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This book provides the first comprehensive analysis of the
immediate and likely longer-term consequences of Brexit for the
UK's competition law regime and includes the competition and
subsidy control provisions of the EU-UK Trade and Cooperation
Agreement. It has been written to be of value to scholars and
practitioners of competition law, whilst also providing a useful
guide to readers with only limited understanding of competition
rules. The book provides a detailed critical discussion of how
Brexit impacts on five key aspects of competition policy in the UK:
legislation, institutions and cooperation; antitrust rules that
prohibit anti-competitive agreements and the abuse of a dominant
position; private enforcement, in particular actions for damages;
regulation of mergers and acquisitions; and State aid or subsidy
control rules.
This book provides the first comprehensive analysis of the
immediate and likely longer-term consequences of Brexit for the
UK's competition law regime and includes the competition and
subsidy control provisions of the EU-UK Trade and Cooperation
Agreement. It has been written to be of value to scholars and
practitioners of competition law, whilst also providing a useful
guide to readers with only limited understanding of competition
rules. The book provides a detailed critical discussion of how
Brexit impacts on five key aspects of competition policy in the UK:
legislation, institutions and cooperation; antitrust rules that
prohibit anti-competitive agreements and the abuse of a dominant
position; private enforcement, in particular actions for damages;
regulation of mergers and acquisitions; and State aid or subsidy
control rules.
Competition law has traditionally been enforced in Europe via a
public administrative authority, primarily the European Commission,
but also increasingly by Member State National Competition
Authorities. However, public enforcement does not compensate
victims of competition law infringements. Private enforcement is
central to US antitrust law enforcement, and the availability of
class actions underscores the importance of consumer rights and
redress. Over the last 20 years there has been considerable debate
and developments in the EU to facilitate and encourage private
enforcement, in particular in relation to consumer redress.
The UK competition law regime comprises primarily the Competition
Act 1998 and the Enterprise Act 2002, supplemented by provisions
introduced by the Enterprise and Regulatory Reform Act 2013 and the
Consumer Rights Act 2015. The foundation of the modern framework of
UK competition law, the Competition Act 1998, has entered its
twentieth year of operation, having come into force on 1 March
2000. Since that particular date, UK competition law has developed
significantly through both decisional practice and jurisprudence.
It has also undergone a process of modernisation, including both
institutional and substantive reform. After the passage of an
eventful twenty years of enforcement and reform, it is now an
appropriate time to engage in a serious process of critical
reflection on the current shape of the UK's competition regime and
whether it is performing well its role of 'making markets work well
for consumers'. With this context in mind, the book examines in a
robust and critical manner the first twenty years of the operation
of the UK's competition regime. It focuses on the main substantive
and procedural issues and provides a comprehensive analysis of how
the UK's contemporary competition regime has dealt with the
challenges posed by these issues. By doing so, the book not only
articulates those areas of competition law that are working well in
the UK, but also those areas where further reflection, refinement
and possible reform are required.
Cases and Materials on UK and EC Competition Law is designed to
help the reader make sense of this fast-developing and often
complex area of law. By providing readers with a broad range of
materials relating to both UK and EC competition law, all of the
notable cases and materials are collected in one place making this
an invaluable resource for students. Useful notes and questions
help to check progress and reinforce understanding and expanded
further reading points students towards useful websites, books, and
articles.
Including hard-to-find primary sources as well as extracts from
cases, statutes, and academic sources, and supported by penetrating
commentary and insightful notes, the second edition of Cases and
Materials on UK & EC Competition Law is a vital tool for anyone
serious about developing a grasp of this increasingly significant
subject.
This book makes a significant and original contribution to the
literature on the developing area of private enforcement of EU
competition law. It delivers a significant, rigorous and
comprehensive analysis of the transposition across a broad
selection of Member States (MS) of a major EU Directive introduced
with the aim of harmonising and facilitation competition law
damages actions across the European Union.
Discover the strengths and weaknesses in UK competition law as it
has evolved over the last 10 years and look ahead to what changes
we can expect in the next 10 years. Find out about the role of the
Office of Fair Trading, the Competition Appeal Tribunal, the impact
of private litigation, the Competition Act 1998, the European
Administrative Model and more in this essential analysis.
It is the thesis of this fascinating and highly instructive book on
competition law that an examination of one landmark case, scenario,
or 'saga' each from a range of legal systems leads to a thorough
understanding of the issues informing and arising from competition
policy, law, and legal practice. To that end, leading scholars from
14 jurisdictions enhance their academic authority and rigour with
an element of panache to describe a particularly salient case in
each of their countries, commenting in depth on the contribution of
the case to the development of their particular competition law
culture and to the case's enduring significance for competition law
and its enforcement from a global perspective. There are chapters
for each of thirteen countries as well as the European Union,
preceded by an informative and thoughtful introduction. For each
landmark case selected, the legislative background, the case facts,
and the legal ruling and reasoning are all minutely described,
along with commentary, critique, and assessment of the case's
impact and contemporary significance. The cases cover vast swathes
of the competition law territory in terms of substance and
procedure, dealing with cartels, abuse of dominance, mergers, and
vertical restraints, and involving diverse forms of public and
private enforcement processes. Aspects covered include the
following: the public interest test; bid-rigging in public
procurement; the entitlement of dominant companies to compete on a
level footing with other companies; the hard-to-draw line between
legitimate competition and unlawful monopolizing conduct; the
dangers of eclectic borrowing in the development and interpretation
of competition law rules; horizontal price-fixing collusion 'hub
and spoke' cartels; resale price maintenance agreements and the
U.S. 'rule of reason'; the increasing use of private enforcement
and the right for victims of a competition law infringement to seek
compensation; merger control in energy markets and the political
use of merger review rules to benefit domestic firms; cooperation
with criminal enforcement agencies and prosecutors; the role courts
play in undertaking adequate legal supervision of competition
authorities; leniency processes and obtaining access to
'confidential' whistleblowing documentation; imposition of
administrative fines and other deterrence-based sanctions; and how
the 'consumer welfare' standard is interpreted. More than a set of
landmark case descriptions, this book, in which many chapters
reflect upon recent and consider further future significant
reforms, demonstrates that competition law and its enforcement
processes form part of a chronological narrative, and that it is
important to understand the broader legal, social, and economic
context within which competition law and policy develop.
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