Tuesday, December 23, 2014

Decentralised Enforcement of EU Competition Law by Sector Regulators – The UK Model

Cosmo Graham University of Leicester - School of Law discusses Decentralised Enforcement of EU Competition Law by Sector Regulators – The UK Model.

ABSTRACT: This paper was delivered at the Fourth ACELG Annual Conference on “Ten Years of Decentralized EU Competition Law Enforcement: Success or Failure?” on 14 November 2014, University of Amsterdam. The paper examines the early debates over concurrency and what were the initial expectations, sets out the legal arrangements that were put into place and describes the enforcement record of the sector regulators or, more accurately, the lack of enforcement activity. From here, the paper goes on to discuss possible reasons for this and sets the record in the context of the enforcement activities of the Office of Fair Trading and the role of the Competition Appeal Tribunal. The third part of the paper looks at the recent reforms introduced by the Enterprise and Regulatory Reform Act 2013 which, among other objectives, seeks to rejuvenate the enforcement of competition law by sector regulators. Finally, the paper attempts an overall assessment of the UK experience and looks at the possible impact of future developments on the current arrangements.

https://lawprofessors.typepad.com/antitrustprof_blog/2014/12/decentralised-enforcement-of-eu-competition-law-by-sector-regulators-the-uk-model.html

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