The Treaty of Rome turns 50 next year. Its signing was the genesis of today’s European Union (EU). Its impact on competition was felt in the celebrated Articles 85 and 86 (later renamed 81 and 82). These outlawed restrictive practices and abuse of a dominant position. Following the enactment of the Competition Act 1998 and the Enterprise Act 2002, UK competition law is now largely based on Articles 81 and 82 of the revised treaty.
According to Martin Smith at Simmons & Simmons: “Since the Competition Act came into force, giving the Office of Fair Trading (OFT) much more power, there has been an increasing flow of tribunal cases with the introduction of the Competition Appeal Tribunal (CAT). The area has become much more litigious and the Government is encouraging more litigation in mainstream courts.”
