While the issuing of loans to companies is a core functionality of modern banking, the size, or risk, of a request can exceed the limits, or appetite, of a single bank giving ground for syndication where the funding comes from a collegium of lenders. This not only provides better risk...

In this paper, we will analyse further the issue of concurrence between competition and sector rules and the relation between parallel concepts within the two different legal frameworks. We will firstly examine Third Party Access in relation to essential facilities doctrine and refusal of access...

This article analyses the reasons why eBay's April 2008 attempt to force its Members to only use PayPal for their auction transactions failed to gain approval from the Australian Competition and Consumer Commission. It describes and analyzes the complex interplay between eBay's marketplace,...

It is a well-established principle of EU competition law that parent companies can be fined for antitrust infringements by their subsidiaries. Under the new EU Directive on Antitrust Damages Actions, parent company liability is likely to be extended to private antitrust suits. In the United...

This paper compares and contrasts the processes used by the European, United Kingdom and Scottish parliaments in considering broadband policies, legislation, regulatory systems and outcomes, within a complex triple-tiered governance system. Broadband is of increasing importance due to the...

The UK Office of Fair Trading (OFT) has been a highly rated competition law enforcer. Yet its antitrust performance activities fall far short of this image. Here a critical assessment is made of the OFT's antitrust enforcement activities, and the claim that there is quantitative survey evidence...

Despite the adoption of the European Damages Directive and its transposition to national legal systems, a number of obstacles to antitrust damages actions in the EU still persist. Such obstacles stem from both substantial and procedural aspects. Information and data available to plaintiffs and...

In this article we chart the development of competition and deregulation of the British retail energy markets, explaining the evolution of competitive constraints when consumers are introduced to supplier choice for the first time. In the context of rising real energy prices for consumers, and...

In a referendum on 23rd June 2016, the United Kingdom (UK) voted for ‘Brexit’, i.e., to leave the European Union (EU). After some delay the government will invoke Article 50 TEU, which would begin a two-year period of negotiation for a withdrawal agreement, after which the EU treaties would...

While the digital revolution has brought massive benefits for consumers and the society at large, the digital economy has seen the rise of a handful of technology firms wielding unprecedented market power. Most jurisdictions have tried to respond to this challenge by having recourse to antitrust...