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Professor Barry Rodger

Law

Personal statement

LAW SCHOOL

I have been an academic at Strathclyde University Law School since 1993, having previously studied at Strathclyde, Worcester College, Oxford and the European University Institute, Florence and after qualifying as a practising solicitor in Scotland.

My primary teaching and research interests are related to EU and UK competition law and international private law, and I also teach aspects of private law. In recent years my work has focused on the interface between competition law and private law with various projects related to developments in the private enforcement of competition law in the UK and EU. A recent AHRC-funded project in this area (see www.clcpecreu.co.uk) led to the 2014 publication of Competition Law Comparative Private Enforcement and Collective Redress Across the EU (Rodger (ed), Kluwer Law International).

I am one of the co-organisers of the Competition Law Scholars' Forum (www.clasf.org) which runs two annual competition law events for competition law academics, co-editor of the online Competition Law Review, and I am also the Director of the Scottish Universities' Law Institute ('SULI') which publishes major Scots law texts.

Expertise

Has expertise in:

    EU Competition Law

    UK Competition Law

    Competition Litigation and Collective Redress Mechanisms

    Jurisdiction and Choice of Law in Civil and Commercial Matters

Prizes and awards

Strathchlyde Teaching Excellence Awards, Certificate In recognition of Outstanding Teaching
Recipient
14/5/2015
Strathclyde Teaching Excellence Awards, Nomination for Recognising Excellent Teaching 2014
Recipient
2014
Teaching Excellence, Certificate of Nomination, Strathclyde University Students' Association
Recipient
2011

more prizes and awards

Publications

Promotion and Harmonization of Antitrust Damages Claims by Directive EU/2014/104?
Marcos Francisco , Rodger Barry, Sousa Ferro Miguel
(2018)
Convergence and divergence within the EU's supranational competition law framework : norms, enforcement rules and prioritisation in the United Kingdom and Ireland
Rodger Barry J., Lucey Mary Catherine
The Regionalisation of Competition Law and Policy within the ASEAN Economic CommunityThe Regionalisation of Competition Law and Policy within the ASEAN Economic Community, (2018)
Competition law private enforcement in the UK courts : case-law developments 2013-2016
Rodger Barry
Global Competition Litigation Review, (2017)
The application of EU law by the Scottish courts : an analysis of case-law trends over 40 years
Rodger Barry
Juridical Review, (2017)
Implementation of the Antitrust Damages Directive in the UK : limited reform of the limitation rules
Rodger Barry J
European Competition Law Review Vol 38, pp. 219-227, (2017)
Competition law compliance : The CMA 2015 study, compliance rationales and the need for increased compliance professionalism and education
Rodger Barry
European Competition Law Review Vol 36, pp. 423-429, (2015)

more publications

Teaching

My primary teaching responsibility is in relation to EU and UK competition law. In my undergraduate elective class I utilise a range of media and enthusiasm to ensure that students understand the potential impact of competition law in relation to all aspects of their lives. Students are primarily assessed by an innovative piece of group-work in which they discuss a recent or ongoing competition law case in a context of their choice.

At honours and Masters level, seminars focusing on key aspects of EU and UK competition law substance and enforcement are more interactive and encourage student participation and discussion and engagement with ongoing policy debates and legal developments.

The international private law elective, a requirement for entry to the Faculty of Advocates, is taught together with Prof G Maher, University of Edinburgh, and makes students familiar with the key aspects and rules of Scots IPL, increasingly being developed and reformed by EU law.

I also enjoy teaching the basics of delict law to first year Business School students.

Research interests

My primary research interest is in relation to EU and UK competition law. I have published widely on aspects of substantive and enforecement of competition law and in more recent years I have focused primarily on aspects of private enforcement competition law, culminating in an AHRC funded project (see www.clcpecreu.co.uk) which led to the publication in 2014 of Competition Law Comparative Private Enforcement and Collectve Redress Across the EU (Rodger, (ed), Kluwer Law International). Recent, ongoing and future research work involves: the development of collective redress in the UK; competition litigation settlement practice in the UK; the development of competition law in an 'independent' Scotland; a reflection on abuse of dominance practice in UK competition law; a project in relation to EU law rights consciousness in Scotland and the Scottish courts in particular; and a project analysing different strategies of regulatory enforcement, punishment and deterrence in distinct regulatory contects in the UK.

I also undertake research projects in relation to international private law, and a key publication was Civil Jurisdiction in the Scottish Courts (Maher and Rodger, W Green, 2010). Ongoing work with Prof G Maher, University of Edinburgh concerns the relationship between rules of jurisdiction and choice of law and the approach to States, countries and legal systems under rules of international private law.

Professional activities

Clasf workshop‘Protection of Free Competition in Markets Across History: Culture, Politics and Law’Granada, Thursday September 13, 2018
Participant
15/9/2018
Presentation of paper 'UK Competition Law Post-Brexit'
Speaker
25/7/2018
CLaSF- Antitrust at the Intersection with Economics
Participant
19/3/2018
Competition Law Private Enforcement in the UK: Statutory, Case-Law and EU Developments
Speaker
9/2/2018
University of Lisbon Law School Centre for Research in European, Economic, Financial and Tax Law (CIDEEFF) (External organisation)
Advisor
2018
IE University, Madrid, Spain
Visiting researcher
2018

more professional activities

Projects

International Antitrust Litigation: Conflict of Laws and Coordination edited by Jürgen Basedow, Stéphanie Francq and Laurence Idot
Rodger, Barry (Research Co-investigator)
A project funded by the European Commission. I was asked to present a paper and subsequent book chapter on the relationship between the allocation of jurisdiction within the ECN and private international rules of civil jurisdiction.
Period 01-Sep-2009
Landmark Competition Law Cases
Rodger, Barry (Principal Investigator)
A team of rapporteurs from 15 different competition law systems: USA, Canada, Brazil, New Zealand, Australia, Japan, South Africa, Germany, Spain, Italy, the Netherlands, Hungary, EU and UK will each provide a detailed analysis of the landmark competition law case in that legal system. The resulting book wil be published by Kluwer Law International in 2012.
Period 01-Oct-2011
Why Not Court?
Rodger, Barry (Principal Investigator)
A project to ascertain motivations and rationale for the limited take-up of follow on private enforcement actions for damages, following OFT competition law public enforcement action in the period 2005-2009. A questionnaire-based study.
Period 22-Aug-2010
Competition Litigation Across the EU 1999-2009: A Comparative Analysis (Resubmission)
Rodger, Barry (Principal Investigator)
This project concerns the application of competition law in the national courts of the EU Member States. Competition law seeks to regulate the market behaviour of businesses, for instance by prohibiting the abuse of monopoly power and the creation of cartels. A typical price-fixing cartel involves collusion between would-be competitors who agree to fix prices at levels above the competitive price, making excessive profits at the expense of consumers and society generally. EU and UK competition law have traditionally been enforced virtually exclusively by an administrative body, for instance by the imposition of considerable fines. These fines do not compensate directly any of the victims of the competition law infringements. The historical primacy of administrative enforcement in Europe is in stark contrast with US competition law ('antitrust law') where private enforcement constitutes the vast majority of antitrust enforcement. The availability of a well-developed system of class actions has ensured that private enforcement is extremely effective and can result in end-consumers being compensated for their losses. The US system emphasises the importance of consumer rights, an aspect which appears to be lacking in the EU. A Commission White Paper published in April 2008 made a number of interesting proposals to facilitate and harmonise competition litigation across the Community. Reform of the UK system was also proposed by the OFT in its 2007 Recommendations, not as yet implemented. Both sets of proposals in particular consider ways of facilitating consumer redress.There has been to date no comprehensive or systematic study of the case-law in which competition law issues have arisen in private litigation across the Member State legal systems, and this project will fill this lacuna. The project will be collaborative, with rapporteurs for each EU Member State and expert economic and comparative legal input. Each rapporteur will identify and provide details of all competition law cases before Member State courts over a period of ten years, in order to provide a comprehensive analysis of all competition law-related private litigation across the EU. This will allow for a clearer and fuller understanding of the obstacles to effective private enforcement, particularly in relation to consumers, and encourage learning and sharing of best practice. A recent cut-off point is necessary, and as Regulation 1/2003 came into force on 1 May 2004, and sought to enhance the role of the national courts in EU competition law enforcement, the intention is to consider all cases within the five year period either side of this date, i.e. 1 May 1999-30 April 2009. An economic overview of differences in procedural rules from an incentives perspective and a comparative review of differences in legal systems, litigation behaviour and other independent variables in a number of States will help us understand the legal context in which private enforcement exists, how it has been constrained and may be facilitated.This is a vitally important period for this research to be undertaken and disseminated, as private enforcement is viewed by competition authorities and practitioners as a key element of a more competitive UK and European economy. The proposed research will inform ongoing policy debates at the EU and UK following the Commission White Paper and OFT recommendations, which suggested ways of facilitating private competition litigation and access to justice for consumers. The research will thus be of value to academics, practitioners, the judiciary, consumer organisations, business, policy makers and public enforcement agencies. DG Competition of the European Commission and the UK Office of Fair Trading have indicated their strong support for the proposed research, and it will allow the OFT to learn from developments in other Member States to enhance access to justice, the competition litigation system, and indirectly competitiveness, in the UK.
Period 01-Feb-2012 - 31-Jan-2014
Competition Law Litigation across the EU: A comprehensive study of all cases 1999-2009
Rodger, Barry (Principal Investigator)
Period 05-Jan-2009 - 31-May-2010

more projects