Strathclyde Centre for Antitrust Law and Empirical StudyLatest Outcomes from our Work

We wish to share our research findings in a variety of ways to reach out to different audiences. We publish academic books and articles, but also try to make our research available in a shorter and more accessible way for stakeholders (policy-makers, practitioners, etc) through shorter publications. We welcome comments and suggestions from colleagues and stakeholders.

Recent publications include:-

RODGER

'Private Enforcement in the UK: Effective Redress for Consumers?' Ch 12 in B Rodger, P Whelan and A MacCulloch (eds), The UK Competition Regime: a Twenty-Year Retrospective (OUP, 2021); 

Formalism, fairness and freedom of contract: abuse of dominance in the UK courts and the business ‘Achilles heel’ of objective justification, Rodger, B., Apr 2021, Challenges to Assumptions in Competition Law. Edward Elgar Publishing Ltd; 

‘A decade of EU law in the courts of Scotland and Ireland: national legal systems compared’

Rodger, B., Maher, I. & Riórdán, R., [2021] Legal Studies. p. 1-25; 

‘The impact of Brexit on the competition and markets authority (CMA)’ Rodger, B. & Stephan, A; [2021] 43(7) European Competition Law Review 493-499; 

Brexit and Competition Law, Rodger, B. & Stephan, A., 5 Jul 2021, Abingdon: Routledge. 136 p. (Legal Perspectives on Brexit) ; 

Competition Law and Policy of the EU and UK, Rodger, B. & MacCulloch, A., 6th ed. Abingdon: Routledge Taylor & Francis Group, October 2021

A panacea for competition law damages actions in the EU? A comparative view of the implementation of the EU Antitrust Damages Directive in sixteen Member States; Rodger, B. J., Sousa Ferro, M. & Marcos, F.,:2019  Maastricht Journal of European and Comparative Law.

Application of the  EU and Domestic ‘Antitrust’ Prohibitions, Domestic and EU: An Analysis of the UK Competition Authority’s Enforcement Practice; 2019 Journal of Antitrust Enforcement.

Transposition of the antitrust damages directive: critical observations; Rodger, B., Sousa Ferro, M. & Marcos, F., In : CPI Antitrust Chronicle. 2, 1, 6 p.

Marcos, F., Rodger, B. & Sousa Ferro, M., 25 Aug 2018, (Unpublished) Rochester, NY.: SSRN, 42 p.

Promotion and Harmonization of Antitrust Damages Claims by Directive EU/2014/104?

Rodger, B. (ed.), Sousa Ferro, M. (ed.) & Marcos, F. (ed.), 20 Dec 2018, Oxford: Oxford University Press. 544 p,

The EU Antitrust Damages Directive: Transposition in the Member States

Convergence and divergence within the EU's supranational competition law framework: norms, enforcement rules and prioritisation in the United Kingdom and Ireland, Rodger, B. J. & Lucey,  M.C. in The Regionalisation of Competition Law and Policy within the ASEAN Economic Community,.Ong, B. (ed.). Cambridge: Cambridge University Press, p. 236-270 35

2017 10(3) Global Competition Litigation Review 128-144

Competition law private enforcement in the UK courts: case-law developments 2013-2016

Recent highlights:-

The UK Competition Regime: a Twenty Year Retrospective

The EU Antitrust Damages Directive, Transposition in the Member States

Prof Barry Rodger (co-editors Prof Miguel Sousa Ferro (University of Lisbon), and Prof Francisco Marcos (IE University, Madrid)

This book, published in December 2018, makes a significant and original contribution to the literature on the developing area of private enforcement of EU competition law. It delivers a significant, rigorous and comprehensive analysis of the transposition across a broad selection of Member States (MS) of a major EU Directive introduced with the aim of harmonising and facilitation competition law damages actions across the European Union. The book seeks to review and analyse the implementation of the Antitrust Damages Directive. It analyses the transposition of the Directive into national law firstly from a generic EU law implementation perspective, considering the MS processes followed in implementing this EU Directive. The book also looks more specifically at the national debates and their consequences for the substantive choices adopted in terms of implementation of the various Directive provisions.

Part I discusses the background to private enforcement and outlines the Damages Directive aims and key provisions. Part II contains 16 chapters containing each of the national reports on transposition of the Directive across the selected 16 MS. Part III provides a comparative analysis of the national reports, a critical assessment of the Directive's implementation and concluding remarks. This significant contribution to an area of contemporary academic debate and practical importance was undertaken with 2 co-editors (Profs Miguel Sousa Ferro and Francisco Marcos) and expert rapporteurs for each of the 16 selected Member States.