


Richard Whish
Richard Whish is Emeritus Professor of Law at King’s College London; in 2014 he was appointed QC Honoris Causa. He was a non-executive director of the Office of Fair Trading in the UK from 2003 to 2009, and a non-executive director of the Singaporean Energy Markets Authority from 2005 to 2011. He is the co-author, with David Bailey, of Competition Law, 9th edition 2018 (OUP), and the author of many other books, articles, case-notes and book reviews on various aspects of international competition law and policy. The "Richard Whish Liber Amicorum" highlights the global reach of Professor Whish’s influence. He is a co-editor of the Global Dictionary of Competition Law, to be published by Concurrences.
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Articles
49915 Bulletin
3436
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 (...)
3450
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. (...)
4010
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 (...)
3493
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 (...)
2519
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 (...)
3607
If there is one activity, above all, that competition law should combat, it is the horizontal cartel: firms that should, in a market-based economy, compete with one another for business should not be able to cooperate with one another, for example by fixing prices, sharing markets and (...)
2676
The decision concerns a circular issued by the applicant company to entrepreneurs who participate in the fairs and exhibitions it organizes. The specific issue raised concerned the granting of the right of preference to past exhibitors on the basis that these would have already invested in the (...)
3286
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 (...)
3083
The General Retailers and Traders Union was concerned about the effect of a series of acquisitions of popular supermarkets in Malta by operators already involved in the same sector: could this be detrimental to other players in the market? In other words, the issue was one of concentration at (...)
3543
The complainant operated a newsagency in the Departure Lounge at Malta International Airport. When the Airport Authority invited tenders for new leases of premises at the airport, the complainant enjoyed a right of first refusal. However, the dominant importer of newspapers and periodicals, (...)
2700
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 (...)
2508
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, (...)
2532
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 (...)
2614
The merits examined here are identical to those relative to Request Number 1 of 1997. To avoid useless repetition reference is made to the decision following that request.
2807
The decision concerns a request for the granting of an individual exemption (based on the Malta Competition Act) to agreements already entered into by applicant company binding resellers of its products. The request centred around the fact that the termination of these agreements was going to (...)
3651
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 (...)
21107 Review
1178
Interview conducted by Richard Whish, Emeritus Professor of Law, King’s College * Opening Discussion, 6th Innovation Economics Conference for Antitrust Lawyers (21 April 2022, King’s College London). As the day goes on, we’ve got fascinating panels on market definition, models of competition (...)
2304
Regulation 1/2003, which replaced Regulation 17 of 1962, has worked remarkably well in practice. The time had come to bring the system of notification of agreements, negative clearance and individual exemptions to an end. However, until recently the Commission had not used the tools of (...)
545
This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)
1996
The fourth roundtable of the conference “New frontiers of Antitrust”, Paris, 10 February 2012, was dedicated to the distinction between anticompetitive object and anticompetitive effect. In the first contribution, Richard Whish, Professor at the King’s College of London, provides some introductory (...)
12382
Former Commissioner Mario Monti announced at the Fordham Annual Conference on International Antitrust Law and Policy in October 2003 that the Commission would conduct a re-examination of the law and practice of Article 82. Since then a huge amount of intellectual energy has been spent - both (...)
2702
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 (...)
Books

