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OFT withdraws criminal proceedings against current and former BA executives
(2010)
The European Commission's Guidance on Article 102 TFEU: From Inferno to Paradiso?
British Airways to pay £58.5 million penalty in OFT fuel surcharge decision
(1998)
Modernisation -a consultation on the Government's proposals for giving effect to Regulation 1/2003 EC and for re-alignment of the Competition Act
)
The result might be that a firm charges its highest price across the EU, when it would otherwise sell at a lower price in Member States where consumer income is lower. See Ioannis Lianos
Andreas Stephan, M. Hviid (2015)
Cover Pricing and the Overreach of Object Liability under Article 101 TFEUWorld Competition
For a list of bilateral agreements currently entered into by the European Commission, see DG COMP
Mansion House Speech' (Trade and Industry Dinner
(2004)
UKHL 41, which followed the Australian High Court decision in Chappel v Hart (1998) 195 CLR 232. See Neil Duxbury
42(7) confers a duty on the Secretary of State to 'finalise' proposals for new public interest criteria, which -by virtue of s 42(8)(b)-includes obtaining Parliamentary approval
Improving International Co-Operation in Cartel Investigations (Contribution to OECD Global Forum on Competition
(2014)
Sir Vince Cable, in the wake of Pfizer's failed bid for
515/06 P and 519/06 P GlaxoSmithKline Services Unlimited v Commission [2009] ECR I-9291, paras 59-62; Jones and Sufrin (n 122) 40; Commission Regulation
P. Whelan (2014)
The Criminalization of European Cartel Enforcement: Theoretical, Legal, and Practical Challenges
)
Enterprise Act 2002, s 42(2) affords the Secretary of State the power to intervene on specified public interest grounds
Abuse of Market Power' (2005) 115(504) The Economic Journal 244
Alison Jones (2008)
Completion of the Revolution in Antitrust Doctrine on Restricted Distribution: Leegin and its Implications for EC Competition LawThe Antitrust Bulletin, 53
Andreas Stephan (2011)
Did Lloyds/HBOS Mark the Failure of an Enduring Economics Based System of Merger Regulation?Law & Economics eJournal
Stephen Blake, Dominik Schnichels (2004)
Leniency following Modernisation: safeguarding Europe´s leniency programmes
M. Furse (2013)
The Criminal Law of Competition in the Uk and in the Us: Failure and Success
Caron Beaton-Wells, Brent Fisse (2011)
Australian Cartel Regulation: Law, Policy and Practice in an International Context
Andreas Stephan (2006)
The Bankruptcy Wildcard in Cartel CasesLaw & Economics
B. Wardhaugh (2014)
Cartels, Markets and Crime: A Normative Justification for the Criminalisation of Economic Collusion
(2013)
Department for Business, Innovation and Skills, Government's response to the Heseltine review
EU competition law jurisprudence guides judicial decision-making around the world because so many competition prohibitions are based on those of the EU. See, for example, Erdem Büyüksagis
AbstractA notable effect of ‘Brexit’ is that it will create new freedoms for the UK to shape its competition policy outside the EU, but these freedoms come at a cost and could prove damaging to competitive markets. In merger control, the UK will be free to employ more frequent public interest interventions (especially for foreign acquisitions), but these could be misused and create uncertainty. In State aid, there will be pressure for greater protection of UK industries through State interventions, but such freedom will constrain, and be constrained by, the UK’s new trade arrangements and could prove wasteful. In antitrust, the UK will be free to set its own path, for example by fully criminalizing its cartel enforcement regime, but cooperation with other EU competition agencies will dwindle. The UK also faces difficulties in continuing to benefit from the significant level of fines currently imposed by the European Commission on its behalf. The article concludes that any immediate changes to policy should be avoided and that it may even be necessary to legislate to limit the exercise of some new freedoms. We also note how, for current EU/UK levels of enforcement to be maintained, the Competition and Markets Authority’s resource requirement may have to be doubled.
Journal of Antitrust Enforcement – Oxford University Press
Published: Oct 1, 2017
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