Andrew ScottAndrew Scott

Email: a.d.scott@lse.ac.uk
Administrative support: Susan Hunt
Room: New Academic Building 6.25
Tel.020-7955-7259

Andrew Scott is a graduate of Queen’s University, Belfast (LLB Hons, MPhil) and the University of Wales (PhD). He held a senior lectureship at Norwich Law School, UEA before taking up a post at the London School of Economics in 2006.

see also Andrew Scott's LSE Experts page

see also MediaPaL@LSE
 

Research interests

Andrew’s research interests lie in the fields of media law and regulation, constitutional law and competition law. His current research agenda includes one or more projects on the role of competition law in the media sector, the law of contempt, privacy and defamation, broadcasting regulation and freedom of political expression, and the regulation of journalistic newsgathering practices. He is contributing new chapters on privacy to the forthcoming edition of Carter-Ruck on Libel and Privacy and on interference with witnesses to the new edition of Borrie and Lowe: the Law of Contempt, and is also currently working on a general monograph on media law. His past research has considered aspects of merger control (in the UK, EU and US), international and domestic antitrust issues, media mergers, and the regulation of political expression. It has been funded by, among others, the ESRC, DENI, and the Irish Competition Authority.

 

External activities

  • Competition law editor, Journal of Business Law

  • General editor, Sweet & Maxwell Encyclopedia of Competition Law

  • Visiting professor at Westfälische Wilhelms-Universität Muenster, and formerly at Universität Trier, Germany

  • Consultant advisor, Irish Competition Authority, BBC Trust, Financial Reporting Council

  • Member of the Managing Editorial Team of the European Journal of Law and Technology (formerly the Journal of Law, Information and Technology)

 

Teaching

Books  

Merger Control in the United Kingdom (OUP, 2006); with M Hviid and B Lyons

Merger Control in the UK - cover

Merger control in the United Kingdom has recently entered a new phase in its development. The advent of the relevant aspects of the Enterprise Act 2002 has been welcomed as a 'depoliticisation' of the regime. The role of the Secretary of State has been all but excised, and the substantive criteria against which mergers are assessed have been revised to offer formally a competition-based standard. Together with guidance published subsequently, the reforms also prescribe a range of new procedural guarantees for those parties affected under the regime. In addition, the EC merger control regime and in particular the nature of its relationship with the competent authorities of the Member States has been significantly revised.

It is against this backdrop that the authors - leading experts with first rate regulatory, practical and academic experience - offer a comprehensive statement of the law, architecture, and procedure of merger control in the United Kingdom; explain the factors pertinent to the economic appraisal of mergers in a manner accessible to a legal audience; and give invaluable practical guidance on managing the transactional process and regulatory risk.

click here for publisher's site

Encyclopedia of Competition Law (London: Sweet & Maxwell, 1987/2002); general editor

The Encyclopedia of Competition Law collates and consolidates all the diverse sources of both primary and secondary competition law in the UK and the EU. * Narrative commentary explains current law and practice in the UK and EU * Full texts of relevant UK and EU legislation with annotations * Case summaries are included for clearer understanding

click here for publisher's site

 

Selected articles
and chapters in books		  

'Interference With Witnesses', in Cram (ed) (2009) Borrie & Lowe: the Law of Contempt. 4th edn, London: LexisNexis, chapter 10 [FORTHCOMING]

'Flash Flood or Slow Burn?: celebrities, photographers and the Protection from Harassment Act' (2009) Media & Arts Law Review, 14 [FORTHCOMING]

'The Evolution of Competition Law and Policy in the United Kingdom'. C-Cier (ed), Countries' Adoption of New Competition Laws (Jaipur: CUTS-International, 2009 [FORTHCOMING]

'The Same River Twice?: Jameel v Wall Street Journal Europe' (2007) Communications Law, 12(2), 52-59

‘Tweedledum and Tweedledee?: Regime Dynamics in US and EC Merger Control’. Marsden (ed), Handbook of Research in Trans-Atlantic Antitrust (London: Edward Elgar, 2007)

‘Last Rites for the Two-Thirds Rule in EC Merger Control?’ [2006] Journal of Business Law, 619-630

‘Cain and Abel?: Trade and Competition Laws in the Global Economy’ (2005) Modern Law Review, 68(1), 134-154

‘The Cutting of Teeth: IBA Health v Office of Fair Trading’ [2004] Journal of Business Law, 672-683

Examines the Court of Appeal's judgment in IBA Health Ltd v Office of Fair Trading on whether the Office of Fair Trading (OFT) had erred by failing to refer a proposed merger between two leading providers of healthcare software to the Competition Commissioner for an investigation of its likely effect on competition. Looks at the legal and factual background to the case, focusing on: (1) the interpretation of the Enterprise Act 2002 s.33 and the respective responsibilities of the OFT, the Competition Commission and the Competition Appeal Tribunal; and (2) the OFT's duty to give reasons to support its decisions.

click here for access via Westlaw [ON CAMPUS]
click here for access via Westlaw [OFF CAMPUS]

'"A Monstrous and Unjustifiable Infringement”: Political Expression and the Broadcasting Ban on Advocacy Advertising’ (2003) Modern Law Review, 66(2), 224-244

This paper considers the legality of the broadcasting prohibition on 'advocacy advertising'– the use of advertising space to communicate social, political and moral arguments to a wider public – in the light of the growing jurisprudence on the freedom of political expression. The prohibition is currently found in the Broadcasting Act 1990, and the Government has proposed its reiteration in the forthcoming Communications Bill to fall within the regulatory ambit of OFCOM. The paper begins by introducing and illustrating advocacy advertising and the restrictions upon it. It proceeds to review the relevant jurisprudence on political expression, to analyse the familiar arguments in favour of retention of the prohibition, and to weigh the counter-arguments. The paper concludes that the purported justifications sit ill against existing legal rulings, and evidence a poor understanding of the critical sophistication of the public as a broadcasting audience. It suggests that a continuation of the prohibition would be unlawful.

click here for full text via Blackwells Synergy [ON CAMPUS]
click here for full text via Blackwells Synergy [OFF CAMPUS]

‘Winter Talk by the Fireside?: Tacit Collusion and the Airtours Case’ [2003] Journal of Business Law, 298-314

Analyses the Court of First Instance's ruling in favour of Airtours Plc, challenging a Commission decision to block its merger with First Choice, and its anticipated repercussions for Commission procedures and the judicial review process because of the time taken for the case to be heard following the blocking of the merger in 1999.

click here for access via Westlaw [ON CAMPUS]
click here for access via Westlaw [OFF CAMPUS]

 

Reports / discussion papers

'Four Papers on Contempt of Court and Media Publicity: UK Law and Enforcement, Comparable Jurisdictions, the Empirical Evidence, and Future Options'. LSE / BBC Forum on Contempt of Court and Media Publicity, October 2008 (90pp);

Audit Continuity Plan: Assessing the Competition Law Implications (2007) Report prepared for the Financial Reporting Council (25pp)
 

Media Mergers: A Framework for Analysis (2006) Report prepared for the Irish Competition Authority (120pp - with Hargreaves Heap, Gaudeul, and Akman)

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