King's College (London)

Richard Whish

King’s College (London)
Solicitor, Author

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.

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King’s College (London)
King’s College (London)
King’s College (London)
United Kingdom’s Competition Authority - CMA (London)
King’s College (London)


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


49318 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)


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)


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)


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 Maltese Commission for Fair Trading rejects 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)


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 Competition Authority 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)


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)


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 Competition Authority stops investigation on alleged abuse of dominant position ruling that the agent was economically integrated with its principal and formed a single economic entity (GRTU)


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)


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)


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 (...)

17149 Review

Andreas Mundt, Christophe Lemaire, Nicholas Forwood, Richard Whish TR IV - Anticompetitive object vs. anticompetitive effect: Does it really matter? (New Frontiers of Antitrust Conference - Paris, 10 February 2012)


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 (...)

Richard Whish Maltese Competition Law: 10 Years On


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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