OFT hampered by slow system

PETER RODGERS

Business Editor

The OFT's investigation into BSkyB's sports contracts comes under an old and cumbersome piece of legislation which the Government has promised to toughen.

The Department of Trade and Industry has indicated that it will give the OFT powers to prohibit restrictive practices as soon as they come to light and to levy fines immediately.

This would be part of a package of measures, including new powers for the OFT to seize documents and raid premises, which the Government announced that it favoured as long ago as 1993.

However, promised legislation to implement the powers has failed to materialise in successive Queen's Speeches. Ian Lang, the President of the Board of Trade, is to publish a new consultation document on the issue early next year and is studying whether to introduce some of the changes without full-scale legislation.

The promised prohibition approach to restrictive practices would short- circuit the present procedure, under which agreements between firms must be registered.

They are then sent to the Restrictive Practices Court to decide whether they should be banned.

This is time-consuming, and a company is only penalised if it subsequently ignores a ban decided upon by the court.

The prohibition system, which is used by the European Commission's competition authority, has the advantage of allowing immediate bans on undesirable practices. It is then up to the defendant to challenge the competition authority ruling in court.

The other investigation into BSkyB's position in the pay-TV market is under monopolies legislation, an area where the Government said in 1993 it does not intend to introduce a prohibition approach.

John Bridgeman, the director-general of Fair Trading, has also suggested to Mr Lang that the OFT should be given the power to make direct references of mergers to the Monopolies and Mergers Commission, a power Mr Bridgeman now has only for monopoly inquiries.

News
people
News
i100
Arts and Entertainment
Jeremy Clarkson has rejected criticisms of his language, according to BBC director of television Danny Cohen
tv
Arts and Entertainment
Judi Dench appeared at the Hay Festival to perform excerpts from Shakespearean plays
tvJudi Dench and Hugh Bonneville join Benedict Cumberbatch in BBC Shakespeare adaptations
PROMOTED VIDEO
Life and Style
fashion David Beckham fronts adverts for his underwear collection
Arts and Entertainment
Exhibition at the Centre Pompidou in Metz - 23 May 2012
art
News
i100Most young people can't
Extras
indybest
Sport
Is this how Mario Balotelli will cruise into Liverpool?
football
Arts and Entertainment
Alfred Molina, left, and John Lithgow in a scene from 'Love Is Strange'
film
News
ebooksAn evocation of the conflict through the eyes of those who lived through it
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs Money & Business

Head of Service and Support (Financial Services, ITIL, ORC, TT)

£75000 per annum: Harrington Starr: Head of Service and Support (Financial Ser...

Calypso Developer

£700 per day: Harrington Starr: Calypso Developer Java, Calypso, J2EE, JAXB, ...

Service Delivery Manager - ITIL / ServiceNow / Derivatives

£60000 - £75000 per annum: Harrington Starr: A leading Financial Services orga...

Senior Quantitative Developer

£700 per day: Harrington Starr: Quantitative Developer C++, Python, STL, R, PD...

Day In a Page

Middle East crisis: We know all too much about the cruelty of Isis – but all too little about who they are

We know all too much about the cruelty of Isis – but all too little about who they are

Now Obama has seen the next US reporter to be threatened with beheading, will he blink, asks Robert Fisk
Neanderthals lived alongside humans for centuries, latest study shows

Final resting place of our Neanderthal neighbours revealed

Bones dated to 40,000 years ago show species may have died out in Belgium species co-existed
Scottish independence: The new Scots who hold fate of the UK in their hands

The new Scots who hold fate of the UK in their hands

Scotland’s immigrants are as passionate about the future of their adopted nation as anyone else
Britain's ugliest buildings: Which monstrosities should be nominated for the Dead Prize?

Blight club: Britain's ugliest buildings

Following the architect Cameron Sinclair's introduction of the Dead Prize, an award for ugly buildings, John Rentoul reflects on some of the biggest blots on the UK landscape
eBay's enduring appeal: Online auction site is still the UK's most popular e-commerce retailer

eBay's enduring appeal

The online auction site is still the UK's most popular e-commerce site
Culture Minister Ed Vaizey: ‘lack of ethnic minority and black faces on TV is weird’

'Lack of ethnic minority and black faces on TV is weird'

Culture Minister Ed Vaizey calls for immediate action to address the problem
Artist Olafur Eliasson's latest large-scale works are inspired by the paintings of JMW Turner

Magic circles: Artist Olafur Eliasson

Eliasson's works will go alongside a new exhibition of JMW Turner at Tate Britain. He tells Jay Merrick why the paintings of his hero are ripe for reinvention
Josephine Dickinson: 'A cochlear implant helped me to discover a new world of sound'

Josephine Dickinson: 'How I discovered a new world of sound'

After going deaf as a child, musician and poet Josephine Dickinson made do with a hearing aid for five decades. Then she had a cochlear implant - and everything changed
Greggs Google fail: Was the bakery's response to its logo mishap a stroke of marketing genius?

Greggs gives lesson in crisis management

After a mishap with their logo, high street staple Greggs went viral this week. But, as Simon Usborne discovers, their social media response was anything but half baked
Matthew McConaughey has been singing the praises of bumbags (shame he doesn't know how to wear one)

Matthew McConaughey sings the praises of bumbags

Shame he doesn't know how to wear one. Harriet Walker explains the dos and don'ts of fanny packs
7 best quadcopters and drones

Flying fun: 7 best quadcopters and drones

From state of the art devices with stabilised cameras to mini gadgets that can soar around the home, we take some flying objects for a spin
Joey Barton: ‘I’ve been guilty of getting a bit irate’

Joey Barton: ‘I’ve been guilty of getting a bit irate’

The midfielder returned to the Premier League after two years last weekend. The controversial character had much to discuss after his first game back
Andy Murray: I quit while I’m ahead too often

Andy Murray: I quit while I’m ahead too often

British No 1 knows his consistency as well as his fitness needs working on as he prepares for the US Open after a ‘very, very up and down’ year
Ferguson: In the heartlands of America, a descent into madness

A descent into madness in America's heartlands

David Usborne arrived in Ferguson, Missouri to be greeted by a scene more redolent of Gaza and Afghanistan
BBC’s filming of raid at Sir Cliff’s home ‘may be result of corruption’

BBC faces corruption allegation over its Sir Cliff police raid coverage

Reporter’s relationship with police under scrutiny as DG is summoned by MPs to explain extensive live broadcast of swoop on singer’s home