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.

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.

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.