Sustainability of the Chapter I prohibition : the changes necessary for it to survive the impact of defective design and implementation, decentralisation and the www factor

Abstract

The thesis identifies and tests the objectives for the new domestic control of anti-competitive agreements, that is the Chapter I Prohibition, and considers whether the Prohibition can survive the developments since the Competition Act 1998 received Royal Assent, namely European reform and technological advancement.

The objectives of prohibition, competition based assessment, flexibility, deterrence, effective investigation, transparency, urgency and a less burdensome regime are developed from the notion of competition, the Restrictive Trade Practices Act cases, the consultations for reform and the wealth of literature that that piece of legislation generated. The basis for gathering evidence to determine whether the Chapter I Prohibition can be sustained has been all information that has been put into the public domain, without recourse to questioning of the OFT or related bodies since transparency is one of the key objectives.

Examining the design of the Prohibition against the objectives identified failings in the new law. These failings are analysed against the results of the first eighteen months of the Prohibition being in force, the implications of European reform and the impact of the Internet, to determine whether the Prohibition can be sustained. Together with the implications and problems raised by the further legislatory reform announced by the Government in July 2001, the work advocates the changes that should be made to ensure that the fruits of domestic reform will not be lost.

More information

Identifiers

Catalogue record

Export record

ASCII CitationAtomBibTeXData Cite XMLDublin CoreDublin CoreEP3 XMLEndNoteHTML CitationHTML CitationHTML ListJSONMETSMODSMPEG-21 DIDLOpenURL ContextObjectOpenURL ContextObject in SpanRDF+N-TriplesRDF+N3RDF+XMLRIOXX2 XMLReferReference ManagerSimple Metadata