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Author

Barry Rodger

Bio: Barry Rodger is an academic researcher from University of Strathclyde. The author has contributed to research in topic(s): Competition law & Public law. The author has an hindex of 8, co-authored 40 publication(s) receiving 191 citation(s).

Papers
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Book
13 Mar 2014
TL;DR: In this article, the authors present and evaluate the results of an AHRC funded research project designed to generate a quantitative analysis of the extent to which private enforcement of competition law has taken place across twenty-seven EU Member States over a period of 13 years to 1 May 2012.
Abstract: This book presents and evaluates the results of an AHRC funded research project designed to generate a quantitative analysis of the extent to which private enforcement of competition law has taken place across twenty-seven EU Member States over a period of 13 years to 1 May 2012 in order to consider the extent to which the rights provided by competition law in the EU are protected and accorded effectiveness. It fills a major gap in our knowledge of the use of private litigation in Europe, especially in relation to consumer redress in competition-related cases, providing valuable empirical evidence to inform policy debate and developments. Based on extensive work by expert rapporteurs from 27 EU Member States, the study comprehensively identifies, for the period 1999–2012, all competition law cases before the domestic courts of the EU where parties were seeking to exercise rights conferred on them either by EU law (Articles 101 and 102 TFEU) or the domestic competition law equivalents. The general hypothesis that underlies the project is that private enforcement practice may at least partly be explained by the existence or availability of particular institutions, mechanisms and cultural factors in relation to the particular legal system, and, accordingly, the book provides an overview of certain aspects of the legal and institutional background to private enforcement across the Member states.

24 citations

Book
01 Dec 1998
TL;DR: The fourth edition of the competition law and policy in the EC and UK as mentioned in this paper provides a clear guide to and outline of the general policies behind, and the main provisions of the EU and UK competition law.
Abstract: Competition law, at both the EC and UK levels, plays an important and ever-increasing role in regulating the conduct of businesses. Based on the premise that open and fair competition is good for both consumers and businesses, competition law prevents businesses from entering into anti-competitive agreements and from abusing their dominant market position. Competition Law and Policy in the EC and UK looks at how competition law affects business, including: co-ordinated actions; pricing behaviour; take-overs and mergers; and state subsidies. It provides a clear guide to and outline of the general policies behind, and the main provisions of EC and UK competition law. Information is presented within a structured framework, complete with a glossary of useful terminology. This fourth edition has been revised and updated to take into account developments since publication of the previous edition, including expanded coverage of the regulation of cartels, the development of private enforcement, the consideration of IP issues in Microsoft, and extended discussion of UK competition Law.

20 citations

Journal ArticleDOI
TL;DR: In this paper, the authors assess the features of the Directive and the challenges it poses for its implementation by Member States, and assess the impact of this Directive on the enforcement of competition law.
Abstract: Directive EU/2014/104 is the latest legal instrument that crystalizes the evolution of EU competition law enforcement. This paper assesses critically the features of the Directive and the challenges it poses for its implementation by Member States. The Directive codifies the case law of the EUCJ and it encroaches upon the autonomy of Member States in setting the institutions, remedies and procedures available for victims’ of antitrust infringements. Although the Directive provides a fragmented and incomplete set of rules that only partially harmonizes antitrust damages claims in the EU, and it’s slanted towards follow-on cartel damages claims, it has publicised the availability of damages claims, creating momentum that will transform how competition law is enforced in the future.

20 citations

Journal Article
TL;DR: In this paper, the authors report on their research into various characteristics of the competition law settlements that were agreed between 2000 and 2005, exploring the findings and setting them out in tables and charts.
Abstract: Reports on the author's research into various characteristics of the competition law settlements that were agreed between 2000 and 2005, exploring the findings and setting them out in tables and charts. Discusses the merits of settling private competition disputes. Describes the methodology of the research. Notes additional findings for 2006.

18 citations

Journal ArticleDOI
TL;DR: In this paper, the authors make a timely contribution to this debate by considering the legislative and case-law developments over the past decade in relation to private enforcement of competition law in the UK.
Abstract: The Department for Business Innovation and Skills introduced a consultation process in April 2012 on ways to facilitate private actions in competition law in the UK. This article makes a timely contribution to this debate by considering the legislative and case-law developments over the past decade in relation to private enforcement of competition law in the UK. In particular, the article focuses on the follow-on action mechanism introduced by the Enterprise Act 2002 whereby damages may be sought by injured parties, relying on prior infringement decisions by the UK competition authorities or the European Commission, before the specialist Competition Appeal Tribunal (CAT). The article notes that there has been relatively little litigation under this mechanism and examines the rationale for continued resort to the traditional High Court litigation route. In addition, the minimal take-up of the consumer representative follow-on action before the CAT is addressed. The article then draws on research undertaken by the author in relation to competition infringement decisions by the UK Office of Fair Trading (soon to be replaced by the Competition and Markets Authority) between 2005 and 2009 and outlines the results of a questionnaire study seeking to understand why aggrieved parties did not seek redress in a follow-on action before the courts or CAT.

12 citations


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Book
31 Dec 1999
TL;DR: This first comprehensive survey of steganography and watermarking and their application to modern communications and multimedia and an overview of "steganalysis," methods which can be used to break steganographic communication are discussed.
Abstract: From the Publisher: Steganography, a means by which two or more parties may communicate using "invisible" or "subliminal" communication, and watermarking, a means of hiding copyright data in images, are becoming necessary components of commercial multimedia applications that are subject to illegal use. This new book is the first comprehensive survey of steganography and watermarking and their application to modern communications and multimedia. Handbook of Information Hiding: Steganography and Watermarking helps you understand steganography, the history of this previously neglected element of cryptography, the hurdles of international law on strong cryptographic techniques, a description of possible applications, and a survey of the methods you can use to hide information in modern media. Included in this discussion is an overview of "steganalysis," methods which can be used to break steganographic communication. This comprehensive resource also includes an introduction to and survey of watermarking methods, and discusses this method's similarities and differences to steganography. You gain a working knowledge of watermarking's pros and cons, and you learn the legal implications of watermarking and copyright issues on the Internet.

1,725 citations

MonographDOI
01 Jan 2004

84 citations

Dissertation
01 Jan 2014
TL;DR: In this paper, an improved version of rational choice theory in criminology is proposed to analyze financial white-collar crime in various financial systems, namely, market-based, socialist, and Islamic systems.
Abstract: Financial crimes have become one of the most destructive types of crime in post-industrial societies in terms of economic and financial consequences. While the importance of financial institutions in the modern economic system cannot be negated, their critical function in the society with their enormous powers brings about many questions, especially in relation to systems of checks and balances. The increasing number of adverse examples in the last decades provide evidence for the enormous negative consequences of corporate failures resulting from shortcomings in the checks and balances. This study, hence, is motivated by the current financial failures, and aims at exploring and examining financial crimes in terms of the process of becoming a financial white-collar criminal in various financial systems, namely capitalist, socialist and Islamic systems, as well as exploring the vulnerability and propensity of each system in relation to financial crimes. In addition, this study, departing from the shortcomings of Eurocentric understanding and referring to cultural and religious norms, aims to re-conceptualise some of the concepts, subcategories and dimensions with the objective of developing and theorising an improved version of rational choice theory in criminology for a better comparison. In fulfilling the aims of the study, a discourse analysis approach through a deconstruction method is utilised to locate and identify the underpinnings of the existing theoretical frameworks through comparative case study as a method, by comparing extreme cases of market/capitalist finance, socialist/transitional and Islamic/moral finance. In addition, grounded theory is used as a method to construct a modified version of the existing theories by using a number of formal codes such as ‘motivation’, ‘environment’, ‘target’, ‘guardian’ as concepts and ‘opportunity spaces’, ‘real, perceived selves’, ‘ideal and feared’, ‘need and guarding gaps’, ‘haste’, ‘expectations’, ‘deviance’, ‘crime motivation’, ‘act of crime’ etc. as subcategories and ‘material’, ‘social’ and ‘moral’ as dimensions. Such an attempt is rationalised on the ground that the current criminology theories are unfortunately linear theories and they do not make decisions about a regular person. Therefore, there is no crime theory that is confident enough to receive a regular person and make dynamic, relativist, complex analysis about them in prospect, depending on the changing conditions of the inner and outer world of the individual, unlike the ‘complex theory of crime’ produced by this research through grounded theory. A comparative analysis to order the financial systems according to their vulnerability to financial crimes is also provided in this study using the ‘opportunity spaces’ concept of the grounded theory which develops the classical ‘opportunity’ argument of the rational choice theory to almost a small theory of opportunity. This analysis suggests that the most vulnerable financial system to financial crime is the market based financial system, which is followed by socialist/transitional and Islamized financial systems. The comparative analysis of the study on crime propensities of financial systems also confirms the literature on economic and financial systems that argues that the financial systems are converging despite their strong and distinctive ontological and epistemological differences and capacities to enrich and improve each other. The theoretical model developed in this study reveals that crime motivation is only an extension of ordinary motivation and has a dynamic nature. Dynamic in both the micro world of the individual and his/her close social/physical environment and also the macro environment in terms of the wider space of political-economy and social culture. This study fills an important gap in criminology literature which has been sought for decades since the 1970s. Indeed, the resultant theory in this study is unique in its approach because it is a micro-founded macro theory, unlike all the criminology theories which have either micro (biological, psychological theories, control theories) or macro (i.e. symbolic interactions, social bonds theory, life-course theory, conflict theory) foundations.

58 citations

Book
31 Oct 2019
TL;DR: In Third Party Funding as discussed by the authors, Gian Marco Solas, for the first time, describes third party funding (TPF) as stand-alone practice within the wider litigation and legal services' markets.
Abstract: In Third Party Funding, Gian Marco Solas, for the first time, describes third party funding (TPF) as stand-alone practice within the wider litigation and legal services' markets. The book reports on legal issues related to TPF in both common law and civil law jurisdictions, and in the international context. It then discusses the incentives and economics of TPF transactions in different legal contexts while explaining how the practice emerged and how it is likely to develop. In addition, the book offers practical insights into TPF transactions and analyzes a number of regulatory proposals that could affect its use and desirability. This work should be read by scholars, practitioners, policymakers, and anyone else interested in how TPF is changing the practice of law.

45 citations

Book
02 Jan 2020
TL;DR: Lombardi et al. as discussed by the authors elucidates the concept of causation in competition law damages actions and outlines its practical implications in competition litigation through the comparative analysis of the relevant statutory and case law, primarily in the European Union.
Abstract: Competition law damages actions are often characterized by the uncertainty of the causal connection between the infringement and the harm. The damage consists in a pure economic loss flowing from an anticompetitive conduct. In such cases, the complexity of the markets structures, combined with the interdependence of individuals' assets, fuel this causal uncertainty. In this work, Claudio Lombardi elucidates the concept of causation in competition law damages actions and outlines its practical implications in competition litigation through the comparative analysis of the relevant statutory and case law, primarily in the European Union. This book should be read by practitioners, scholars, and graduate students with experience in competition law, as well as those interested in analyzing economic torts and causation in general.

44 citations