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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

Published Year: 2000
Format: Paper Back
ISBN: 9781841130972
Publisher: Hart Publishing, Oxford
No of Pages: 338

Our Price: £ 45.00

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