and Markets Authority, managing Competition Act cases. She has over 15 years of antitrust experience working in regulators and private practice. Prior to the CMA starting in April 2014, Antonia worked as Inquiry Director at the Competition Commission (“CC”) on a number of Phase 2 merger cases, including AkzoNobel/ Metlac, Tradebe/ Sita and The Royal Bournemouth and Christchurch Hospitals NHS Foundation Trust/ Poole Hospital NHS Foundation Trust.  Before joining the CC in 2012, Antonia was a Counsel in the antitrust team at Shearman & Sterling, where she advised companies in a variety of sectors including technology, pharmaceutical, chemicals, financial services and food on all aspects of EC and UK competition law, with a particular focus on managing global mergers and cartel cases.

Ben Rayment, Barrister, Monckton Chambers

Ben is a former Legal Secretary to the UK Competition Commission/Competition Appeal Tribunal. Ben has experience of a wide variety of heavy and complex litigation and advisory work in the CAT, Chancery Division, Commercial Court, and Administrative Court as well as guiding clients through OFT and Competition Commission (now CMA) investigations. According to clients Ben “brings clarity to very complex issues”. He is “noted for his strong advocacy skills”, “intricate knowledge of competition law institutions” and the fact that he is “user friendly” and “will work extremely hard to get the right result”.  Recent cases include a significant number of standalone (e.g. Arriva v Luton Airport and follow on damages claims (e.g. Pinewood v Reckitt Benckeiser (‘Gaviscon’) as well as significant administrative appeals in the Lundbeck ‘pay for delay’ cases before the EU General Court and Eurotunnel v CMA in the CAT.  He has also advised in relation to the OFT’s investigation into Children’s Online Games and other online distribution issues.

Matthew Johnson, Economist, Oxera

Matthew is a Partner in Oxera’s competition practice. His areas of expertise include merger analysis, abuse of dominance, and the effects of vertical and horizontal agreements between firms. He has provided analysis for clients involved in private court actions, as well as those facing investigation by competition authorities. Before joining Oxera, Matthew worked as an economic adviser at the UK Office of Fair Trading (OFT) and the European Commission. With over 15 years’ experience as a professional economist, Matthew is listed in the International Who’s Who of Competition Lawyers & Economists and is a non-governmental adviser to the International Competition Network (ICN) Working Group on Unilateral Conduct.


Date: Thursday 11 September 2014

Time: 17:15 to 19:30 (registration from 17:00). Networking from 19.00

Venue: Maclay Murray & Spens LLP, Quartermile One 15 Lauriston Place Edinburgh EH3 9EP

To attend this event click here Attend Event or email to reserve your place.


Congratulations to all teams who took part the SCLF student event 2014!

January 29th, 2014

27 March 2014 – SCLF Student Event – Glasgow University 3pm

The Scottish Competition Law Forum was delighted to host its Annual Student Debate competition in March this year.  Teams of students from Universities in Edinburgh and Glasgow debated on the following questions:

“Should competition law be applied at local/national as well as regional/international level?”


“Which competition law offences are most damaging for economic welfare and why?”

The judging panel was composed by Mr Michael Dean, Partner, MMS and by Ms Claudia Berg, of the OFT.

The debate took place on 27 March in the Moot Court Room of the Faculty of Law, at the University of Glasgow,  and we are pleased to announce that this year, there was a tie!  So 7 students from across Scotland won placements in law firms and an invitation to the annual SCLF  dinner, congratulations to you all!

Many thanks to everyone who attended this event and should you have any photos or comments please do let us know and we can share them on our site!




The Most-Favoured-Customer Clause

April 24th, 2013

The most-favoured-customer clause refers to a legal arrangement between a customer and a company that guarantees the customer he will receive the best price the company offers to anyone. This clause exists in order to make sure a company will not treat its customers differently during negotiations. The most-favoured-customer clause has its advantages and downsides, and the next few lines are going to discuss some of them.

Benefits Of The MFC Clause

Companies adopting this clause are prone to become tougher negotiators while at the same time managing to diminish their customers’ desire to bargain with them. In parallel, customers can expect to receive the same good deals other clients are given. They will no longer need to worry about looking bad in the eyes of customers who got better deals than they did. They will also get to avoid potential cost disadvantages as compared to the prices adopted by competition.

Cons Of The MFC Clause

The most-favoured-client cause does have its downsides; for instance, for companies, the problem arises when their rivals get to attract their customers due to better offers. They also tend to have a hard time trying to sell to their rivals’ clients. For customers, it seems easier to get better deals while visiting competition, as there are no special deals to look forward to.

The Development Of The MFC Clause

The special clause is gaining more and more ground in worldwide antitrust systems and the European Union expressed the clause through a settlement with the Hollywood representatives buying their cinema equipment. Blue Cross Shield of Michigan is the name of a health insurance giant that is still involved in a most favoured client cause litigation in the US. The way the latter litigation is being handled has the power to influence the numerous similar contracts featuring the same clause.

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