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Dated November 2004
This book is a fully up-to-date, comprehensive guide to the law, economics and practice of UK merger control law. This guide presents an integrated legal and economic assessment of the substantive appraisal of mergers and examines in detail the following topics: the history of the Enterprise Act and its development from the Fair Trading Act; the various regulatory bodies that form the institutional structure of the UK merger control regime; enterprises subject to merger control regulation and the jurisdictional thresholds of the Enterprise Act; the relationship of the Enterprise Act with the European Merger Regulation; public interest mergers and the role of the Secretary of State; and merger remedies. All recent legislative developments including the merger of the OFT and the Competition Commission and the Enterprise and Regulatory Reform Act 2013, as well as all relevant case since the first edition of the magisterial text are explored.
This NAO report (HC 1047, session 2007-09), examines rail franchises and the impact they have had on franchises competition; the taxpayer; the passenger and the approach to managing rail franchises in general. Passenger rail services are provided by train operating companies under franchise agreements which generally run 7-10 years. Whilst responsibility for the operation and condition of the track rests with Network Rail, the Department of Transport has ultimate responsibility where it affects passengers and has taken oversight responsibility for passenger rail franchising following the abolition of the Strategic Rail Authority in 2005. The National Audit Office has set out the following recommendations in respect of rail franchises, including: on letting franchises, regional decision making bodies, should have greater involvement; where bids for rail franchises occur, alternative options should be taken into consideration, such as value for money and affordability; that there should be transparency on financial support for franchises with information on how fares cover the overall costs of passenger rail services and the extent of Government support; that there should also be greater transparency on service quality standards; the Government, when negotiating extra passenger capacity, needs to adjust the contract revenue target where appropriate, so that it can better engage in commercial negotiations; also the Department should staff the National Networks Group adequately and not rely unduly on agency staff, given the strategic importance of rail franchising and the potential to reduce direct subsidies.
This book provides an explanation of key underlying economic principles, enabling the reader to better understand the critical factors that structure and guide transport markets.
This publication sets out the Government's response to the Committee's report (HC 574, session 2005-06 (ISBN 0215027590) on the eighth annual report by the Foreign and Commonwealth Office ('Human Rights Annual Report 2005', Cm. 6606, ISBN 0101660626). Issues discussed in the report include: the international legal framework and the work of international institutions; the war against terrorism and treatment of detainees in Guantanamo Bay, extraordinary rendition and the use of information derived from torture, the situation in Iraq and the trial of Saddam Hussein; the arms trade and military assistance, and corporate social responsibility. Amongst the Government's responses, it disagrees with the concerns the Committee raised over i) the fact that the Minister responsible for human rights issues is also the Minister of State for Trade, roles that the Committee found to be often contradictory; and ii) the decision to subsume human rights work into the more general category of sustainable development.
The second edition of this book provides a definitive statement of the law relating to UK merger control following the wide-ranging changes to the merger control system being introduced by the Enterprise Act, during the second half of 2003
This book provides an introductory but thorough guide to EU competition law, covering the underlying economics, and the key substantive areas of anticompetitive agreements (Article 81), abuses of dominance (Article 82), the application to the most common types of commercial agreement, state aids, state measures limiting competition and mergers. It also examines the procedures under which the relevant competition authorities apply the rules, private enforcement of the rules before the courts, and minimising risk by implementing a compliance programme. The emphasis is practical rather than theoretical: the authors are practitioners in the field of competition law and economics, with many years’ individual and collective experience in the area. This will be an essential reference tool for practitioners, academics and students of EU Competition Law.
The Department for Transport took a tough line in negotiating with the owner of the InterCity East Coast franchise, National Express, before terminating the franchise agreement in 2009. The Department avoided disruption to passenger services and protected the taxpayer, securing overall value for money. In awarding the contract to National Express in 2007, the Department had applied lessons learnt from the failure of the previous franchisee, Great North Eastern Railway, and got a good deal. Adequate protections for the taxpayer had been included in the contract if the franchisee got into financial difficulties. The Department did not consider it necessary to stress test bids for deliverability should there be an economic downturn. By January 2009, however, the Department considered that the franchise was at high risk of failure. It refused to renegotiate the terms of the contract and the contract was subsequently terminated. Termination was the best way of protecting the taxpayer. If other franchises, which were seen as at high risk, had sought to renegotiate their contracts, the Department may have had to support them at an estimated cost of £200 million to £450 million. The costs of setting up East Coast, the new publicly owned company to run the franchise, and its eventual return to the private sector are expected to be £15 million. National Express paid the Department of Transport £31 million on the termination of its contract. However, the final cost to the taxpayer will not be clear until the franchise has been re-let in 2012.
For decades now we have been told that we are living through a governance revolution. Gone are the days when government agencies and bureaucrats told us what to do and how to do it. We are no longer clients of the state but empowered citizens who are able to take greater control over our own lives and the activities of those who govern in our name. Across the world the prevailing narrative has become one of Good Governance, devolution, liberation, and freedom of expression. In policy fields as diverse as development planning, healthcare, and public transport a neo-pluralist rhetoric has emerged based on the principles of ’co-production’ and partnership working. And yet at the same time a curious paradox is emerging. Whilst the prevailing zeitgeist is one of openness and citizen empowerment, this book will show that in reality new modes of governance are emerging in which state controls have actually been expanded into many spheres of life that were previously left unregulated. For some a new political economy of ’regulatory capitalism’ has emerged and this, in turn, has ushered in unprecedented forms of state-led privatisation under which democratically-elected politicians have voluntarily handed over their powers, responsibilities, and resources to new corporate elites who promise to deliver services in more efficient and equitable ways. As the discussion will show, in reality the rhetoric of Good Governance has, therefore, been used to legitimate the wholesale transfer of welfare assets and services beyond the democratic control of state actors and the citizens that they represent. Privatisation has become a new utopianism that involves a revolution in ways of thinking about democracy, governance, and urban management, the implications of which will be felt by current and future generations.
It is thirteen years since the Railways Act 1993 started the process of privatising British Rail, replacing it with one company owning and managing the infrastructure, an open-access system for freight services and a series of twenty-five passenger franchises let to private companies for a specified period of time. This period has seen almost continuous change, and there is now a new 'triumvirate' framework with the Department for Transport, the Office of Rail Regulation and Network Rail in place, with the third generation of franchises in the process of being let and the number being reduced to nineteen. The Committee's report examines the current franchising system, focusing on the coherence of its objectives, the effectiveness of the process for awarding franchises and the management of franchise agreements, and whether more competition and vertical integration is needed. Findings include that the current system represents a policy muddle which lacks a coherent framework for the development of good services and delivery of value for money for passengers and taxpayers. The only way the Government can increase capacity and improve services for the long-term is to drop the dogmatic pursuit of competition in its decision-making as to what the private and public sectors can and should do in future. The Government's forthcoming long-term strategy for the railways will need to address these issues, and to set out a structure and a strategy capable of securing quality passenger rail services to meet demand over the next half a century.