Editors: James Flynn & Jemima Stratford
Publisher: Palladian Law Publishing
Price: £48
Over the last few years, there has been a revolution in the way we receive and manipulate data. Information that was once purchased in printed form is now available without charge over the internet. This process has understandably changed how we view other media. If we are going to subscribe to a journal or buy a book it must be an improvement on the information available for free at the click of a mouse.
The challenge that faces this book is that the Government and the Office of Fair Trading (OFT) have exploited digital and traditional media to produce a range of freely-available publications that are intended to explain the workings of the new Act, and they have done so with great success.
Rather than leaving us with a bald piece of legislation to plough through, a visit to the OFT’s website at www.oft.gov.uk allows you to access forms, guidelines, briefing documents, primary and secondary legislation and a range of other materials. These can be downloaded or ordered in glossy printed form.
So the question is: whether the book provides enough added value to compete and justify the asking price
of £48. On the positive side, the text is clear, concise
and leads the reader systematically through the two
key prohibitions: agreements between undertakings preventing, restricting or distorting competition; and abuse of a dominant position.
Beyond the purely descriptive passages, there are good explanations of how the Act will be interpreted in practice. However, it is notable that many of these are, a matter of necessity, taken from the OFT’s published guidelines. There is also little detailed discussion of the more difficult issues arising under the Act.
Nor is there a great deal of practical guidance, such as what your first steps might be when faced with an OFT inquiry. It does not, therefore, try to explore the central issues that are likely to face practitioners in the months following the Act’s coming into force.
There is a problem for all books when compared to websites – they are rarely as up to date. At a time when a great deal of secondary legislation and other material is being generated by the Government, it is not sufficient to rely upon a book such as this if advising on domestic competition matters. Certain authors, such as Coleman and Grenfell (The Competition Act 1998 – Law and Practice) have tried to overcome this drawback by running an updating website in parallel to paper updates.
However, this book does not aim to be a comprehensive practitioner’s text; the authors intend to explain the Act in a way “that is comprehensible to those whose experience of the EC competition provisions is not extensive”. There is no doubt they have achieved this ambition.
Unfortunately, the Government and the OFT have produced publications that do the job just as well, if not better, and will not cost you a penny. As a result, anyone with an interest in this area should make the OFT’s website their first port of call.
Ian Hutton is barrister at Monckton Chambers.
