Category: Competition Law

It has been eight years since we reviewed the fifth edition of what was (at that stage) Professor Whish’s Competition Law.  Since that review, there have somewhat surprisingly been only two new editions (this is the seventh edition; coming four years after the sixth) of this popular textbook on competition law.  Competition Law also welcomes David Bailey as co-author.  This latest edition has been thoroughly revised to take into account the significant amount of case law, legislative developments and (importantly) the Commission’s Guidance on its enforcement principles in applying Article 102.  These revisions are impressively interwoven into this well-established and highly respected textbook on competition law while, at the same time, being an impressively clear account of the law in the UK, the EU and internationally.

Competition Law is split into twenty-three chapters: competition policy and economics; overview of EU and UK competition law; article 101(1); article 101(3); article 102; the obligations of Member States under the EU competition rules; articles 101 and 102: public enforcement by the European Commission and national competition authorities under Regulation 1/2003; articles 101 and 102: private enforcement in the courts of Member States; competition Act 1998 – substantive provisions; Competition Act 1998 and the cartel offence: public enforcement and procedure; Enterprise Act 2002: market studies and market investigations; the international dimension of competition law; horizontal agreements (1) – cartels; horizontal agreements (2) – oligopoly, tacit collusion, and collective dominance; horizontal agreements (3) – cooperation agreements; vertical agreements; abuse of dominance (1): non-pricing practices; abuse of dominance (2): pricing practices; the relationship between intellectual property rights and competition law; mergers (1) – introduction; mergers (2) – EU law; mergers (3) – UK law; and particular sectors.

Competition Law continues to provide a highly comprehensive review of both UK and European competition law.  It expertly analyses the way in which competition law affects particular commercial phenomena.  It also describes the economic context in which competition law operates.  These features, which are key to the text’s success, ensure that Competition Law is invaluable to both law and economics students as well as practitioners and officials involved in competition law matters and our relationship with the European Union.  Like many texts published by OUP, it also comes with an Online Resource Centre (“ORC”).  By the time of this review, there are (unsurprisingly) no updates but it is hoped that some will follow shortly.

For many readers, Whish and Bailey’s Competition Law will continue to be both illuminating and motivating to students, practitioners and law makers.  It crucially and importantly reveals some of the intricacies behind the mysteries and misnomers that once shrouded this ever increase and important area of law.  What the authors have captured and conveyed over the years, and continue to capture and convey with this latest edition, is the essence of competition law.  This makes Competition Law an accessible and invaluable text.  If the ORC is regularly updated, it will no doubt continue to be a favourite for many years to come.

Reviewed on 28 December 2012

EC Competition Law: Text, Cases and Materials has often had mixed reviews with some arguing it is too long and unbalanced whilst others argue it is one of the finest accounts of EC competition law.  To my mind, EC Competition Law: Text, Cases and Materials largely falls into this latter category.

Readers looking for a brief account of competition law and the important cases and materials should look elsewhere.  The mammoth EC Competition Law: Text, Cases and Materials spans an incredible 1,402 pages.  It is broken down into sixteen chapters including important issues like articles 81, 82 and 86, intellectual property issues, mergers and enforcement of competition law rights.  Like many other texts published by OUP, it also includes an online resource centre (‘ORC’) which, by the time of this review, includes an additional chapter of state aid, appendix material, web-links and two thorough updates to the text.

EC Competition Law: Text, Cases and Materials is largely well-written and expertly selects both relevant and important cases and materials.  Its text approach also means those cases and materials are explained in some detail and often extracts include an excellent summary and thoughts for further discussion.  Whilst the depth of the text is impressive, it is also one of its most frustrating features: readers wanting to consider all of the issues raised in Article 81 need to read a substantial part of the text.  It may be helpful for summaries to be included or (perhaps on the ORC) an abridged version of essential reading although the ‘central issues’ at the start of each chapter largely mitigates this issue.  If, however, the reader takes the time to consider all of the material, they will be superbly armed to consider any issue arising out of a particular topic.

For those wishing to fully understand the often confusing but interesting topic of competition law, EC Competition Law: Text, Cases and Materials is an excellent text.  It is expertly written and well-balanced between text, cases and materials.  Whilst its size may be an issue for many readers, those wishing to invest the time in reading this text will no doubt be rewarded.  With a few minor tweaks (none of which are fundamental), EC Competition Law: Text, Cases and Materials could quickly gain an even wider appreciation than it already has.

Reviewed on 29 April 2009

The recent changes in European Law led to the introduction of the Competition Act 1998, which came in to force in 2000, and this has meant that competition law has become increasingly important for both small and large business concerns.

This text is superbly balanced, with an excellent use of case reports, Commission papers and legislation.  The extracts are included at particularly pertinent points to explain what can, at times, be complicated and dry areas of law.  These examples, such as the investigation of whether there was a monopoly in the brewing industry, enable the important points to stick in the reader’s mind.

Another excellent inclusion is the ‘notes’ sections at the end of extracts.  This explains any developments in the law or how it has been practically applied.  This enables the reader to be fully up to date on the current state of the law.  The authors have also taken in to consideration the Enterprise Act 2002.  These sections of the book demonstrate to the reader how the law will change in the future and is an excellent inclusion in the text.

In conclusion, this is a very welcome text on UK and EU Competition Law.  The materials are extremely accessible and the ‘notes’ and Enterprise Act 2002 sections are superb.  It is a text of use to both students and practitioners alike.

Reviewed on 23 November 2003