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The UK Competition Act
By
Barry Rodger and Angus MacCulloch
Description
With a Foreword by
Lord Borrie
This book is a
collection of essays on key issues arising out of the new UK
competition regime contained within the Competition Act 1998. The new
Competition Act is a crucial piece of legislation which fundamentally
alters the competition control system in the UK. The Act has been
introduced after more than a decade of proposals for reform which
have considered various aspects of UK competition law and policy. It
introduces a new institutional and regulatory framework and
substantive competition law principles. A core component of the Act
is the intended harmonisation of UK competition law with Articles 81
and 82 of the EC Treaty. ‘Soft’ harmonisation and the
continuing interrelationship between UK and Community competition law
raises a variety of interesting issues and problems which are
discussed in the book. This is an excellent time,as the Act’s
principal provisions have just entered into force, to produce a
series of reflections on various aspects of the new regime to be
introduced. A variety of competition law experts have produced
contributions discussing the implications of the new Act, together
with a foreword by Lord Borrie, former Director General of Fair
Trading. This book is essential reading for all those involved in
competition law; students, academics, policymakers and practitioners
alike.
Barry Rodger is a
Professor of Law at the University of Strathclyde.
Angus MacCulloch
is a lecturer in law at the University of Manchester.
Contents
Table of Cases
Table of
Legislation
List of
Contributors
Table of
Abbreviations
Ch. 1 The
Competition Act 1998 and the Prior Debate on Reform by Richard
Whish 1
Ch.
2 Harmonisation with Community Law: The Euro Clause by Kirsty
Middleton 21
Ch.
3 Interrelationship with Community Competition Law Enforcement by
Barry J. Rodger 45
Ch.
4 Investigations Under the Competition Act 1998 by Iain MacNeil 75
Ch. 5 Private
Enforcement of the Competition Act Prohibitions by Angus
MacCulloch 99
Ch. 6 The Chapter
II Prohibition by Brenda Sufrin 119
Ch. 7 Monopolies,
the Public Interest, the Fair Trading Act and the Chapter II
Prohibition by Mark Furse 149
Ch. 8 The Chapter
I Prohibition. Prohibiting Cartels, Or Permitting Verticals? Or Both?
by Barry J. Rodger and Angus MacCulloch 169
Ch. 9 The
Competition Act 1998 and Intellectual Property Rights by Steve
Anderman 197
Ch.
10 Competition, Regulators and Public Service by Tony Prosser 225
Ch.
11 Divergences in \"Harmonised\" Laws: A View From Abroad by
Rein Wesseling 243
Ch. 12 The
Swedish Competition Act: A Second View from Abroad by Jonas
Koponen 263
Index 291
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