scispace - formally typeset
Search or ask a question
Author

Barry Rodger

Bio: Barry Rodger is an academic researcher from University of Strathclyde. The author has contributed to research in topics: Competition law & Public law. The author has an hindex of 8, co-authored 40 publications receiving 191 citations.

Papers
More filters
01 Jan 2012
TL;DR: A cursory examination of the academic literature in the field shows that private enforcement is an established, well-developed and vibrant mode of enforcement of US antitrust law constituting the preponderance of antitrust enforcement activity; complemented by public enforcement by the DOJ and FTC as discussed by the authors.
Abstract: It is clear from a cursory examination of the academic literature in the field that private enforcement is an established, well-developed and vibrant mode of enforcement of US antitrust law constituting the preponderance of antitrust enforcement activity; complemented by public enforcement by the DOJ and FTC. Historically, a range of factors have combined to ensure that private enforcement is effectively the default setting for antitrust enforcement in general, namely: the wider litigative culture; the significant period of development of antitrust law and economics; and, specific characteristics of US civil procedure - the rules on discovery, the funding of actions, the availability of class actions, and the existence of treble damages actions - together with clarification (and modification) of the legal position in relation to issues such as the passing-on defence and standing for indirect purchasers. Private antitrust enforcement is a well developed and mature system of litigation in the US, in contrast with the position in the EU.

3 citations

01 Jan 2013
TL;DR: In this paper, the authors present a study of cases in the UK courts between 2009 and 2012 involving domestic or EU competition law and discuss the legal infrastructure underpinning private enforcement and discuss: the methodology of the survey and the number of cases involved; the success of competition law issues; the courts in which the issues were determined; follow-on actions; successes at different stages of the litigation process; and the competition law provisions relied upon.
Abstract: Presents a study of cases in the UK courts between 2009 and 2012 involving domestic or EU competition law. Reviews the legal infrastructure underpinning private enforcement and discusses: (1) the methodology of the survey and the number of cases involved; (2) the success of competition law issues; (3) the courts in which the issues were determined; (4) follow-on actions; (5) successes at different stages of the litigation process; and (6) the competition law provisions relied upon. Notes the main themes emerging from the study and outlines reform proposals to facilitate private actions.

3 citations

Book
01 Jan 2000
TL;DR: Rodger and MacCulloch as discussed by the authors investigated under the Competition Act 1998 and Iain MacNeill private enforcement of the competition act prohibitions, and the Chapter II prohibition, Brenda Sufrin monopolies, public interest, the fair trading act and the chapter II prohibition.
Abstract: The Competition Act 1998 and the prior debate on reform, Richard Whish harmonisation with community law - the Euro clause, Kirsty Middleton interrelationship with community competition law enforcement, Barry J. Rodger investigations under the Competition Act 1998, Iain MacNeil private enforcement of the Competition Act prohibitions, Angus MacCulloch the Chapter II prohibition, Brenda Sufrin monopolies, the public interest, the Fair Trading Act and the Chapter II prohibition, Mark Furse the Chapter 1 prohibition - prohibiting cartels or permitting verticals? or both?, Barry J. Rodger and Angus MacCulloch the Competition Act 1998 and intellectual property rights, Steve Anderman competition, regulators and public service, Tony Prosser divergences in "harmonised" laws - a view from abroad, Rein Wesseling the Swedish Competition Act - a second view from abroad, Jonas Koponen.

3 citations

Journal ArticleDOI
TL;DR: In this article, compliance with competition law among a particular sub-set of UK companies was investigated by forwarding a questionnaire to all parties which were the subject of an infringement decision by the Office of Fair Trading under the Competition Act 1998.
Abstract: This article considers compliance with competition law among a particular sub-set of UK companies. The research was principally motivated by the reform of UK competition law in the late 1990's and the introduction of new investigatory and fining powers for the UK competition authorities, with potentially very serious consequences for companies in breach of competition law. There has been fairly extensive research into competition law compliance in Australia, and in particular, a Report based on a recent ACCC Enforcement and Compliance Survey noted that:- 'Those who have interacted with or been investigated by the ACCC generally report themselves to be more compliant.' Accordingly, in this research we sought to ascertain the extent to which an infringement finding by the OFT altered awareness of, attitudes to, and methods of compliance with competition law. This was undertaken by forwarding a questionnaire to all parties which were the subject of an infringement decision by the OFT under the Competition Act 1998. The research considers the extent to which competition law compliance, and the motivations for instituting an effective compliance programme, have been affected by enforcement action by the Office of Fair Trading under the Competition Act 1998.

3 citations

Journal Article
TL;DR: The potential implications for UK industry of competition law and policy can be fairly dramatic, as stressed in the first brief part of this note as mentioned in this paper, which sets the scene for the second part which will focus on the outcomes of a recent study of compliance with competition law by UK businesses commissioned by the Competition and Markets Authority.
Abstract: Competition law, its implications for the economy and its consequences for industry are particularly topical and controversial. There are numerous examples of price - fixing cartels being uncovered by the competition authorities both internationally and dome stically, and there have also been recent and ongoing investigations and sanctions imposed under the EU abuse of dominance rule in Article 102 in relation to the unilateral conduct of global organisations such as Microsoft, Intel, and more recently Google and Amazon. The potential implications for UK industry of competition law and policy can be fairly dramatic, as stressed in the first brief part of this note. This sets the scene for the second part which will focus on the outcomes of a recent study of com pliance with competition law by UK businesses commissioned by the Competition and Markets Authority, and allows us to reflect on compliance research more generally and what can or should be done to further facilitate, cajole and encourage competition law compliance.

2 citations


Cited by
More filters
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.

1,732 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.

46 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.

45 citations