scholarly journals Feeding the nation in times of crisis: the relaxation of competition law in the United Kingdom

2020 ◽  
Vol 19 (2) ◽  
pp. 68-78
Author(s):  
Okeoghene Odudu
Keyword(s):  
Public Policy ◽  
United Kingdom ◽  
Supply Chain ◽  
Competition Law ◽  
Competition Authority ◽  
The Public ◽  
Enforcement Action ◽  
The United Kingdom ◽  
Real Value ◽  
The Government

In order to respond to the COVID-19 pandemic it has been recognized universally that cooperation between competitors will be necessary. It is also recognized that some of the cooperation contemplated will infringe competition law. A number of techniques are available by which conduct that infringes competition law can escape prohibition. Two techniques used have been to issue guidance on how the competition authority understands the law to apply and to articulate how it will exercise its discretion when deciding to take enforcement action. The combination of these two techniques provides a degree of comfort. In the United Kingdom, the government has gone further by identifying necessary cooperation and excluding such cooperation from competition law on grounds of public policy, in one instance for those in the groceries supply chain. The use of an exclusion order means that there is political accountability for the consequences the decision to set aside competition law will have, both for competitors, others in the supply chain, and for different consumer groups. For parties to excluded agreements, there is certainty ex ante that the cooperation is immune from competition challenge. Avoiding the need to assess the compatibility of an agreement with competition law, rather than permission to engage in incompatible behaviour, can be seen as the real value of the public policy exclusion order granted in relation to groceries.

scholarly journals Policy accommodation versus electoral turnover: policy representation in Britain, 1945–2015

2018 ◽  
Vol 39 (2) ◽  
pp. 235-265 ◽  
Author(s):  
John Bartle ◽  
Sebastian Dellepiane Avellaneda ◽  
Anthony McGann
Keyword(s):  
Public Policy ◽  
United Kingdom ◽  
Government Expenditure ◽  
Postwar Period ◽  
Public Preferences ◽  
The Public ◽  
The United Kingdom ◽  
Party Control ◽  
Policy Representation ◽  
The Government

AbstractDoes public policy in the United Kingdom respond to changes in public preferences? If so, is this the result of the government changing its policy to reflect preferences (“policy accommodation”) or the result of governments that pursue unpopular policies being replaced at elections by governments more in line with the public (“electoral turnover”)? We explore these questions by estimating annual aggregate public preferences (“the policy mood”) using responses to 287 questions administered 2,087 times and annual policy using budgetary data (“nonmilitary government expenditure”) for the whole of the postwar period. We find that mood moves in the opposite direction to policy and variations in mood are associated with variations in annual vote intentions. Policy is responsive to party control but not directly responsive to mood. Shifts in mood eventually lead to a change in government and thus policy, but this process may be very slow if the public has doubts about the competence of the opposition.

The Duchy of Lancaster Records

1947 ◽  
Vol 29 ◽  
pp. 1-17 ◽  
Author(s):  
R. Somerville
Keyword(s):  
United Kingdom ◽  
Public Administration ◽  
County Council ◽  
Component Part ◽  
The Public ◽  
The United Kingdom ◽  
Rich Diversity ◽  
Public Record ◽  
The Rich ◽  
The Government

Two hundred and fifty years ago a record-keeper sat amid the boxes, the cupboards and the shelves which housed his charges, compiling ‘an account of all or most of the records in the Duchy office and how to find them’. The result was invaluable for searchers in the Duchy of Lancaster records, but lacking order and arrangement, as its author was the first to admit, it is not a systematic description of these records and it says very little about their history. There is therefore some justification for attempting a comprehensive view of these records. The rich diversity of interest which the Duchy bears is fully reflected in the range of its records. It has indeed been said that ‘what the records of the United Kingdom are at large, these records of the Duchy are in miniature’. That is a bold assertion, difficult to sustain. For one thing, the Duchy never knew the complicated processes of the royal exchequer, and it must be obvious that the Duchy could not repeat in parvo the whole pattern of the nation's life. Yet the analogy gives a hint of the records' scope, and it becomes closer if we take the Duchy records to include those of the Palatinate of Lancaster. It is true that in the Public Record Office, which contains most of the records under discussion, the two series are treated separately, and the Guide, repeating a distinction drawn in 1868 in the Deputy Keeper's Report, says that the Duchy records ‘are entirely distinct from the records of the County palatine, which, although public, are purely local, whilst the Duchy Records, though private, concern the government and jurisdiction of the entire dominion of the Duchy and embrace the County Palatine as a subordinate regality’. This statement, which the grammarian finds imperfect as an example of the chiastic construction, is equally unsatisfactory to the archivist or historian if we understand it to refer to the palatinate, and not to the administration of the modern county council. We ought no more to segregate the palatinate simply because it was an organ of public administration than we should, say, a private hundred, and the description itself recognises the county palatine as a component part of the Duchy. How the judicial records of the court of Duchy chamber were any less public than those of the chancery court in Lancashire, is not explained. The distinction, in fine, is fallacious.

Part II The Member State Reports on Transposition of the Directive, 18 United Kingdom

2018 ◽  
Author(s):  
Rodger Barry
Keyword(s):  
United Kingdom ◽  
Member State ◽  
Dispute Resolution ◽  
Competition Law ◽  
Competition Authority ◽  
Joint And Several Liability ◽  
The United Kingdom ◽  
Eu Competition Law ◽  
The Uk ◽  
Private Litigation

This chapter focuses on the transposition of the Antitrust Damages Directive in the United Kingdom. It first provides a general background on the transposition process, with emphasis on developments in relation to private litigation involving both UK and EU competition law in the UK courts. It then considers the substantive and temporal scope of the UK transposition measure before analysing some of the specific issues concerning implementation of the Directive, such as those relating to limitation periods, binding force of competition authority decisions, disclosure and protection of certain documents/admissability of evidence, presumption of harm and quantification of damages, passing-on defence and indirect purchasers, joint and several liability, parent company liability, consensual dispute resolution, collective redress, litigation costs and funding, and specialised court structure.

What Are You Reading?

2014 ◽  
Vol 55 (3) ◽  
pp. 393-397
Author(s):  
Kim Solga
Keyword(s):  
United Kingdom ◽  
Social Classes ◽  
Coalition Government ◽  
Tuition Fees ◽  
Private Partnership ◽  
Tony Blair ◽  
The Public ◽  
Margaret Thatcher ◽  
The United Kingdom ◽  
The Government

In May 2010, a general election in the United Kingdom produced a coalition government headed by David Cameron's Conservatives and (nominally) the Liberal Democrats under deputy PM Nick Clegg. The coalition (still in power in 2014) quickly plunged the nation into a period of postcrash austerity the likes of which had not been seen for generations. When I landed at Heathrow in June 2012 to start a new job at Queen Mary University of London, the ground was thick with casualties—and getting thicker. Significant challenges to the U.K. welfare state have been launched before, of course: most visibly and famously under Margaret Thatcher, perhaps more insidiously and tenaciously under Tony Blair. Blair, having learned the lessons of Thatcher's blunt brutality, was a consummate salesman of the public–private partnership, but in 2010 the facade of “feel good” neoliberalism was almost instantly in danger of cracking. Shortly after the election, Clegg backtracked on his promise not to raise tuition fees, allowing the government to triple university students' annual bills to £9,000. By the end of that year protests had taken over the streets; Brits of all social classes were struggling, and angry.

scholarly journals From ‘herd immunity’ to ‘stay home’ to ‘stay alert’: United Kingdom’s response to COVID-19

2020 ◽  
Vol 18 (1) ◽  
pp. 46-58
Author(s):  
Robert O. Nartowski ◽  
Lucy Huby ◽  
Ruairidh Topham ◽  
Szymon Golen ◽  
Katrin Brückner ◽  
...  
Keyword(s):  
Public Health ◽  
United Kingdom ◽  
Herd Immunity ◽  
The Public ◽  
Health Measures ◽  
Governmental Organizations ◽  
The United Kingdom ◽  
Bed Capacity ◽  
The Government ◽  
Governmental Response

The outbreak of the COVID-19 pandemic has resulted in various public health responses around the globe. Due to the devolved powers of the United Kingdom, the response has been centralized but simultaneously greatly differing across England, Wales, Scotland, and Northern Ireland. The following article examines the governmental responses to the outbreak, the public health measures taken, data collection and statistics, protective equipment and bed capacity, the society’s response, and lastly, the easing of the lockdown restrictions. In terms of the governmental response, the COVID-19 pandemic was initially met with less urgenon/populacy and social distancing, along with the development of herd immunity, were first mentioned. As the virus continued to spread, the government started imposing stricter measures and a lockdown was implemented. Tests were conducted using a five pillar typology. The collection of information, particularly on COVID-19 associated deaths, varied across the United Kingdom and among the governmental organizations due to differing definitions. In term of hospital bed availability, the rate of hospitalizations was the highest from late March to early April of 2020. Temporary hospitals were constructed, however, they mostly went unused. The United Kingdom society was generally compliant in adapting to the lockdown and trust in the government rose. Nonetheless, as the lockdown progressed, trust in the government began to fall. After several months, the rate of infection decreased and the lockdown in the United Kingdom was lifted in accordance with ‘Our plan to rebuild: The United Kingdom Government’s COVID-19 recovery strategy’. The slogan ‘Stay at Home. Protect the NHS. Save Lives’ was replaced with ‘Stay Alert. Control the Virus. Save Lives’.

British Council as an Instrument of Public Diplomacy of Great Britain

2017 ◽  
pp. 305-312
Author(s):  
Mykola Trofymenko
Keyword(s):  
United Kingdom ◽  
Great Britain ◽  
Public Diplomacy ◽  
Cultural Diplomacy ◽  
Foreign Minister ◽  
Cultural Relations ◽  
British Council ◽  
The United Kingdom ◽  
The World ◽  
The Government

Public diplomacy of Great Britain is one of the most developed in the EU and in the world. The United Kingdom has developed an extremely efficient public diplomacy mechanism which includes BBC World Service (which due to its popularity boosts the reputation and the image of Great Britain), Chevening Scholarships (provides outstanding foreign students with opportunity to study in Great Britain and thus establishes long-lasting relations with public opinion leaders and foreign countries elite) and the British Council, which deals with international diplomatic ties in the field of culture. The British Council is a unique organization. Being technically independent, it actively and efficiently works on consolidating Great Britain’s interests in the world and contributes to the development of public diplomacy in Great Britain.   The author studies the efforts of the British Council as a unique public diplomacy tool of the United Kingdom. Special attention is paid to the role of British Council, which is independent of the governing board and at the same time finds itself under the influence of the latter due to the peculiarities of the appointment of Board’s officials, financing etc. The author concludes that the British Council is a unique organization established in 1934, which is a non-departmental state body, charitable organization and public corporation, technically independent of the government. The British Council, thanks to its commercial activities covers the lack of public funding caused by the policy of economy conducted by the government. It has good practices in this field worth paying attention by other countries. It is also worth mentioning that the increment in profit was getting higher last year, however the issue of increasing the influence of the government on the activities of British Council is still disputable. Although the Foreign Minister officially reports to the parliament on the activities of the British Council, approves the appointment of the leaders of organizations, the British Council preserves its independence of the government, which makes it more popular abroad, and makes positive influence on the world image of Great Britain. The efficiency of the British Council efforts on fulfillment of targets of the United Kingdom public diplomacy is unquestionable, no matter how it calls its activities: whether it is a cultural relations establishment or a cultural diplomacy implementation. Keywords: The British Council, public diplomacy, cultural diplomacy, cultural relations, Foreign Office, Her Majesty’s Government, official assistance for development

The Idea–Expression Dichotomy and its Role in Software-Related Disputes

2017 ◽  
Author(s):  
Noam Shemtov
Keyword(s):  
United States ◽  
Public Policy ◽  
European Union ◽  
Software Industry ◽  
Copyright Law ◽  
The Public ◽  
Software Products ◽  
The United Kingdom ◽  
Functional Aspects ◽  
Software Copyright

This chapter examines the idea-expression dichotomy principle and its application in dealing with software copyright infringement disputes. More specifically, it asks to what extent access to ideas or information embedded in the author’s work, as well as the freedom to utilize them, is justified as a matter of copyright law jurisprudence. The chapter first traces the origins of the idea-expression dichotomy and the key milestones in its development, before discussing the arguments for and against it. It also analyses the application of the idea-expression dichotomy in software-related disputes in the United Kingdom, European Union, and United States, with particular focus on functional aspects of software products and services. Finally, it looks at the public policy considerations that stand at the heart of the idea-expression dichotomy principle and their relevance to the software-industry context.

The British Are Coming!

2018 ◽  
Author(s):  
Bernardo Bátiz-Lazo
Keyword(s):  
United Kingdom ◽  
Historical Record ◽  
Prime Mover ◽  
The Public ◽  
The United Kingdom

Chapter 3 (‘The British Are Coming!’) explains the origins of the technology in the United Kingdom. It is widely assumed that the operation of a machine in the Enfield branch of Barclays was the ‘prime mover’ in this industry. However, the historical record fails to identify a hero inventor; rather multiple independent versions of the cash machine were launched at more or less the same time in different countries. Yet in spite of the great fanfare, there was no real race to market. There is no evidence the engineers responsible for them knew of each other’s existence before this launch (but many bankers did). Four years later, very few members of the public knew the cash machine existed, even less had used them and only a handful found them convenient.

How the United Kingdom Controls Pharmaceutical Prices and Spending: Learning From Its Experience

2021 ◽  
pp. 002073142199709
Author(s):  
Marc A. Rodwin
Keyword(s):  
United Kingdom ◽  
Cost Effective ◽  
Market Prices ◽  
The United Kingdom ◽  
Generic Market ◽  
Pharmaceutical Spending ◽  
The Difference ◽  
The Government ◽  
Pharmaceutical Prices ◽  
Limit Access

To control costs and improve access, nations can adopt strategies employed in the United Kingdom to control pharmaceutical prices and spending. Current policy evolved from a system created in 1957 that allowed manufacturers to set launch prices, capped manufacturers’ rates of return, and later cut list prices. These policies did not effectively control spending and had limited effects on purchase prices. The United Kingdom currently controls pharmaceutical spending in 4 ways. (a) Since 1999, it has typically paid no more than is cost-effective. (b) Since 2017, for medicines that will have a significant budget impact, National Health Service England seeks discounts from cost-effective prices or seeks to limit access for 2 years to patients with the greatest need. (c) Since 2014, statutes and a voluntary scheme have required branded manufacturers to pay the government rebates to recoup the difference between the global pharmaceutical budget and actual spending. (d) For hospitals, generics and some patented drugs are procured through competitive bidding; community pharmacies are reimbursed through a system that provides an incentive to beat average generic market prices. These policies controlled the growth of spending, with the largest effects following budget controls in 2014. Changes since 2008 have reduced savings, first by paying more than is cost-effective for cancer drugs and then by applying higher cost-effectiveness thresholds for some drugs used to treat cancer and certain other drugs.

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