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Richard Whish

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Richard Whish

This chapter analyses the recent cases of standalone actions for breaches of Article 102 TFEU in the UK courts. During the past few years, the UK Competition and Market Authority (CMA, formerly the Office for Fair Trade) and the sectoral regulators have adopted few decisions finding an infringement of Article 102 TFEU or its UK equivalent. On three recent occasions (i.e. Purple Parking v Heathrow Airport, Arriva v Luton Airport and Dahabshiil v Barclays Bank) firms have gone straight to court claiming to be the victim of abusive behaviours, rather than submitting a complaint to the CMA/OFT. Thus, the chapter analyses the recent trend in the increase in the number of standalone actions for breaches of Article 102 TFEU in the UK. Keywords: private enforcement; standalone claims; UK Competition and Market Authority; courts of England and Wales

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Richard Whish

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Richard Whish

An interesting feature of the Competition Act 1998 (the ‘CA 1998’) is the concurrency regime: the UK's sectoral regulators are given concurrent powers with the Competition and Markets Authority (‘CMA’) to enforce the Chapter I and Chapter II prohibitions and Articles 101 and 102 TFEU. This article explores the ‘enhanced concurrency regime’ that has applied since the entry into force of the Enterprise and Regulatory Reform Act 2013 and considers the main points outlined in the CMA's 2018 Concurrency Report and competition enforcement activity by the CMA and sectoral regulators in regulated sectors. It concludes with some thoughts on how concurrency may function in a post-Brexit world.

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Edited by Richard Whish and Christopher Townley

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Edited by Richard Whish and Christopher Townley

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New Competition Jurisdictions

Shaping Policies and Building Institutions

Edited by Richard Whish and Christopher Townley

This book focuses on the problems faced by newly-established competition authorities, and on shaping policies and building institutions in those jurisdictions. In particular four key issues encountered by new competition jurisdictions are considered, namely: the challenges and obstacles to adopting competition laws; institutional challenges and choices, with a specific focus on deterrence; the global perspective, with a specific focus on mergers; and a discussion of how to help young academics in new jurisdictions. Theoretical analysis is informed by practice throughout, and in particular by those considered to be at the cutting edge, either working in new competition authorities or from specialists advising them on a daily basis (such as those in the OECD and UNCTAD).