EC and UK competition law and compliance: a practical guide

Book abstract:

The most recent landmark in competition law for those practising in the United Kingdom has been the arrival of the Competition Act 1998 which replicates at the domestic level the EC model of competition law as enshrined in Articles 85(1) and 86 of the Treaty of Rome. The book is aimed at the non-specialist commercial lawyer faced with the need to understand the essentials of both United Kingdom and EC competition law in such a way that the similarities and differences between the two systems are readily discernible. The core provisions, considered in the early chapters of the book are presented so as to highlight these similarities and differences in the context of the different aims of United Kingdom and EC law. The book is intended to span those aspects of competition law that are ordinarily of relevance to the practitioner, not merely those introduced by the Competition Act 1998. A strong emphasis has been placed on intellectual property agreements and the exploitation of intellectual property rights given the increased of intellectual property. Also, commentary on the Fair Trading Act 1973 has been included to reflect those changes. The book therefore covers both United Kingdom and EC law, not merely the most recent reforms.

Although aimed at practitioners, this book is also intended to be used by students, in particular for those who need to grasp quickly the essential elements of the rules and the means available to national and EC competition authorities to enforce them.

Each chapter in the book deals with a particular aspect of the rules, describing the relevant legislative provisions and citing appropriate case-law. A comprehensive volume, the topics covered include: infringement by co-ordination; infringement by abuse; definition of relevant market and assessment of market share; transitional provisions of the Competition Act 1998; notification, exemption and guidance; agreements eligible for automatic block exemption; agreements commonly eligible for exemption; intellectual property agreements; UK monopoly and merger control; EC merger control; UK and EC investigation and enforcement; and compliance programmes.

Paul Taylor is a partner with Hewitson, Becke & Shaw, Cambridge. He has been advising on competition law for over 15 years and frequently lectures on the subject.