Will much change in Antitrust post Brexit?

July 8, 2016

(by Andreas Stephan) The UK’s decision to leave the European Union has come as a shock to markets, politicians and indeed to many ‘Brexiteers’. Although protests demanding a reversal of the outcome and legal wrangling over Art 50  (the process for leaving the EU) continue, mainstream politicians have almost universally accepted the result (the obvious exception being in Scotland) and there is little evidence of public perceptions having shifted towards ‘Remain’ since the vote, despite accusations of a dishonest and misleading campaign by the ‘Leave’ camp. It is therefore almost certain that the UK will cease to be a full member of the EU. Bruce Lyons wrote about the (limited) advantages and (greater) disadvantages of Brexit for competition policy in an earlier blog, but here I suggest that much may remain the same regardless of what the UK’s new relationship with the EU ends up being. Read the rest of this entry »

Should markets be regulated in Brussels or London? Brexit and competition policy

May 26, 2016

(by Bruce Lyons) Much of the UK referendum debate jumps in on headline details about specific ‘regulatory burdens’ without thinking carefully about how to compare membership of the EU against life outside the single market.  In this post, I set out a framework for thinking about the economic advantages and disadvantages of having regulation harmonised across the EU (and possibly implemented centrally in Brussels), as compared with an independent UK-specific regulation (for implementation in London or the devolved nations).[1]  Read the rest of this entry »

Would Jeremy Corbyn as Prime Minister mean the end of Competition Policy?

August 17, 2015

(by Andreas Stephan) The UK’s Labour party is currently in the process of selecting a new leader. The front-runner, Jeremy Corbyn, may become Britain’s first socialist Prime Minister in a generation. This blog post considers what a Corbyn government could mean for competition policy. Read the rest of this entry »

Why harmed consumers may be more satisfied in the future – the CMA’s new redress scheme

June 12, 2015

(by Sebastian Peyer) In an earlier blog post I wrote about the new opt-out collective action regime introduced by the Consumer Rights Act 2015. This is not the only measure that is to help consumers and other injured parties to obtain compensation for the violation of EU and UK competition law. The new sections 49C-49E of the Competition Act 1998 provide powers for the Competition and Markets Authority (CMA) to approve voluntary redress schemes. This blog post considers whether these are a welcome innovation. Read the rest of this entry »

I’m a dissatisfied customer in a fairly unusual market …the market for opinion polls

May 12, 2015

(by Chris Hanretty) I’m more an end-user rather than a customer: I don’t buy opinion polls, but rely on a number of polling companies to publish their results which are (typically) commissioned by national newspapers or other media outlets.

This market has recently suffered a clamorous and highly visible failure. Most polls before the 2015 UK general election suggested that approximately equal proportions of people intended to vote for the Conservative and Labour parties respectively. In the end, the Conservatives finished six and a half percentage points ahead.

Given the size of this failure — and CCP’s obvious interest in competition and troubled markets — it’s reasonable to ask whether the polling industry’s failure is evidence of a broader failure in the market for public opinion research. Read the rest of this entry »

What could repeal of the Health and Social Care Act 2012 mean for the application of competition law and the English NHS?

May 5, 2015

(By Mary Guy) In view of the significant opposition to the competition provisions of the Health and Social Care Act 2012 (HSCA 2012), it is unsurprising that several parties are explicitly proposing repeal in their 2015 UK election manifestos. Repeal of the HSCA 2012 appears to offer a neat shorthand for dis-applying competition law with regard to the English NHS. But how do the competition provisions of the HSCA 2012 relate to the application of competition law, and what would repealing them actually achieve? This blog post explores these two questions by specific reference to s.72 HSCA 2012, so “competition law” is defined as the anticompetitive agreements and abuse of dominance provisions.[1] Read the rest of this entry »

Is the Head of Germany’s Bundeskartellamt Right to Suggest Criminal Law Sanctions are Too Severe for Cartels?

November 24, 2014

(by Andreas Stephan) It has been reported by Bloomberg Businessweek that the President of the German Federal Cartel Office recently expressed doubts as to whether criminal sanctions were necessary in the fight against cartels. His comments are indicative of the diverging approaches taken by cartel enforcement regimes. They are made all the more interesting by the fact Germany is one of the most active European enforcers of criminal law against bid-rigging arrangements and a suggestion by another Bundeskartellamt official that individual sanctions should be abandoned altogether. Read the rest of this entry »


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