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6 Sectoral Regulation

Adam Collinson, Julia Woodward-Carlton

From: UK Competition Law: The New Framework

Edited By: Ros Kellaway, Rhodri Thompson, Christopher Brown

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 20 September 2020

Private actions — National Courts — National courts — National Competition Authorities (NCAs) — United Kingdom

This chapter covers the reforms brought about by the Enterprise and Regulatory Reform Act (ERRA) to the concurrency regime, with a view to strengthening the co-operation between the CMA and the sectoral regulators (Ofcom, Ofgem, Ofwat, ORR, NIAUR, CAA, Monitor, PSR, and FCA). It discusses the fact that the sectoral regulators had, in the eyes of many observers, not used their powers to enforce competition law robustly enough. It outlines the innovations brought about by the ERRA, including conferral on the CMA of the power to decide which regulator should lead an investigation, and granting the Secretary of State the power to remove concurrent competition powers from sectoral regulators, and to make regulations on information exchange between the CMA and the regulators. There is also a discussion of the newly created UK Competition Network. The chapter concludes that the changes may have altered the balance between regulation and competition law enforcement.

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