The debate concerning the role of private enterprise in the public sector is well documented and often divisive.

With the credit crunch beginning to bite, the obligations imposed by competition law may seem overbearing to companies struggling to stay afloat. After all, companies have many vital matters to attend to in order to ensure their survival.

The recent Court of Appeal case of "Sagal v Atelier Bunz GmbH" held that an agent with the authority to contract (as opposed to simply an authority to negotiate) is only a commercial agent for the purposes of the Commercial Agents Regulations 1993 if they contract in the name of the principal.

The rapid pace of change in communications technology means that soon it may no longer be appropriate to look at television programming in isolation. This is making the regulators’ lives a lot more challenging, as the fall-out from the conjoining of BSkyB and ITV has highlighted. Convergence is no longer just a theory.

More than ever telecommunications are central to our lives and work. Economic and social activities have come to rely on telecoms services and infrastructure, with internet access, mobile phones and TV services used every day by millions.

Commercial contracts are frequently full of legal expressions and legal jargon, and although you may have encountered these terms numerous times and seen them in use for many years, there is often considerable misunderstanding as to the true effect of the terminology.

When you search the internet it is the clever use of 'adwords', keywords purchased by advertisers, that enables certain adverts and sponsored links to appear alongside your search results.

On 12 May 2009 a new ‘Green Channel’ scheme for patent applications was introduced by the UK Intellectual Property Office (IPO) with immediate effect.

Competition law compliance should be an important component of risk management strategies for every business.

The principle of ‘remoteness of damages’ was articulated in "Hadley v Baxendale" [1843 All ER Rep 461] in 1853. It is a concept which has been widely debated, and to this day, remains somewhat ambiguous.

Environmental policies and procedures in both the public and private sectors are now ubiquitous.

The rise in popularity of social networks such as Facebook and LinkedIn has brought with it many potential benefits for employers and employees; from allowing us to stay in touch with old colleagues, to building up potential contacts and customers.

Internet message boards and discussion forums can provide fertile ground for the sowing and cultivation of defamation proceedings. And increasingly it can be the internet service providers who find themselves in the front line. SmartLaw explains.

Your commercial negotiations have reached a certain stage. You now wish to record the main points and the basis on which you agree to proceed with the transaction in the form of Heads of Terms (also known as heads of agreement, memoranda of understanding, term sheets or letters of intent).

Liability provisions are often the most contentious and heavily negotiated terms in commercial contracts and it is therefore important to ensure that they are drafted correctly.

The current economic climate has highlighted the role of the public sector which – as yet – remains less affected by the downturn than other sectors of the economy.

Demand for outsourcing is often accelerated during times of global economic uncertainty as businesses seek to initiate cost-saving organisational changes.

The European Commission has published a draft of its revised guidelines on the applicability of competition law to agreements between competitors.

The snappily titled Company Names Adjudicator Rules 2008 established a new tribunal. It will deal with all complaints about company name registrations but especially those irritatingly opportunistic ones designed purely to cash in on the frustrations of legitimate name owners. Smartlaw looks at what the tribunal does and why it matters.

The UK government is aiming to tighten up the area of bribery law, codifying the current rules and modernising them to enable prosecutors and the courts to deal with bribery cases more effectively.