INTERVIEW - SIR CHRISTOPHER BELLAMY - COMPETITION APPEAL TRIBUNAL (UK) - PRIVATE ENFORCEMENT - ART. 82 EC

Christopher BELLAMY, UK Competition Appeal Tribunal: Three years at the Competition Appeal Tribunal

Interview of Sir Christopher BELLAMY, President of the Competition Appeal Tribunal, London, United Kingdom

Questions

1. You have been the President of the Competition Appeal Tribunal since 2003. This is a recent jurisdiction in the British jurisdictional order: what was the need for creating such a new jurisdiction that has few parallels within other EC member States?

2. After less than 3 years of operation, how would you describe the work that has been done?

3. What is the place of economic analysis in the CAT decisions ?

4. As a former judge of the Court of First Instance of the European Communities, how would you compare the British and the European jurisdictional approach to competition law?

5. Did British competition law have to be modified in order to come in line with EC Regulation 1/2003?

6. Are there means under British law to favour private enforcement of EC antitrust rules? Could you please give us some examples ? Do British courts communicate competition cases for information to the OFT ?

7. You were the President of the Association des juges européens de droit de la concurrence until June 2005. What has been done to promote a European judicial area for a consistent (“level playing field”) application of EU competition law by the Courts of the 25 Member States?

8. The EC Commission and the OECD have recently launched talks on reform of Article 82. This raises among other questions the use of economic analysis in competition policy. Do you think there are cases where a per se prohibition could be justified or that each case must be assessed on a case by case analysis?

9. Do you think there could be a role for competition authorities with regard to EC State aid rules? Does the British system control in some form State aid outside the scope of Articles 87 & 88 EC ?

10. It has been suggested that competition law played a role in the No vote in France and the Netherlands. Indeed, competition law, especially EC competition law but not only, is often viewed as a liberal policy in the sense of the Chicago school. How do you view the role of competition policy in the British economy?

Interview conducted by Nicolas Charbit, Editor in chief, Concurrences, Paris, New York.

Sir Christopher BELLAMY 1986 Queen's Counsel 1992 - 1999 Judge at the Court of First instance of the European Communities 2001 5th ed. of the Bellamy & Child “European Community Law of Competition” 2002 President of the “Association des juges européens de concurrence” 2003 President of the Competition Appeal Tribunal You have been the President of the Competition Appeal Tribunal since 2003. This is a recent jurisdiction in the British jurisdictional order: what was the need for creating such a new jurisdiction that has few parallels within other EC member States? The CAT is a specialised independent Tribunal established to hear appeals against the decisions of the UK competition and regulatory authorities made under the Competition Act 1998 and the Enterprise Act 2002. In broad

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Sir Christopher Bellamy, Christopher BELLAMY, UK Competition Appeal Tribunal: Three years at the Competition Appeal Tribunal, December 2005, Concurrences Review N° 4-2005, Art. N° 359, pp. 6-9

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