Richard Whish

King’s College (London)
Solicitor, Author

Emeritus Professor Richard Whish is a legal academic and author. He is a qualified solicitor and was in legal practice in London from 1989 to 1998. He was admitted in 1977. He has been recommended for his contribution to competition law and policy, in the UK, the European Union and in many other countries with competition laws throughout the world. Professor Whish has published many books and articles on competition law, and contributed to many others. In particular he is the co-author of Competition Law, 7th edition 2012. Professor Whish has advised various Governments and competition authorities on competition law and policy, and has had an influence on the development of various competition laws and on soft law guidance. His nomination also focuses on his contribution to the development of many postgraduate courses on competition law and policy at King’s College London, where he is now Emeritus Professor, having been a Professor of Law there from 1991 to 2013. For many years he was also a Visiting Professor of Law at the College of Europe in Bruges. Professor Whish was a member of the Advisory Panel of the Director General of Fair Trading from 2001 to 2003, and a non-executive director of the Board of the Office of Fair Trading from 2003 to 2009. He was also a member of the Board of the Singapore Energy Markets Authority from 2005 to 2011. In 2014 Professor Whish was appointed Queen’s Counsel Honoris Causa. The award is made to lawyers who have made a major contribution to the law of England & Wales outside practice in the courts.

Linked authors

Linklaters (Paris)
University of Tilburg
DLA Piper (Paris)
DG COMP (Brussels)
Superior Courts of Malta
University Paris II Panthéon‑Assas
French State Council (Paris)

Videos

Richard Whish
Richard Whish 3 February 2017 Londres
Richard Whish (King's College London)
Richard Whish 28 September 2017 Bruxelles

Articles

48656 Bulletin

Richard Whish, Silvio Meli The Maltese Commission for Fair Trading confirms that the jurisdiction of the Communications Authority did not exclude the Office of Fair Competition’s ability to investigate under the Competition Act (Datastream)

3367

In this case the Maltese Commission had to decide whether the fact that the Electronics Communications Authority of Malta had a regulatory jurisdiction in relation to various telecommunications services in Malta prevented the Office of Fair Competition from investigating a complaint by Vodafone (...)

Richard Whish, Silvio Meli The Maltese Commission for Fair Trading holds that it had concurrent jurisdiction with the telecommunications regulator on telecommunications issues (Datastream)

3368

This preliminary judgement was brought about after the telecommunications undertaking that was subjected to the investigations of the Director of Fair Trading, hereinafter referred to as the “Director” (based on the Malta Competition Act), protested and held that he was precluded from doing so. (...)

Richard Whish, Silvio Meli The Maltese Commission for Fair Trading confirms that the Transport Authority was not an undertaking, consequently its monopoly was not subject to the Competition Act (Carmel Mifsud)

3909

Competition law controls the anti-competitive agreements and the abusive behaviour of undertakings, but much anti-competitive behaviour is caused by the state. Complainants are often frustrated when they discover that the conduct of which they complain is attributable to the state acting in its (...)

Richard Whish, Silvio Meli The Malta Commission for Fair Trading rejected the application for a request for an individual exemption from a cooperative benefiting of a de facto monopoly in the funeral transport market (Cooperative motor hearse owners)

3431

This decision concerns the request for the granting of an individual exemption (based on the Malta Competition Act) of certain ingrained anti-competitive practices carried out by the applicant co-operative in the funeral transport market. After a detailed examination of the essential requites (...)

Richard Whish, Silvio Meli The Maltese Commission for Fair Trading declared abusive the establishment of a target sales scheme excluding competitors’ products (Portanier Brothers)

2436

In this case, the Maltese Commission for Fair Trading reached again the conclusion that there had been an infringement of the Competition Act. It concluded that the General Soft Drinks Co (’GSD’) had abused a dominant position in the market for one-litre bottles of carbonated soft drinks by (...)

Richard Whish, Silvio Meli The Maltese Office of Fair Trading condemned for the first time ever an infringement of the Competition Act under the form of abusive tying in the agricultural sector (Malta Dairy Products)

3196

This case can be regarded as a landmark in the evolution of competition law in Malta: for the first time the Commission handed down a judgment in which it found that an infringement of the Competition Act had been committed. The Commission held that Malta Dairy Products Ltd (’MDPL’) held a (...)

Richard Whish, Silvio Meli The Maltese Commission for Fair Trading decided that a complainant can not raise matters that were not included within the original complaint before the Office of Fair Competition (M. Vending - Austria Tabak)

2638

In the present case the Maltese Office of Fair Competition had received a complaint in June 1996 concerning the sale of cigarettes through automatic vending machines. The Office investigated the complaint, and concluded that there was no infringement of the 1994 Act with the result that the (...)

Richard Whish, Silvio Meli The Maltese Commission for Fair Trading stoped investigation on alleged abuse of dominant position ruling that the agent was economically integrated with its principal and formed a single economic entity (GRTU)

2443

The purpose of competition law is to enhance consumer welfare: the most obvious infringement of the law is a horizontal agreement whereby the members of a cartel impose higher prices on their customers. However, many cases do not fit this fact pattern: often one of the parties to an agreement, (...)

Richard Whish, Silvio Meli The Maltese Commission for Fair Trading rejected an individual exemption request concerning exclusivity agreements in the soft drinks distribution sector (General soft drinks I)

2459

This decision concerns a request for the granting of an individual exemption (based on the Malta Competition Act) concerning various exclusivity agreements that the local manufacturer of Coca-Cola had entered into with a considerable number of outlets. It is also to be noted that this request (...)

Richard Whish The Maltese Commission for Fair Trading ruled for the first time on the basis of the 1994 Competition Act on the compatibility of the action of the Director of the NCA with notions of EC law and Maltese administrative law (Simonds Farsons Cisk)

3560

The first judgment of the Commission concerned the price of beer. This case was brought under section 11 of the Competition Act, as originally drafted, under which power existed to regulate the price of ’essential’ products. This provision was not without controversy. In a competition-based (...)

16356 Review

Andreas Mundt, Christophe Lemaire, Nicholas Forwood, Richard Whish TR IV - Objet anticoncurrentiel / effet anticoncurrentiel: La distinction a-t-elle encore un avenir ? (New Frontiers of Antitrust Conference - Paris, 10 février 2012)

1604

La quatrième table-ronde de la conférence New Frontiers of Antitrust du 10 février 2012 à Paris était dédiée à la distinction entre objet et effet anticoncurrentiel. Richard Whish, Professeur au King’s College de Londres, introduit le sujet par quelques observations liminaires. Nicolas Forwood, juge au (...)

Richard Whish Maltese Competition Law: 10 Years On

2615

A wide range of issues has been considered by the Maltese Commission in the first ten years of the Maltese Competition Act, both procedural and substantive. It is clear that the exposure of the Maltese economy and its stakeholders to more competitive forces than in the past has not always been (...)

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