Welcome to ‘Who’s Competing’ …

‘Who’s Competing?’ is a Competition Law & EU Law Blog maintained by Angus MacCulloch of Lancaster University Law School created to support and inform my competition law research and teaching. Should a legal development strike me as interesting or important I’ll use this blog to explain what’s going on.

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COMP LAW: The EU competition lawyers’ toolkit

COMP LAW

There is a new Competition Law app for the iPhone and iPad – COMP LAW: The EU competition lawyer’s toolkit. As I was lucky enough to be sent a freebie copy I thought I’d pen a quick review.

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Thought of the Day: Stigma

I’m reading Daniel Sokol’s ‘Policing the Firm’ (2013) 89 Notre Dame LR 785, and I’m finding his discussion of the role of ‘stigma’ in cartel enforcement interesting.

It’s led me to think about compliance programmes. If firms want to be given credit for having an ‘effective’ compliance programme could the CMA/DG Comp insist that within that programme there are real sanctions in discipline, demotion, or dismissal for all officers or employees who were engaged in cartel activity?

Would that make a scheme a more effective part of creating the right corporate compliance culture?

Competition Law in Leisure Markets

Competition Law Scholars Forum

Interested in Sports or Entertainment? Fancy a trip to Madrid in the Autumn? Well the Competition Law Scholars Forum may have an event which is of interest!

The Competition Law Scholars Forum (CLaSF) will be running a workshop on 26th September 2014. The subject of the workshop will be the broad theme of Competition in Leisure Markets. We invite abstract paper proposals from researchers, scholars, practitioners and policy-makers in relation to any issue within this broad theme. We welcome theoretical, economics-driven, practice-based or policy focused papers, and we are interested in receiving abstracts for papers which may be focused on perspectives or experience at national, regional (eg EU), or international levels, or a combination.
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Minimum Alcohol Pricing Paper on SSRN

Malt Whisky

My latest Working Paper, entitled ‘Scottish Minimum Alcohol Pricing & EU Law’, which I will present at Queen’s University Belfast School of Law on the 3rd March 2014, has been published on SSRN.

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Nintendo vs Modchips

Nintendo vs Modchips

In one of my, increasingly frequent, excursions away from competition law into the wider world of EU law I consider the impact of the the Court of Justice’s judgment in Nintendo v PC Box on the legality of videogame console ‘modchips’ under EU and copyright law.

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Call for Papers: CLaSF Workshop on ‘Competition Law and Pricing Mechanisms’

Competition Law Scholars Forum

The Competition Law Scholars Forum (CLaSF) will be running a workshop on 1st May 2014 at the offices of Bird & Bird in London. The subject of the workshop will be the broad theme of Competition Law and Pricing Mechanisms. We invite abstract paper proposals from researchers, scholars, practitioners and policy-makers in relation to any issue within this broad theme.  We welcome theoretical, economics-driven, practice-based or policy focused papers, and we are interested in receiving abstracts for papers which may be focused on perspectives or experience at national, regional (eg EU), or international levels, or a combination.

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Competition Law and Policy in Times of Crisis

Competition Law Review

The latest issue of the Competition Law Review was published in December 2013. It focuses on ‘Competition Law and Policy in Times of Crisis and Economic Change’ with an Editorial by Prof Luís Silva Morais.

http://www.clasf.org/CompLRev/downloads/Vol9Issue2.htm

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Get Out of Jail Free: s 188B(3) of the Enterprise Act 2002

Get Out of Jail Free

What is the impact of the ‘legal advice’ defence to the cartel offence in s 188B(3) of the 2002 Act? Could it make it easy to escape prosecution?

This week I delivered my UG competition law lecture on Cartels. It’s an occasion I always enjoy and gives me an opportunity to approach the topic afresh on an annual basis [the feedback I receive is always extremely helpful too]. This year it was the first time that I had the opportunity to talk through the new defences to the UK cartel offence since the controversial ‘dishonesty’ element was removed by the Enterprise and Regulatory Reform Act 2013. I have described one of the new defences inserted into the Enterprise Act 2002, the ‘legal advice’ defence in s 188B(3), as ‘bizarre’ in the new edition of our textbook, but in this post I want to set out what I perceive the problems to be. I want to develop these ideas into a longer piece, but for now I want to pose some of the questions I think need answering. My fear is that the ‘legal advice’ defence could become a get out of jail free card rendering the UK cartel a dead letter in all but the most extreme cases. Read More…

The Laws of the Game – More on EU Law and DRM

Nintendont

There have been questions surrounding the legality of videogame console ‘modchips’ for many years. We may be about to see some authoritative answers for the first time as a number of cases come before the EU Courts. Two cases, stemming from legal actions instigated by Nintendo in Italy (Case C-355/12) and Germany (Case C-458/13), have been referred to the Court of Justice of the EU for preliminary references. AG Sharpston delivered her Opinion in the first of those cases, Nintendo v PC Box Srl, on 19th September 2013. Read More…

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