The Europeanisation of UK Competition Law

by Nicholas Green, Aidan Robertson

Overview

The Competition Act 1998 makes fundamental changes to United Kingdom competition law, introducing two new prohibitions based on European Community rules. In September 1998, the Centre for the Law of the European Union at University College London hosted a conference, chaired by Judge David Edward of the European Court of Justice, to discuss the Europeanisation of United Kingdom competition law. This book brings together the papers delivered at the conference, together with additional papers exploring the effect of the Competition Act. The papers will be of interest to all practitioners, officials and academics working in the are of competition law.

Contributors: Judge Christopher Bellamy (Court of First Instance of the European Communities), Mrs Margaret Bloom, (Director of Competition Policy, The Office of Fair Trading), Nicholas Green QC (Brick Court Chambers), Donald A. Hay (Jesus College, Oxford and the Institute of Economics and Statistics, Oxford), Professor Valentine Korah (University College, London), Aidan Robertson (Brick Court Chambers), John Swift QC (Monckton Chambers).

Product Details

ISBN-13:	9781841130361
Publisher:	Bloomsbury Academic
Publication date:	02/19/1999
Pages:	144
Product dimensions:	6.14(w) x 9.21(h) x 0.28(d)

About the Author

Nicholas Green, KC, is a Barrister at Brick Court Chambers, specialising in European, commercial and public law.
Aidan Robertson is a Barrister and member of Brick Court Chambers.

Table of Contents

	Preface	ix
	Table of Cases	xi
	Table of Legislation	xv
	Table of Treaties	xvii
1.	The Europeanisation of United Kingdom Competition Law	1
2.	The OFT's Role in the New Regime	11
	Introduction	11
	Guidelines and Guidance on Penalties	12
	Guidelines Providing Advice and Information	12
	Guidance on Penalties	15
	Education and Compliance	15
	Procedural Rules and Internal Procedures	17
	Internal Procedures	17
	Procedural Rules	18
	Powers of Investigation	18
	Institutions	20
	Sector Regulators	20
	Competition Commission	21
	Transitional Arrangements	22
	Conclusion	24
	Annex	24
3.	Some Observations on the Civil Consequences of the Chapters I and II Prohibitions	25
	Introduction	25
	The Guidance Provision	25
	Direct Effect and Supremacy	29
	Scope of Duty in Chapters I and II Prohibitions	30
	Conclusion	32
4.	Is More Like Europe Better?: An Economic Evaluation of Recent Changes in UK Competition Policy	35
	Introduction	35
	Anti-competitive Agreements	39
	Abuse of a Dominant Position	44
	Vertical Agreements	52
	Scale Monopolies, Complex Monopolies and Mergers	54
	Conclusions	59
5.	The Competition Act: Some Foreseeable Problems	61
	Exemption Orders, Vertical Restraints	61
	Collective Dominance	62
	Conduct in Concentrated Markets	62
	EC Precedents - the Need for Links	64
	Oligopolistic Dominance under the Merger Regulation	68
	Abuse
	Predation and Meeting Competition	69
	Community Case Law	70
	Collective Price Cuts	71
	Unilateral Selective Price Cuts	71
	Conclusion	73
	Excessive Pricing	73
	Access to Essential Facilities	74
	Conclusion	78
6.	Regulation under the Competition Act and Existing Legislation for the Regulation of Utilities	79
	Introduction	79
	The Purpose and Likely Effect of the Competition Act Generally	79
	The Likely Impact of the Competition Act on the Utilities	81
	Common Characteristics of the Utility Markets	81
	Application of Chapters I and II Prohibitions	81
	Future Regulatory Framework: Substantive Rules and Conditions	83
	Future Regulatory Framework: Due Process and Rights Undertakings	85
	Primary Role for Sector Regulators	85
	The Importance of the Guidance under Sections 51 and 52	85
	The Concurrency Working Group	86
	Publication and Transparency	86
	Appeals Process	86
	Regulatory Discretion as to Use of Powers	87
	Conclusion	87
7.	UK and EC Competition Laws: Will They Operate in Complete Harmony?	89
	Introduction	89
	The Chapter I Prohibition	91
	Excluded Agreements	92
	Individual Exemption	94
	Block Exemption	94
	Parallel EC Exemptions	94
	Article 88 EC Exemptions	94
	Procedure	95
	Enforcement	95
	Chapter II Prohibition	96
	Harmonious Interpretation: The Consistency Principle	96
	Conclusion	103
	Index	105

Editorial Reviews

"The book contains useful analysis and comment on the Act from weighty contributors, such as Christopher Bellamy, John Swift QC and Valentine Korah, but the book is light and readable [it] will be of interest to practitioners, officials and academics working in the area of competition law." --Caroline Ball, World Competition Law and Economics Review

"...provides helpful insights into both the likely operation of the new Actand the degree to which its operation will be influenced by principles and concepts still evolving under E.C. Competition Law." --Paul Hughes, European Law Review

"This is a book which will be of interest to all specialist practitioners, officials and academics working in the area of competition law." --The Review Editor, European Sources Online

From the Publisher

Seven experts explore the effects of the UK Competition Act 1988, which introduced fundamental changes in competition policy based on European Community laws. They provide observations on the consequences of the Chapters I and II prohibitions, an economic evaluation, an overview of foreseeable problems, and even hope for harmony per the Act's consistency principle. Includes tables of cases, legislation, and treaties. Distributed in the US by ISBS. Annotation c. Book News, Inc., Portland, OR (booknews.com)

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