uk legal stuff + sector regulator + market review under sector powers + ex ante controls and rules + concurrent powers + market study EA 2002 + market investigation reference (MIR) to CMA + CA98 enforcement + CMA powers + Merger control + Market investigation + Cartel prosecution + enterprise and regulatory reform act 2013 affects concurrency + sectors with own legislation + CAA + FCA + Ofgem + Ofcom + ORR + PSR + NI + Ofwat
UK Ofcom Communications Act 2003 Postal Services Act 2011 Ofgem Gas Act 1986 Electricity Act 1989 Ofwat Water Industry Act 1991 ORR Railways Act 1993 Railways and Transport Safety Act 2003 NIAUR Electricity (Northern Ireland) Order 1992 Gas (Northern Ireland) Order 1996 CMA PSR Financial Services (Banking Reform) Act 2013 FCA Financial Services and Markets Act 2000 CAT NHS England Health and Social Care Act 2012
EA 2002 set up OFT and CAT
allows market investigations
sets up phase 1 and phase 2 merger investigations does a merger result in substantial lessening of competition
have concurrent powers with sector regulators CA98 chapter 1 prohibits agreements by effect or object
chapter 2 prohibits abuse of dominance have concurrent powers with sector regulators EU Digital Markets Act 2022 Artificial Intelligence Act 2024
MIFID 2 including fca reporting requirements
Article 26 of MiFIR? European Market Infrastructure Regulation (EMIR) also requires FCA reporting? FCA FCA handbook SUP Contains rules on product sales data reporting
Payment systems directive/regulations and equiv UK onboarding UK onboarding of legislation more generally
restrictions by object, by effect for competition
immunity for whistleblowing
early settlement
rules against price increases.
fair pricing, excessive pricing
CBA ex ante analysis? ex post analysis? theories of harm
anti trust stuff brought by allies at end of ww2. to break up political power.
european coal and steel community (ECC) prevents barriers and discriminatory access
article 65 bans agreements and concerted practices which directly or indirectly which prevent, restrict, distory competition + basis of article 81 of rome, 101 of lisbon
article 66(7) on abuse of dominance + basis of 82 of trome, 102 of lisbon
high authority is governing body
66 on mergers, had to be approved by high authority
aka treaty establishing the european economic community created the eurpean economic community
mergers not in scope article 81 on practices, went on to be 101 article 82 on dominance went on to be 102
amends rome?
aka treaty on the functing of the european union (TFEU) amends maastricht includes 101 (prev 81) + for cartels includes 102? + for market dominance
Competition Act 1998 (CA98) Can investigate and enforce breach of this.
Financial Services and Markets Act 2000 (FSMA) Can investigate a regulated market to see if competition is working well? Can carry out market study Can make Market Investigation Reference (MIR) to CMA. Concurrent with CMA
Enterprise Act 2002 Act investigate a market? Broader option of markets than FSMA