Concurrency

2021 ◽  
pp. 255-282
Author(s):  
Niamh Dunne
Keyword(s):  
Competition Law ◽  
Regulatory Reform ◽  
Leadership Role ◽  
Future Prospects ◽  
Ideological Preference ◽  
Competition Rules ◽  
The Uk ◽  
Formal Leadership ◽  
Enforcement Activity ◽  
Do So

In Chapter 10, Niamh Dunne tackles a key and developing enforcement issue which had not been dealt with in either of the preceding collections: ‘Concurrency’. The concurrency regime empowers certain sector regulators in the UK to apply the competition rules in tandem with the Competition and Markets Authority. Reflecting a strong ideological preference for the benefits of competition over more prescriptive forms of regulatory supervision, the regime has, however, struggled to deliver effective enforcement in practice. This chapter discusses the evolution of the concurrency framework with particular emphasis on the enhancements introduced by the Enterprise and Regulatory Reform Act 2013, which sought both to encourage regulators to make greater use of their concurrent powers, and to give the CMA a more formal leadership role in assisting them to do so. Subsequent enforcement activity is discussed, alongside the future prospects of competition law in the regulated sectors.

23. Particular sectors

2021 ◽  
pp. 1019-1055
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Competition Law ◽  
Transport Sector ◽  
Current Debate ◽  
Electronic Communications ◽  
Digital Platforms ◽  
Military Equipment ◽  
Eu Competition Law ◽  
Competition Rules ◽  
The Uk ◽  
The Eu

This chapter deals with four issues. First it will briefly examine three sectors of the economy that are wholly or partly excluded from EU competition law, namely nuclear energy, military equipment and agriculture; the special regime that once existed for coal and steel products under the former European Coal and Steel Community (‘the ECSC’) Treaty is also mentioned in passing. Secondly, it will explain the application of the EU competition rules apply to the transport sector. Thirdly, the chapter will consider the specific circumstances of four so-called ‘regulated industries’, electronic communications, post, energy and water, where a combination of legislation, regulation and competition law seek to promote competition. Last, but by no means least, the current debate concerning digital platforms is discussed where it is likely that ex ante regulatory rules will be introduced, both in the EU and the UK, to address concerns about anti-competitive conduct and a tendency towards the monopolisation of markets.

The UK Competition Regime

2021 ◽  
Keyword(s):  
Critical Reflection ◽  
Competition Law ◽  
Regulatory Reform ◽  
Comprehensive Analysis ◽  
Consumer Rights ◽  
The Uk

The UK competition law regime comprises primarily the Competition Act 1998 and the Enterprise Act 2002, supplemented by provisions introduced by the Enterprise and Regulatory Reform Act 2013 and the Consumer Rights Act 2015. The foundation of the modern framework of UK competition law, the Competition Act 1998, has entered its twentieth year of operation, having come into force on 1 March 2000. Since that particular date, UK competition law has developed significantly through both decisional practice and jurisprudence. It has also undergone a process of modernisation, including both institutional and substantive reform. After the passage of an eventful twenty years of enforcement and reform, it is now an appropriate time to engage in a serious process of critical reflection on the current shape of the UK’s competition regime and whether it is performing well its role of ‘making markets work well for consumers’. With this context in mind, the book examines in a robust and critical manner the first twenty years of the operation of the UK’s competition regime. It focuses on the main substantive and procedural issues and provides a comprehensive analysis of how the UK’s contemporary competition regime has dealt with the challenges posed by these issues. By doing so, the book not only articulates those areas of competition law that are working well in the UK, but also those areas where further reflection, refinement and possible reform are required.

A managerial perspective on consultant psychiatrists

1996 ◽  
Vol 2 (1) ◽  
pp. 11-16 ◽  
Author(s):  
Lionel Joyce ◽  
Rod Perkins
Keyword(s):  
Mental Health ◽  
Leadership Role ◽  
Care Planning ◽  
Health Care Planning ◽  
General Management ◽  
The Past ◽  
The Uk ◽  
Managerial Perspective ◽  
Do So

This paper explores the range of expectations of psychiatrists held by those in general management in the health service.In most Western countries, including the UK, comprehensive mental health services are predominantly funded from State resources. The role of the psychiatrist has changed in the past 20 years and will without doubt change further in the next 20 years. Expectations of psychiatrists have changed and will continue to do so. We take the position that psychiatrists should continue to have the major leadership role in mental health and in so doing must become increasingly responsive to the changes taking place in health care planning and provision.

scholarly journals EU Competition Law Put to the Brexit Test: What Impact Might the Exit of the UK from the Union Have on the Enforcement of the Competition Rules?

2018 ◽  
Vol 11 (17) ◽  
pp. 7-27
Author(s):  
Arianna Andreangeli
Keyword(s):  
European Union ◽  
Future Development ◽  
Competition Law ◽  
The European Union ◽  
Eu Competition Law ◽  
Competition Rules ◽  
The Uk ◽  
The Impact ◽  
Competition Enforcement

This contribution examines some of the consequences of the UK’s exit from the European Union for the enforcement of the competition rules. It reflects on the impact that Brexit is going to have on future transnational antitrust litigation in Britain and Europe. Thereafter it analyses the challenges that Brexit is likely to present for cooperation in public competition enforcement and suggests solutions for future development.

scholarly journals The neglected nexus between competition law and human rights: standard of proof for pecuniary penalties

Legal Studies ◽  
2021 ◽  
pp. 1-19
Author(s):  
Joshua Yeung ◽  
Alex CH Yeung
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
Competition Law ◽  
Standard Of Proof ◽  
Human Rights Treaties ◽  
Criminal Charge ◽  
Public Nuisance ◽  
Competition Rules ◽  
The Uk

Abstract This paper examines the standard of proof applicable in proceedings for imposing pecuniary penalties for violation of competition rules. Australia, New Zealand and the UK have chosen the civil standard. This unfortunately overlooks the safeguards required by the relevant human rights treaties in proceedings that involve the determination of a ‘criminal charge’. Conversely, Hong Kong has adopted the criminal standard, which may prove unworkable in these proceedings in which economic analysis is key. After analysing whether one may set this quagmire aside by asserting that these proceedings do not involve the determination of a criminal charge, it will be argued that the more plausible solution is to accept the criminal charge characterisation, limit the civil standard to the effects-based elements of the charge and apply the criminal standard to other elements. This will achieve a permissible proportionate derogation from the human rights safeguards. Similar bifurcated models have been adopted for charges such as public nuisance and harassment, and have successfully withstood human rights challenges.

scholarly journals Public governance, agility and pandemics: a case study of the UK response to COVID-19

2021 ◽  
pp. 002085232098340
Author(s):  
Paul Joyce
Keyword(s):  
Leadership Role ◽  
Public Confidence ◽  
Strategic Decisions ◽  
Public Governance ◽  
Local Initiative ◽  
Government Response ◽  
Local Resources ◽  
The Government ◽  
The One ◽  
The Uk

The UK government’s leaders initially believed that it was among the best-prepared governments for a pandemic. By June 2020, the outcome of the collision between the government’s initial confidence, on the one hand, and the aggressiveness and virulence of COVID-19, on the other, was evident. The UK had one of the worst COVID-19 mortality rates in the world. This article explores the UK government’s response to COVID-19 from a public administration and governance perspective. Using factual information and statistical data, it considers the government’s preparedness and strategic decisions, the delivery of the government response, and public confidence in the government. Points for practitioners Possible lessons for testing through application include: Use the precautionary principle to set planning assumptions in government strategies to create the possibility of government agility during a pandemic. Use central government’s leadership role to facilitate and enable local initiative and operational responses, as well as to take advantage of local resources and assets. Choose smart government responses that address tensions between the goal of saving lives and other government goals, and beware choices that are unsatisfactory compromises.

Biopesticide Summit – Regulatory Reform of Biopesticides, Virtual Conference, 6th July 2021

2021 ◽  
Vol 32 (4) ◽  
pp. 168-170
Author(s):  
Robin Blake
Keyword(s):  
Market Share ◽  
Regulatory System ◽  
Regulatory Reform ◽  
Non Profit ◽  
The Us ◽  
The Media ◽  
Virtual Conference ◽  
The Uk ◽  
Chemical Pesticides ◽  
The Eu

This virtual event was held as a follow-up to the inaugural Biopesticide Summit and Exhibition at Swansea University in July 2019, and postponed in 2020 due to the Covid-19 pandemic. Sarah Harding, Communication Director at The World BioProtection Forum (WBF) & Biopesticide Summit opened the event with a few brief words of introduction before handing over to Dr Minshad Ansari, Chairman of the WBF.<br/> Dr Ansari was delighted with the more than 150 attendees already logged into the event with over 300 registered. The WBF was created in 2019 as a non-profit organization to bring together industry and academia for innovation. Dr Ansari thanked the event's supporters – AgBio, Agri Life, Bayer, Bionema, Ecolibrium Biologicals, Koppert Biological Systems, Harry Butler Institute and Sri BioAesthetics, as well as the media partners including Outlooks on Pest Management. He reiterated the need for regulatory reform due to removal of chemical pesticides, demands for organic food, limited biopesticide products registered and a lengthy and costly biopesticide registration process (5 years in EU where there are just 60 products available vs. 2.1 years in USA and where over 200 products are already available on market). The US is clearly in a much better place; in Europe, it is too expensive for SMEs and little progress has been made despite the work of the IBMA (International Biocontrol Manufacturers Association) and others. With respect to the biopesticides market share (value) by region, Europe has 27.7% market share (21.3% CAGR) and yet within UK, the CAGR is limited (unlike other European countries) – there are few products available in the market compared to chemical pesticides. The current biopesticide regulation is complex and not fit for purpose (compare 60 vs 200). Industry is facing a serious problem with pest control following the removal of some chemical pesticides, e.g.European cranefly which has caused many problems to the turf industry and has been impacted by the removal of chlorpyrifos. However, Brexit provides opportunities in the UK through government plans to "Build Back Better" by supporting Green Tech. At the EU level, the EU has committed to reducing use of pesticides by 50% (equating to 505 products) by 2030 so there are opportunities here for biopesticides to fill the market.<br/> Dr Ansari finished his introduction by restating the objectives for the meeting: for the speakers to present and debate the need for reform, their visions for a successful regulatory system, and how the WBF is working towards process reform in UK biopesticide regulation.

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