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This book provides a comprehensive practitioner guide to the new competition law framework in the UK, following the widespread and significant reforms introduced in April 2014 and brought about by the Enterprise Regulatory and Reform Act 2013 (ERRA 2013); and reforms brought about by the Consumer Rights Act 2015.
It considers the "new politics" of UK competition law: the increasing re-politicisation of competition policy in the UK, and how different elements of the regime (civil, criminal and administrative) interact. The book summarises the existing regime, considering how it has fared since the Competition Act came into force in 2000.
It considers the administrative enforcement regime, including institutional reform of the functions of the CMA, sectoral regulators, the Competition Appeal Tribunal (CAT) and the Secretary of State; and the enforcement process. It then covers the merger control regime, including fixed time limits, merger notice and information gathering powers, interim measures, due process, and remedies.
It examines the powers and remit of the various sector regulators in terms of promoting competition and enforcing competition law, as well as the UK Competition Network and the wide-ranging remit of the FCA regarding financial services markets. It also analyses individual criminal liability, the cartel offence-both in its original form and as amended by the ERRA-and procedural issues. Finally, the book examines private enforcement, including the development of private competition litigation in the UK, the changes introduced by the Consumer Rights Act and the EU directive on damages actions for competition law infringements.
This is an essential guide to the new competition law framework in the UK, offering clear critical analysis as well as practical guidance on the full implications of these wide-ranging reforms.