La régulation de la concurrence au Royaume-Uni - de la flexibilité administrative à la juridification
By: MORRIS, Ben
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ArticlePublisher: Paris : ENA, 2005Revue Française D'Administration Publique 114, p. 309-322Abstract: Although the Office of Fair Trading (OFT), the main institution in charge of competition regulation, has remained the same, in the past ten years the United Kingdom has known two completely different, if not opposed types of regulation. Before 1998, competition was subjected to the same kind of regulation as that which existed in other areas : informal, non-legal, relying mainly on negotiation and persuasion and using the threat of prosecution as a negotiating argument. However, since 1998, the introduction of Community law into the UK system has radically changed the mode of competition regulation. It has become much less flexible and is now characterised by considerable juridification : law plays a central role in regulation, providing a formal framework in which law suits and appeals are common procedures
Although the Office of Fair Trading (OFT), the main institution in charge of competition regulation, has remained the same, in the past ten years the United Kingdom has known two completely different, if not opposed types of regulation. Before 1998, competition was subjected to the same kind of regulation as that which existed in other areas : informal, non-legal, relying mainly on negotiation and persuasion and using the threat of prosecution as a negotiating argument. However, since 1998, the introduction of Community law into the UK system has radically changed the mode of competition regulation. It has become much less flexible and is now characterised by considerable juridification : law plays a central role in regulation, providing a formal framework in which law suits and appeals are common procedures
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