A Regulator’s Price Comparison Website is Not Sensible: comment on Catherine Waddams’s blog post

July 9, 2015

(by Stephen Littlechild) Catherine, I enjoyed your stimulating blog today. You are quite right to point out that CCP anticipated and confirmed the adverse effects that Ofgem’s non-discrimination clause had on competition, as now confirmed by the CMA. And I entirely agree with you that the proposed protective tariff for those that do not switch is very ill-advised. But I am puzzled why you consider it very sensible that Ofgem set up an independent price comparator website [PCW] for domestic customers. Read the rest of this entry »


CMA Provisional Energy Market Findings: Does protecting the weak (even temporarily) make them stronger?

July 7, 2015

(by Catherine Waddams) In its provisional findings on the energy market, the UK’s Competition and Markets Authority (CMA) focuses on weak consumer response – but one proposal, to introduce a protective tariff for those who do not switch, might prove counterproductive. 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 »


The EU Commission Decision against Servier – a New Dimension to European Pharmaceutical Antitrust?

July 11, 2014

(by Sven Gallasch) On 9 July 2014 the European Commission announced its decision to impose a fine of €427.7 million on French drug maker Servier and five generic companies in relation to so-called ‘pay for delay’ settlements concerning Servier’s bestselling blood pressure drug perindopril. The case differs from the Commission’s earlier decisions against Lundbeck and Johnson & Johnson in a number of rather notable aspects, which will be addressed in this blog post. Read the rest of this entry »


Is an in-depth energy market inquiry worth it?

March 27, 2014

(by Catherine Waddams) The decision to refer the energy market to the new Competition and Markets Authority (CMA) will be welcomed by many but will also have costs. On the positive side, the opportunity for a thorough review of the market enables analysis without immediate political pressure, either directly on the market or on the regulator. It is important to restore public confidence in the market, either by giving it a clean bill of health, or identifying any problems and remedying them. Read the rest of this entry »


Ofcom: A Credible Solution to Bias in Media Public Interest Mergers?

February 16, 2014

(by David Reader) On 4 February, the House of Lords Select Committee on Communications published its Report on Media Plurality proposing a number of changes to media ownership regulation in the UK. Among the most notable is the proposal to grant decision-making powers to the media regulator, Ofcom, in mergers raising potential media plurality concerns. At present, this role is performed by the Secretary of State but, as has been noted in a previous post by Andreas Stephan, the ability of politicians to undertake this role impartially has recently been called into question. In particular, the close contact between a NewsCorp lobbyist and a Special Adviser to (the then Culture Secretary) Jeremy Hunt during the NewsCorp/BSkyB assessment, as exposed by the Leveson Inquiry, highlights the sheer extent to which politicians can be subjected to undue influence in the media sector. Re-allocating the decision-making role to Ofcom could overcome this problem, but it could equally amount to substituting one problem for another. Read the rest of this entry »


A Simple Way to Boost Competition in the Energy Market

November 8, 2013

(by Andreas Stephan) The latest round of increases in energy prices has sparked an angry debate about how well competition is working in the UK market. Energy companies claim increases reflect rising wholesale prices and government levies, while politicians are making allegations of collusion. A long term view of how to make the energy market more competitive for consumers has been drowned out by political point scoring. Yet there may be a simple way of jump starting greater competitive pressures against the relentless price rises. Read the rest of this entry »


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