This text provides vital and practical guidance to the 1998 Competition Act, with particular emphasis on how it will affect businesses. Topics include: the effect of the new act on existing commercial agreements and new agreements; the interaction of Articles 85 and 86 of EU law; investigation and enforcement procedure; action in the UK courts; and compliance.
Although relatively young in terms of its lifespan as a regulator, the Competition Commission of India (established by the Competition Act of 2002 but came into existence in 2009) has been extremely assertive in its enforcement outlook, and competition law in India continues to grow in importance as inward investment increases. This comprehensive, practical guide outlines the highly distinctive manner in which competition law is interpreted in this major global market. Highlighting differences from EU practice, the author – a leading Indian competition law practitioner – describes elements of practice and procedures in Indian competition law encompassing the following: • the dual regulatory-judicial nature of the Competition Commission; • investigatory powers of the Commission's Director General; • mandated business conduct policies (e.g., active risk management procedures); • availability of sanctions, remedies, and private actions; • cartels and leniency programmes; • extraterritorial application of the Competition Commission; • merger review; • pricing and non-pricing abuse; • international coordination; • appeal process; • fines – companies, directors and officers; • fines for non-cooperation or furnishing false information; and • liability of state-owned enterprises. Analysis of numerous leading cases decided by the Indian competition authorities enhances the book's practical value. This comprehensive guide provides an incomparable overview of practice in a key jurisdiction that is poised to become increasingly important in the international recognition and enforcement of competition law. As a guide to the 'landscape' of competition law in India, it has no peers. The book will be of inestimable value to professionals in this area of legal practice, whether in law firms, corporations, academia, government or the judiciary, as well as to investors, economists and business executives.
The Competition Act 1998: A Practical Guide represents the most significant reform of UKcompetition legislation for 20 years. It brings the UK into line with the EC competition regime and offers a strong deterrent to anti-competitive behaviour. Companies will face tougher financial sanctions whilst The Office of Fair Trading will have wide powers of forcible entry and search in pursuit of its investigations.The Competition Act 1998: A Practical Guide, written by two acknowledged experts in this field, provides authoritative guidance on how the Act will affect existing commercial agreements, how the transitional arrangements will work, how regulatory authorities are likely to interpret the new legislation and explains its relationship with EC law.Includes the full text of The Competition Act 1998.
This book offers an excellent combination for the competition policy practitioner: clear guidelines that are based on wide experience in the practice of competition policy, but always well-grounded in solid academic scholarship and theorectical training.
This is a readable, single-volume work spanning EC and UK competition law for non-competition law specialists. Its commentary highlights and explains principles of competition law in such a way that both the similarities and the differences across EC and UK law can be easily seen. Illustrated by examples and recent developments, it will provide practical help and guidance to coach practitioners on certain essential tasks. It also takes on board the recent significant changes in EC law (such as EC merger control, fining guidelines, the leniency notice, definition of relevant market and notice of minor agreements) and UK law. - Combines a summary of new national law with a comprehensive digest of European case law and other materials - Includes practical questionnaire for clients with cross-references to essential parts of the work.
