Users without a subscription are not able to see the full
content. Please,
subscribe
or
login
to access all content.
Contents
- Preliminary Material
- Main Text
- 1 Introduction
- Preliminary Material
- A Policy, Politics, and Regulatory Independence
- B The Interaction of the Administrative, Private, and Criminal Regimes for Competition Enforcement
- C The Status Quo Ante and the Agenda for Reform
- 2 The Creation of the Competition and Markets Authority
- Preliminary Material
- A Introduction
- B The Workings, Structure, and Governance of the CMA
- C Commentary on the New Institutional Structure
- 3 The Administrative Enforcement Regime
- Preliminary Material
- A Introduction: The Enterprise and Regulatory Reform Act 2013
- B Institutional Reform
- C CA98: Investigation, Enforcement, and Process
- 3.26
- 3.27
- 3.28
- (1) Opening and closing investigations
- (2) Existing powers of investigation and enforcement
- (3) Compulsory interview powers
- (4) Fines for failure to comply
- (5) Interim measures
- (6) The power to impose penalties and method for calculating fines
- (7) Leniency
- (8) Settlement
- (9) Parallel civil and criminal enforcement
- (10) The relationship between administrative enforcement and civil liability
- 4 Merger Control
- 5 The Market Investigations Regime
- Preliminary Material
- A Introduction
- B Overview of the Regime
- C New Statutory Time Limits
- D Information Gathering and Enforcement Powers
- E Investigations into Practices Across Multiple Markets
- F Co-operation with Regulators: The Case of the Financial Conduct Authority
- G Conclusion
- 6 Sectoral Regulation
- Preliminary Material
- A Introduction
- B The Individual Sectoral Regulators
- C The Roles of the CMA and the CAT as Referral or Appeal Bodies
- D Conclusion
- 7 Individual Criminal Liability— The Cartel Offence
- Preliminary Material
- A Introduction
- B The Cartel Offence in its Original Form
- C The Amended Cartel Offence
- (1) Terms of the amended offence
- (2) Actus reus of the offence
- (3) Amendments made by the ERRA to the mens rea for the offence—the removal of the dishonesty requirement
- D Procedural Issues
- 8 Private Enforcement
- Preliminary Material
- A The Development of Private Competition Litigation in the United Kingdom
- B The Changes to the UK Private Enforcement Regime made by the Consumer Rights Act 2015
- (1) Introduction—the objective of the amendments
- (2) The jurisdiction of the CAT to hear stand-alone claims for damages and injunctions
- (3) Limitation
- (4) The class action regime
- (5) Remedies: damages, injunctions, settlements, and appeals
- (6) The fast-track procedure
- (7) Voluntary redress schemes
- (8) Conclusions
- C The EU Directive on Damages Actions for Competition Law Infringements
- (1) Introduction
- (2) History of the development of the EU private enforcement regime
- (3) The EU Directive
- (a) The recitals to the Directive
- (b) Chapter I: Subject-matter, scope, and definitions
- (c) Chapter II: Disclosure of evidence
- 8.133
- (i) Article 5 (disclosure of evidence generally)
- (ii) Article 6 (disclosure of evidence included in the file of a competition authority)
- (iii) Pfleiderer v Bundeskartellamt
- (iv) Bundeswettbewerbsbehorde v Donau Chemie
- (v) Article 6(5)–(6)
- (vi) Other provisions of Article 6
- (vii) Article 7 (limits on the use of evidence obtained solely through access to the file of a competition authority)
- (viii) Article 8 (penalties)
- (d) Chapter III: Effect of national decisions, limitation periods, joint and several liability
- (e) Chapter IV: The passing-on of overcharges
- (f) Chapter V: Quantification of harm
- (g) Chapter VI: Consensual dispute resolution
- 1 Introduction
- Further Material