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The Office of Fair Trading (OFT) has improved its operations following recommendations on maintaining competition in markets made by the National Audit Office and Committee of Public Accounts in 2005 and 2006. It now needs to concentrate its efforts on strengthening the skills and experience of its staff at key management grades, and be clearer on how long it expects its investigations will take. The OFT is now directing its work to areas that have the most impact, though this refocus on higher priority cases has led to a perception that the OFT is less interested in smaller markets, with a risk that its deterrent effect will be reduced in these markets. The OFT has taken steps to address this perception, launching investigations into more local markets such as in construction and bus transport. The time taken to process high profile cases has been reduced by introducing better project management and more flexible ways of working, including using bigger teams and temporary legal staff. The OFT has also brought criminal charges in two cartel cases for the first time under the Enterprise Act, one of which to date has resulted in criminal convictions. The OFT recognises that some of its cases are still taking too long. The OFT operates in a competitive labour market and still continues to face challenges in attracting and retaining talented staff. The OFT has provided project management and leadership training to its staff, but it needs to sustain and increase this work in order to continue to recruit and retain staff at key management grades.
The Committee's report examines the work of the Office of Fair Trading (OFT) as part of a programme of short inquiries into the non-departmental public bodies associated with the Department of Business, Enterprise and Regulatory Reform (formerly the DTI). A NAO report (HCP 593, session 2005-06; ISBN 0102936161) published in November 2005 highlighted three key areas of concern about the OFT and its approach to its work, focusing on making best use of its resources; improving the management of investigations; and improving the measurement of its achievements and the communication of its work. The Committee commends the OFT for its positive response to address these concerns, and although it is too soon to make a balanced assessment of the results, they are encouraged by the evidence of progress so far. The report also examines issues relating to staffing constraints, the merger referral threshold, the OFT's role in voluntary industry codes of practice, and the OFT's Consumer Direct telephone service.
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This book offers a commentary on the responses to white collar crime since the financial crisis. The book brings together experts from academia and practice to analyse the legal and policy responses that have been put in place following the 2008 financial crisis. The book looks at a range of topics including: the low priority and resources allocated to fraud; EU regulatory efforts to fight financial crime; protecting whistleblowers in the financial industry; the criminality of the rogue trader; the evolution of financial crime in cryptocurrencies; and the levying of financial penalties against banks and corporations by the US Department of Justice and Securities and Exchange Commission.
A key factor in the emerging relationship between law and economic globalization is how global competition now shapes economies and societies. Competition law is provided by those players that have sufficient 'power' to apply their laws transnationally. This book examines this important and controversial aspect of globalization.
The Council's 47th annual report
In 2004, the Government announced 110 Public Service Agreement (PSA) targets for 17 Departments covering the period 2005-08. PSA targets express the priority outcomes that Departments are seeking to achieve nationally and internationally, and cover key aspects of the Government's social, economic and environmental policy. Large sums of public money are devoted to the programmes designed to deliver them. This NAO report summarises the results of its examination of the data systems used by twelve government departments to monitor and report progress against their 2005-08 PSA targets, covering a total of 237 data systems. Overall Departments have successfully taken steps to improve the quality of their data systems. There are still improvements that can be made to increase the relevance and reliability of data used in the reporting process. The NAO makes a number of recommendations on specification of data systems, their operation, and the reporting of data. A companion volume (HCP 22-I, ISBN 9780102951615) is available separately which contains the NAO's summarised findings.
Abandoned housing projects is one the major problems in housing industry in Peninsular Malaysia. The reasons leading to this problem are many. This catastrophe has caused multifarious problems to the stakeholders, particularly the purchasers who become the aggrieved parties. To date, there is no effective and once-and-for-all means to face the problems of abandoned housing projects. One of the factors which causes abandonment of housing projects in Peninsular Malaysia, is the lack of political will on part of the government to adopt an affirmative better housing delivery system such as the ‘full build then sell system’ and the introduction of a housing development insurance to face the problems of housing abandonment. This book provides in-depth analyses of the terms and conditions of the statutory standard sale and purchase agreements as enshrined in Schedules G, H, I and J of the Housing Development (Control and Licensing) Regulations 1989. The objective of this book, among others, is to identify the weaknesses of the terms of the agreements, if any, which may have contributed to the problem of abandoned housing projects and their consequential troubles. As comparative analyses, the terms and conditions of the sale and purchase agreements as applicable and enforced in the Republic of Singapore and New South Wales, Australia, are chosen. The purpose of these comparative analyses is to find the terms and conditions in these foreign jurisdictions’ agreements which can be learned and adopted in the statutory standard sale and purchase agreements (Schedules G, H, I and J). It is also for the betterment of the Malaysian housing industry as a whole, and to protect the interests of the stakeholders, in particular the purchasers as against the problems of housing abandonment and its consequences.
This text introduces the reader to the principles and practice of merger control in the EC and the UK. It deals clearly with both of the new regimes, providing a discussion of the policy and the relevant legislation, clarified through an analysis of pertinent cases and decisions. The aim is to provide the non-expert reader with a thorough and accessible introduction to the subject. The book deals first with matters common to both regimes, including relevant economics, and then focuses on the EC and UK systems as separate entities. In each case the text covers qualifying mergers, including principles of territorial jurisdiction, substantive tests, procedures, appeals, and third party rights, as well as the link between the UK and EC regimes. The book is up to date to 31 July 2006. Substantial appendices provide most of the relevant core legislation in one convenient place.