University of Leicester School of Law Research Paper Series最新文献

Monitor and the Competition and Markets Authority 监察和竞争及市场管理局

University of Leicester School of Law Research Paper Series Pub Date : 2014-11-20 DOI: 10.2139/ssrn.2528569

A. Sanchez-Graells

{"title":"Monitor and the Competition and Markets Authority","authors":"A. Sanchez-Graells","doi":"10.2139/ssrn.2528569","DOIUrl":"https://doi.org/10.2139/ssrn.2528569","url":null,"abstract":"As part of its enforcement duties under the National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013, and in exercise of the powers assigned to it by the Health and Social Care Act 2012, the health care sector regulator for England (Monitor) is co-competent with the competition watchdog (Competition and Markets Authority) to enforce competition law in health care markets. Oddly, though, unlike other sector regulators, Monitor does not have a duty to promote competition but ‘simply’ to prevent anti-competitive behaviour. Monitor is also competent to carry out reviews and to decide bid disputes concerning procurement carried out by health care bodies, provided there is no formal challenge under the Public Contracts Regulations 2006.This paper contends that such a concentration of regulatory, competition enforcement and procurement review powers puts Monitor in a unique situation of (potential) structural conflict of interest that can diminish significantly its ability to act as an effective (co-competent) competition authority. This paper focusses on this difficult structure for the enforcement of competition law in the health care sector in England, in particular due to the asymmetrical, sui generis concurrency regime created by the Enterprise and Regulatory Reform Act 2013 and the Concurrency Regulations 2014. As examples of such conflict of interest and its implications, the paper assesses Monitor’s incentives to bend the interpretation of both art.101(3) TFEU and the new special regime on procurement of social services (arts.72-77 dir 2014/24). The paper concludes that this situation requires regulatory reform to devolve powers to the Competition and Markets Authority.","PeriodicalId":320573,"journal":{"name":"University of Leicester School of Law Research Paper Series","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129806820","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The Public Perception of Investment Arbitration 公众对投资仲裁的看法

University of Leicester School of Law Research Paper Series Pub Date : 2014-11-17 DOI: 10.2139/ssrn.2733046

Tony Cole, P. Ortolani

引用次数: 0

Foreign Precedents in Judicial Argument: A Theoretical Account 司法论辩中的国外先例:一种理论解释

University of Leicester School of Law Research Paper Series Pub Date : 2014-07-16 DOI: 10.2139/ssrn.2467155

Stefano Bertea, Claudio Sarra

引用次数: 3

When Investment Law Takes Over: Towards a New Legal Regime to Regulate Asia Pacific's Submarine Cables Boom 当投资法接管:迈向一个新的法律制度，以规范亚太地区的海底电缆热潮

University of Leicester School of Law Research Paper Series Pub Date : 2013-11-01 DOI: 10.1163/9789004425033_002

Paolo Vargiu, F. Borgia

引用次数: 1

Rediscovering the Contract of Employment for Non-Standard Workers in the UK Common Law 英国普通法对非标准工人雇佣合同的再认识

University of Leicester School of Law Research Paper Series Pub Date : 2013-06-01 DOI: 10.2139/ssrn.2324973

J. McClelland

{"title":"Rediscovering the Contract of Employment for Non-Standard Workers in the UK Common Law","authors":"J. McClelland","doi":"10.2139/ssrn.2324973","DOIUrl":"https://doi.org/10.2139/ssrn.2324973","url":null,"abstract":"The central concept underlying access to employment rights is based on a binary divide between contract of service (the employee) and contract for services (independent contractor). New classifications of work relationships have however been added over time. These new categories do not sit comfortably with the binary classification system. New ways of working may undermine what we traditionally understand as working relationships. As such the usefulness of this system has been questioned. Yet contract remains central. In view of the lack of any practical alternative it is worth considering whether the interpretation of contract law itself is capable of development. The modern law of contract has the potential capacity to redefine the binary divide so that only those who are truly self-employed are excluded from statutory protection. To do this the meaning of 'contract of service' would need to reflect the reality of labour market contracting and take account of the impact of exploitative bargaining strength. This reinterpretation could potentially expand the classification of contract of service to encompass more non-standard workers within the remit of full employment protection in the UK. Such a possibility depends on how far the employment tribunal and courts have incorporated a contextual framework into their interpretation of contract and how far any context incorporates wider social values consistent with public law standards of fairness and reasonableness. This paper contends that there needs to be explicit acknowledgement by the judiciary that the contextual interpretation of contracts needs to include the economic, political and social imperatives that informed the statutory environment. By seeing the employment relationship in this wider context the pragmatic judge may truly take a purposive stance.","PeriodicalId":320573,"journal":{"name":"University of Leicester School of Law Research Paper Series","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130508533","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0