Vertical restraints, the single market imperative and UK competition policy after Brexit

2019 ◽  
Vol 18 (3) ◽  
pp. 122-129
Author(s):  
Patrick F. Todd
Keyword(s):  
Competition Policy ◽  
Market Integration ◽  
Case Law ◽  
Single Market ◽  
Vertical Restraints ◽  
The European Union ◽  
The United Kingdom ◽  
The Law ◽  
The Uk

After Brexit, the United Kingdom is unlikely to continue pursuing integration with other Member States of the European Union, including through competition policy. As a result, the time is ripe to reconsider the role of the single market imperative in competition law, in particular in relation to vertical restraints where the goal of market integration plays a pivotal role. This article shows that recent European vertical restraints decisions and case law, in particular concerning territorial and online restraints, have been motivated in whole or in part by the single market imperative (SMI). It then examines how the law in the UK might follow a different path post-Brexit, taking the Ping case as an example. However, a similar change is not likely to be forthcoming in relation to the law governing pricing restraints, which are not obviously linked to the SMI and which have been the subject of much enforcement in the UK both before and during the UK's membership of the EU.

Product Liability

2020 ◽  
Author(s):  
Fairgrieve Duncan ◽  
Richard Goldberg
Keyword(s):  
Strict Liability ◽  
Product Liability ◽  
Case Law ◽  
The European Union ◽  
Financial Loss ◽  
Liability Law ◽  
The Usa ◽  
The Law ◽  
The Uk ◽  
The Impact

Product Liability is a recognised authority in the field and covers the product liability laws through which manufacturers, retailers, and others may be held liable to compensate persons who are injured, or who incur financial loss, when the products which they manufacture or sell are defective or not fit for their purpose. Product defects may originate in the production process, be one of design, or be grounded in a failure to issue an adequate warning or directions for safe use and practitioners advising business clients or claimants will find this book provides all the necessary information for practitioners to manage a product liability claim. This new edition has been fully updated to take account of 10 years of development in case law and regulation, and the increasing impact of cross-border and transnational sale of goods. The Court of Justice of the European Union handed down major rulings concerning the Product Liability Directive which affect the application of the Directive and national arrangements and Fairgrieve and Goldberg examines this in detail. For any legal practitioner operating in areas which require knowledge of European product liability law, an understanding of the impact of recent developments is essential and this work is an essential resource for practitioners working on product liability, sale of goods, personal injury and negligence. The work provides comprehensive coverage of the law of negligence as it applies to product liability, of the strict liability provisions of the Consumer Protection Act 1987, and of the EU's Product Liability Directive on which the Act is based. Although the majority of cases involve pharmaceuticals and medical devices, in recent English cases the allegedly defective products have been as diverse as a child's buggy, an All Terrain Vehicle, and even a coffee cup. Many cases are brought as group actions, and the book examines the rights of those who are injured by defective products. As well as considering the perspective of the law as it has developed in the UK, this edition contains detailed discussion of case law from other jurisdictions including the USA, Australia, New Zealand, Canada, France and Germany. The coverage in the work is complemented by a full analysis of issues which arise in transnational litigation involving problems of jurisdiction and the choice of laws.

14. Key elements of the patent system

2020 ◽  
pp. 230-245
Author(s):  
Ian J. Lloyd
Keyword(s):  
Patent Protection ◽  
World Trade Organisation ◽  
Patent System ◽  
The European Union ◽  
The United Kingdom ◽  
System P ◽  
To Come ◽  
The Uk ◽  
Near Future

This chapter considers the nature and manner of operation of the patent system. Patents date back to around the 14th century. For the United Kingdom they began as a means to encourage the importation of foreign skills and technology, fell into disrepute as they were used by monarchs to confer monopolies in respect of the sale of well-known objects such as playing cards and eventually from the late seventeenth century settled into their present role of granting temporary monopolies to those who make inventions. The chapter examines the criteria that will be applied in determining whether an invention is eligible for patent protection and the procedures that will required to be followed in order to obtain this. Unlike copyright which applies effectively on a global basis, the patent system has operated on a national basis. A UK patent will be valid and enforceable in the UK but nowhere else. There are international agreements, however, designed to simplify the task of obtaining protection in a range of countries and the operation of these will be considered as well as the treatment of intellectual property within the General Agreement on Trade in Services and the World Trade Organisation. Within the European Union, the possible introduction of a unitary patent has been the subject of discussion for many years and appears likely to come to fruition in the near future although the involvement of the UK post Brexit is uncertain.

18. The Single Market

2016 ◽  
Author(s):  
Michelle Egan
Keyword(s):  
International Relations ◽  
Comparative Politics ◽  
Market Integration ◽  
Historical Perspective ◽  
Market Access ◽  
Single Market ◽  
The European Union ◽  
Regulatory Strategies ◽  
Shed Light

This chapter focuses on the evolution of the single market project, from its original conception in the 1950s, beginning with the Rome Treaty and ending with the Single Market Act I and II. It first considers market integration in historical perspective before discussing the role of the Court of Justice of the European Union (CJEU) in promoting market access, the balance between different economic ideals, and the regulatory strategies used to foster market integration. It then analyses the importance of the single market in promoting competitiveness and growth, along with the politics of neoliberalism and the ‘1992 Programme’. It also explores the politics of regulated capitalism and whether the single market contributes to globalization. It concludes by explaining how both traditional international relations theories of integration and newer approaches in comparative politics and international relations can be used to shed light on the governance of the single market.

The politics of margin squeeze in telecommunications: diverging paths of the US and EU

Info ◽  
2015 ◽  
Vol 17 (2) ◽  
pp. 1-15 ◽  
Author(s):  
Fuat Oğuz
Keyword(s):  
Competition Policy ◽  
Design Methodology ◽  
Case Law ◽  
Extensive Literature ◽  
The European Union ◽  
Content Type ◽  
Socialist Calculation Debate ◽  
The Us ◽  
The Usa

Purpose – This paper aims to study the historical origins of margin squeeze cases in the USA and Europe. Design/methodology/approach – The author compares and contrasts major margin squeeze investigations in the USA and the European Union (EU) in terms of the role of efficiency and fairness and shows their roots in the socialist calculation debate of the 1940s. Findings – It was found that the USA and EU diverge in their approaches towards margin squeeze claims. While the USA case law focuses more on efficiency, the European Commission makes decisions based more on fairness and “protection of rivals”. This shows that political and ideological preferences influence legal decision-making. Research limitations/implications – The paper is limited to major cases in telecommunications. It leaves aside cases in other areas. Thus, the author cautions that the generalization of the findings of the paper to all margin squeeze cases, or competition policy in general, may be difficult. Originality/value – While there is extensive literature on margin squeeze cases in the USA and EU, there is little work on the historical and ideological connections. The paper contributes to the literature by drawing attention to political influences over technical decisions.

2. The European Union and United Kingdom competition regimes

2019 ◽  
pp. 27-56
Author(s):  
Sandra Marco Colino
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Market Integration ◽  
Competition Law ◽  
The European Union ◽  
The United Kingdom ◽  
Competition Laws ◽  
Eu Competition Policy ◽  
The Uk ◽  
Substantive Law

This chapter discusses competition law in the European Union and United Kingdom. ‘Undertakings’ are the sole subjects of the substantive law relating to agreements and the abuse of dominant positions. This is the word used in the Treaty on the Functioning of the European Union (TFEU) and in EU secondary legislation, and has been adopted in the UK Competition Act 1998 (CA). Market integration has been highly influential in the shaping of EU competition policy. UK competition laws are not governed by similar concerns. The role of the European Commission in competition law is fundamental, and the European Courts have contributed to clarifying the interpretation of competition law provisions. In the United Kingdom, the Competition and Markets Authority (and the sectoral regulators) and the Competition Appeals Tribunal are the principal enforcers.

scholarly journals Evaluating the Labour Market Integration of New Immigrants in the UK

2017 ◽  
Vol 16 (4) ◽  
pp. 645-658 ◽  
Author(s):  
Tommaso Frattini
Keyword(s):  
Labour Market ◽  
Market Integration ◽  
Labour Force ◽  
Labour Force Survey ◽  
The European Union ◽  
Labour Market Integration ◽  
The United Kingdom ◽  
New Immigrants ◽  
Education Levels ◽  
The Uk

This article analyses the labour market integration of newly arrived immigrants in the UK labour market, based on data from the UK Labour Force Survey. We focus on immigrants who arrived in the United Kingdom since 2000 and distinguish different cohorts based on the year of their arrival in the country. We examine the extent to which these new arrivals were able to enter work and move up into skilled jobs, and analyse the sectors of the economy that have proved most amenable to this progression. The analysis indicates that these new arrivals fared relatively well in the workforce. In part as a result of their relative youth and high education levels, many new arrivals (especially those from the European Union and in particular the EU10 countries) moved straight into work.

The International Tribunal for the Law of the Sea: A Forum for the Development of Principles of International Environmental Law?

2004 ◽  
Vol 19 (4) ◽  
pp. 515-536 ◽  
Author(s):  
Gwenaele Rashbrooke
Keyword(s):  
New Zealand ◽  
Land Reclamation ◽  
Environmental Law ◽  
Case Law ◽  
Law Of The Sea ◽  
International Tribunal ◽  
International Environmental Law ◽  
The Law ◽  
The Uk

AbstractThis article examines the role of the ITLOS established by the 1982 Law of the Sea Convention. It considers the extent to which principles of international environmental law are reflected in the 1982 Convention. It then reviews the relevant jurisprudence of the tribunal including the Southern Blue-fin Tuna case between Japan and Australia and New Zealand, the MOX case between Ireland and the UK, and the Land Reclamation case between Malaysia and Singapore to determine the extent that the ITLOS case-law has indeed contributed to the development of certain key principles of international environmental law, including Stockholm Principle 21/Rio Principle 2, the principle of preventative action, cooperation and precaution.

European Markets and National Regulation: Conflict and Cooperation in British Competition Policy

2004 ◽  
Vol 24 (1) ◽  
pp. 49-73 ◽  
Author(s):  
NIKOLAOS ZAHARIADIS
Keyword(s):  
Competition Policy ◽  
Domestic Politics ◽  
Empirical Support ◽  
Regulatory Competition ◽  
The European Union ◽  
National Regulation ◽  
The United Kingdom ◽  
Regulatory Cooperation ◽  
Produce Change ◽  
The Uk

The aim of this article is to examine the politics of competition policy in the United Kingdom by taking into account regulatory cooperation at the European Union level. Adopting a multiple streams approach, the article follows a bottom-up approach placing domestic politics at the heart of the puzzle. The analysis leads to four conclusions. First, pace-setters, such as the UK, may not be interested in playing one dimension of the regulatory competition game, that is, trying to influence the development of EU policy. Second, incongruence between domestic and EU regimes does not necessarily produce change at the domestic level. Convergence is not a top-down process. Third, the activating stimulus for change may be external (the EU), but the process is basially of domestic politics. Fourth, to the extent that the removal of political discretion characterizes a more transparent and strictly enforced regime, British competition policy provides empirical support for the hypothesis that the interaction of regulatory competition prior to regulatory cooperation leads to convergence to the top.

scholarly journals THE LAW "ON CONSUMER RIGHTS" THE UK: RIGHTS, DUTIES, RESPONSIBILITY

2018 ◽  
Vol 22 (3) ◽  
pp. 137-144
Author(s):  
A. N. Surkov ◽  
S. V. Melnik ◽  
E. V. Chernykh
Keyword(s):  
European Union ◽  
Consumer Protection ◽  
The European Union ◽  
Rights Protection ◽  
The United Kingdom ◽  
Consumer Rights ◽  
New Type ◽  
Legal Space ◽  
The Law ◽  
The Uk

In this article, one of the most urgent topics of the development of legislation on consumer rights protection in the UK is being considered. UK legislation on the protection of consumer rights, especially in connection with the forthcoming withdrawal of Britain from the European Union has a number of features. The law "On the Rights of Consumers", adopted in 2015, made it possible to analyze and highlight a number of features in the field of consumer protection in the UK, namely, the allocation of absolutely new standards applicable to the new type of services-digital content. By researching this topic, the author shows the emerging contradictions between the legislation of the European Union and the United Kingdom in the field of consumer protection, where the UK, against the backdrop of Brexit, analyzing the new Directives adopted by the European Union to retain a single legal space tends to unify the norms of the law "On the Rights of Consumers".

scholarly journals Company Directors’ Duties and Conflicts of Interest

2019 ◽  
Author(s):  
Rosemary Teele Langford
Keyword(s):  
Conflicts Of Interest ◽  
Careful Analysis ◽  
Case Law ◽  
Company Law ◽  
General Law ◽  
Company Directors ◽  
The Law ◽  
The Uk ◽  
Statutory Regulation

This book contains the most detailed multi-jurisdictional analysis of directors’ conflicts available drawing together relevant case law, codes and statutory regulation from the law applying to directors of companies incorporated under the UK Companies Acts, with extensive reference to the law in Australia, Canada, Hong Kong and New Zealand. The book provides comprehensive analysis of the conflicts faced by directors and includes the important areas of conflicts of interest, conflicts of duties, unauthorised profits, corporate opportunities, multiple directorships, nominee directorships, and conflicts involving stakeholders’ interests. Difficult aspects of these topics are analysed with reference to the laws of a range of common law jurisdictions. The extensive multi-jurisdictional analysis allows solutions to be presented in relation to difficult legal issues and enables clarification of the legal approach. In addition to detailed coverage and analysis of general law duties, the specific statutory duties are outlined and analysed including those concerning related party transactions. The UK Corporate Governance Code, and Guidance on Board Effectiveness, issued by the FRC in July 2018 are covered extensively. The book provides detail on fiduciary theory, the reach of the term ‘director’, consequences of a breach, remedies, authorisation and the role of disclosure. It also contains a detailed table of key cases concerning corporate opportunities which includes the pertinent facts, whether there was a breach of directors’ duties, and a summary of the important factors in the decision made. The cases are featured in order from instances representing clear breach to those in which no breach was found. The book is significant in its thorough coverage of general law and statutory duties relating to conflicts, and its clarification of the scope and application of currently complex and uncertain duties. It provides clear guidance to academics, practitioners, directors and regulators in each of the jurisdictions on the regulation of conflicts of interest and the implementation of good regulatory practice. This is a key reference work on this important and dynamic area of company law which provides careful analysis of the law set in a practical context.

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