School of Law

Professor Peter Whelan

Professor of Law

I am a Professor of Law who specialises in both competition law and criminal law. I am the Deputy Director of the Centre for Criminal Justice Studies, which is based in the School of Law.

I hold both a Degree in Law and French and a Master of Laws from Trinity College Dublin. During my primary degree, I spent a university year studying French law at the Université de Poitiers, France. I came first overall in my class in my Senior Freshman year at Trinity. I also hold a PhD in Law from St John's College, University of Cambridge. I am a US Attorney-at-Law and a registered member of the New York State Bar.

I have published widely in specialist competition law journals (in the US and in Europe) as well as in generalist law journals (including Oxford Journal of Legal Studies, Cambridge Law Journal and Modern Law Review). To date my research has been cited in over 350 publications.  For my work on antitrust criminalisation, I won the ‘Reddy Charlton McKnight Prize for Legal Scholarship', which was awarded by the Trinity College Law Review. In 2014, I was nominated for an ‘Antitrust Writing Award’, which is organised by Concurrences Review and George Washington University Law School Competition Law Center.

My research has been cited in European and South American judgments. My work on antitrust criminalisation was quoted with approval by Mr Justice McKechnie in the Central Criminal Court (High Court) in Dublin in the leading Irish criminal cartel case of DPP v. Duffy and Duffy Motors (Newbridge) Ltd [2009] IEHC 208. In December 2017, my book on cartel criminalisation was relied upon and cited in a judgment rendered by the Competition Tribunal of Chile: Judgment No. 160/2017. My work has also been cited in an antitrust decision of the Swiss Competition Commission: Online-Handels, 11 July 2011. It has also been referenced in soft law (official guidelines) in Africa: ‘Discriminatory Conduct Guidelines’, Competition Authority of Botswana, December 2014.

In November 2012, I presented oral evidence to the Commerce Committee of the New Zealand Parliament on Clause 18 of their Commerce (Cartels and Other Matters) Amendment Bill. In the spring of 2013, I was a Visiting Professor at the Institute of International Trade and Law in Moscow, Russia. In 2013, I was appointed as an International Expert by the Finnish Competition and Consumer Authority (FCCA) and in that position wrote a report advising the Finnish Ministry of Justice on the desirability of introducing criminal cartel sanctions in Finland. In Bucharest in 2014, I provided training in EU competition law to judges at various levels of the Romanian judiciary. Since 2016 I have been a Non-Governmental Advisor to the International Competition Network, which comprises over 130 of the world’s competition authorities. In 2018 at the Supreme Court of Latvia, I participated in a roundtable discussion with the Chief Justice of Latvia and a number of senior judges which focused on my research on cartel enforcement. In April 2018, in Santiago, I delivered lectures on my research at both the National Economic Prosecutor’s Office of Chile and the Competition Tribunal of Chile.

I am an Associate Member of the Centre for Competition Policy and am a peer-reviewer of grant applications under the Newton Fund of the British Council. I am a member of the peer-review colleges of the Irish Research Council and the Australian Research Council. In 2018 I was appointed as a Member of the Outer International Assessment Board for the Government of Ireland's Postdoctoral Fellowship Scheme. I have also acted as an external reviewer of grant applications for the National Science Centre, one of Poland’s main research councils.

To date, my research has been relied upon by the Australian Senate (in an official report), the Finnish Competition Authority, the International Competition Network, researchers at the Dutch Competition Authority, the (then) Chairman of the UK Competition Commission (in two policy speeches), the Chairman of the New Zealand Commerce Commission (in a report for the American Bar Association), the Australian Competition and Consumer Commission (in a submission to Parliament), the Federation of German Consumer Organisations (in a submission to the European Commission), the Business and Industry Advisory Committee (in a submission to the OECD), the Western Australian Independent Grocers Association (in a submission to Australia’s Competition Policy Review Panel), the UK Cabinet Office (in a commissioned report), UNCTAD, legal counsel at the Competition Commission of South Africa, the Research Office of the Danish Ministry of Justice, the Competition Committee of the OECD and researchers in the Competition Commission of India and the Ministry of Economic Development in New Zealand.

I am the Managing Editor of Oxford Competition Law, an innovative online national competition law case-reporting service operated by Oxford University Press. I also sit on the Editorial Boards of five journals: World Competition; Journal of Antitrust Enforcement; New Journal of European Criminal Law; Romanian Competition Journal; and Journal of Financial Crime.

I regularly present my research at home and abroad. For example, I have delivered guest lectures at the University of Oxford, the University of Cambridge, University College London, Queen’s University Belfast, Strathclyde University, City University, Hong Kong University, the Institute of International Trade and Law (Moscow), Istanbul Bilgi University (Turkey), the University of Bergen (Norway), Tel Aviv University (Israel), the University of Warsaw (Poland), Pázmány Péter Catholic University (Budapest, Hungary), the Latvian Law Institute (Riga, Latvia), NALSAR (Hyderabad, India), Christ University (Bangalore, India) and the National Law School of India University. I have also presented papers at a number of prestigious conferences, including in Canada, Chile, China, Finland, France, Germany, Holland, Hungary, Italy, Japan, Kenya, Norway, Peru, Portugal, Romania, South Africa, Spain, and at the Competition Appeal Tribunal in London. I have participated at the by-invite only annual symposium on antitrust enforcement held in Washington DC, which is organised by the Journal of Antitrust Enforcement. I have presented my research at both the Annual Conference and the Annual Cartel Workshop of the International Competition Network. I have also delivered keynote addresses at competition law conferences in the Netherlands and Chile, at the Competition Authority of Kenya in Nairobi, and at the Peruvian competition authority in Lima.

I was recently a co-investigator on the project ‘EU Social and Labour Rights under Internal Market Law’, which was funded by the European Parliament to the tune of €118,000 (Reference: IP/A/EMPL/ST/2014-02). I have also worked on competition law projects for DG Sanco (European Commission), Consumers International, British Telecom, the Competition Committee of the OECD, and the British Brands Group.

I am an elected member of the Council of the Society of Legal Scholars (‘SLS’). I also sit on the Research Grants Committee of the SLS. I am also a Member of the Academic Society for Competition Law.

Within the University of Leeds, I am a member of the following:

  • The Senate;
  • The Court;
  • The ESSL Faculty Forum; and
  • The REF Reading Group, School of Law.

In previous years I was a member of: the Examinations Group of the University’s Graduate Board (2015-2017); the ESSL Faculty Board (2015-2018); the ESSL Graduate School Committee (2015-2017); the School Management Team, School of Law (2015-2017); and the Research Committee, School of Law (2014-2017).

Prior to my coming to Leeds in 2013, I was a Senior Lecturer in Law at the UEA Law School, University of East Anglia and was a Faculty Member of the ESRC Centre for Competition Policy. Before moving to UEA, I was the Research Fellow in Competition Law at the British Institute of International and Comparative Law (BIICL) in London. In addition to conducting competition law research for BIICL, I also provided training in EU competition law to various consumer organisations across 14 EU Member States. I was also a Research Assistant (to Professor Sciarra) at the University of Cambridge and was the Managing Editor of the Cambridge Student Law Review. Before starting my academic career, I worked in New York City and in the People's Republic of China.

Research Interests

My main research interests lie in criminal law and in EU, US and UK competition law. I am particularly interested in all aspects of competition law enforcement, anticompetitive agreements, cartel criminalisation, parental liability in competition law, international cooperation in competition law and the objectives of competition law.

I have written a leading monograph on the topic of cartel criminalisation (published by Oxford University Press). I am currently writing a monograph on parental liability in EU competition law; it will be published in due course by Oxford University Press.

I discuss my research briefly in this video:

Teaching

I currently teach on the following modules:

  • Criminal Law (LAW1260, 2065 and 2066);
  • Central Issues in Criminal Law (LAW5065M);
  • Competition Law (LAW2426); and
  • International Competition Law (LAW5445M).

In previous years I have also taught Tort Law, Contract Law, EU Law, US Law, Legal Skills, and Understanding Crime. I also supervise undergraduate and postgraduate dissertations in various areas of law. I have also judged numerous moots involving undergraduate students.

I hold a Post Graduate Diploma in Higher Education Practice, which was awarded by the University of East Anglia.

From 2012 until 2016, I acted as an external examiner for seven law modules on the LLB and LLM programmes at Newcastle Law School, the University of Newcastle.

In 2017, I was appointed to the Judging Panel of the Undergraduate Awards, the world’s largest international academic awards programme that acknowledges the brightest and most innovative undergraduate students.

I am a Fellow of the Higher Education Academy.

PhD Supervision

I am happy to supervise PhD students in areas of my expertise, especially in competition law.

I currently supervise six full-time PhD students:

  • Ilaria Zavoli (international criminal law);
  • Magali Eben (competition law);
  • John Gannon (competition law);
  • Omar Mashjari (competition law);
  • Khaled AlRashidi (corruption); and
  • Zeynab Malakoutikhah (terrorist financing).

To date I have supervised three PhD students to completion and have acted as an examiner for a variety of PhD and MA theses, at both home and abroad.

Key Publications

Books (Monographs)

P. Whelan, Parental Liability in EU Competition Law, Oxford University Press, forthcoming

P. Whelan, The Criminalization of European Cartel Enforcement: Theoretical, Legal, and Practical Challenges, Oxford University Press, 2014

Books (Edited Collections)

A. Almasan and P. Whelan (eds), The Consistent Application of EU Competition Law - Substantive and Procedural Challenges, Springer, 2017

P. Marsden, M. Hutchings OBE and P. Whelan (eds), Current Competition Law V, British Institute of International and Comparative Law, London, 2007

Articles

P. Whelan, ‘Beyond the Theoretical: Articulating Enforcement Strategies for Successful European Antitrust Criminalization’ (2016) 81(1) Antitrust Law Journal 235

P. Whelan, 'Section 47 of the Enterprise and Regulatory Reform Act 2013: A Flawed Reform of the UK Cartel Offence' (2015) 78(3) Modern Law Review 493

P. Whelan, ‘Cartel Criminalization and the Challenge of Moral Wrongfulness’ (2013) 33(3) Oxford Journal of Legal Studies 535

P. Whelan, 'Cartel Criminalisation and Due Process: The Challenge of Imposing Criminal Sanctions Alongside Administrative Sanctions within the EU’ (2013) 64(2) Northern Ireland Legal Quarterly 143

P. Whelan, ‘Strengthening Competition Law Enforcement in Ireland: The Competition (Amendment) Act 2012' (2013) 4(2) Journal of European Competition Law and Practice 175

P. Whelan, ‘Legal Certainty and Cartel Criminalisation within the EU Member States' (2012) 71(3) Cambridge Law Journal 677

P. Whelan, ‘An Argument in Favour of the Passing-On Defence: A Response to Private Actions in Competition Law: A Consultation on Options for Reform’ [2012] Competition Law Journal 211

P. Whelan, ‘Improving Criminal Cartel Enforcement in the UK: The Case for the Adoption of BIS’s “Option 4”’ (2012) 8(3) European Competition Journal 589

P. Whelan, ‘Trading Negotiations between Retailers and Suppliers: A Fertile Ground for Anti-Competitive Horizontal Information Exchange?’ (2009) 5(3) European Competition Journal 823

P. Whelan, ‘Morality and Its Restraining Influence on European Antitrust Criminalisation’ (2009) 12 Trinity College Law Review 40

P. Whelan, ‘Contemplating the Future: Personal Criminal Sanctions for Infringements of EC Competition Law’ (2008) 19(2) King's Law Journal 364

P. Whelan, ‘A Principled Argument for Personal Criminal Sanctions as Punishment under EC Cartel Law’ (2007) 4(1) Competition Law Review 7

P. Whelan, ‘The Role of Third Parties in the Competition Enforcement Landscape: A Critical Review’ [2007] Competition Law Journal 41

Articles (Co-author)

P. Marsden and P. Whelan, ‘Selective Distribution in the Age of Online Retail’ (2010) 31(1) European Competition Law Review 36

P. Marsden and P. Whelan, ‘Re-Examining Trans-Atlantic Divergences in Substantive and Procedural Competition Law’ (2009) 10 Sedona Conference Journal 23

P. Marsden and P. Whelan, ‘Intervention and the Internal Market: Contemporary European Competition Initiatives Concerning Distribution in the Market for New Cars’ (2008) 4(2) European Competition Journal 485

P. Marsden and P. Whelan, ‘“Consumer Detriment” and its Application in EC and UK Competition Law’ (2006) 27(10) European Competition Law Review 569

M. Hutchings OBE and P. Whelan, ‘Consumer Interest in Competition Law Cases’ (2006) 16(5) Consumer Policy Review 180

Chapters

P. Whelan, 'Competition Law and Criminal Justice', chapter in The Intersections of Antitrust, Galloway (ed.), (Oxford University Press, 2018, forthcoming)

P. Whelan, 'European Cartel Criminalisation and Regulation 1/2003: Avoiding Potential Problems', chapter in The Consistent Application of EU Competition Law - Substantive and Procedural Challenges, Almasan and Whelan (eds), (Springer, 2017)

P. Whelan, 'Criminal Antitrust Enforcement and Procedural Fairness: A Critical Analysis', chapter in The Procedural Aspects of the Application of Competition Law, Nagi (ed.), (Europa Law Publishing, 2016)

P. Whelan, 'Criminal Cartel Enforcement in the European Union: Avoiding a Human Rights Trade-Off', chapter in Criminalising Cartels: Critical Studies of an International Regulatory Movement, Beaton-Wells & Ezrachi (eds), (Hart Publishing: Oxford, 2011)

P. Whelan, 'Protecting Human Rights in the Context of European Antitrust Criminalisation', chapter in The Reform of EC Competition Law: Towards an Optimal Enforcement System, Lianos & Kokorris (eds), (Kluwer International: Amsterdam, 2010)

P. Marsden and P. Whelan, 'The "Consumer Welfare" Standard as a Form of Substantive Protection for Consumers under European Competition Law', chapter in Own Labels, Branded Goods and Competition Policy: The Changing Landscape of Retail Competition, Bernitz & Ezrachi (eds), (Oxford University Press: Oxford, 2009)

Case Notes

P. Whelan, ‘The CISAC Judgment: How Difficult It Is To Prove a Concerted Practice’ (2013) 4(6) Journal of European Competition Law and Practice 486

P. Whelan, ‘Resisting the Long Arm of Criminal Antitrust Laws: Norris v. US’ (2009) 72(2) Modern Law Review 272

P. Whelan, ‘The Degussa Case’ (2008) 7(8) Competition Law Insight 13

P. Whelan, 'Private Enforcement and Commission Decisions: The Crehan Case' (2007) 3 Cambridge Student Law Review 108

Legal Features

P. Whelan, ‘Brexit, Competition Law and The Prospect Of Prison For Price-Fixers’, in Fraud and White Collar Crime 2016, Corporate Livewire, London, 2016

P. Whelan, ‘Criminal Enforcement’ (2013) 9(3) European Competition Journal 595

P. Whelan, 'Article 7 ECHR and the Cartel Offence' (Summer 2012) 23 CCP Research Bulletin 2

P. Whelan, 'Foreword to Special Edition: Criminal Sanctions - An Overview of EU and National Case Law', January 2012, e-Competitions, No.41902

P. Whelan, 'Something of a Burden: Is the Passing-On Defence Appropriate?' (2008) 7(9) Competition Law Insight 5

P. Whelan, 'When Markets are Failing: Part II' (2007) 6(2) Competition Law Insight 6, with P Marsden

P. Whelan, 'When Markets are Failing: Part I' (2007) 6(1) Competition Law Insight 6, with P Marsden

P. Whelan, 'Competition Law Feature: Recent Developments Concerning the Rights of Complainants and Third Parties under both UK and EC Competition Law' [2006] 14 Bulletin of Legal Developments 157

Book Reviews

P. Whelan, ‘Book Review: Sanctions in EU Competition Law (Frese)’ (2015) 11(3) European Competition Journal 637

P. Whelan, ‘Book Review: EU Competition Law Handbook (van der Woude et al)’ (2015) 36(9) European Competition Law Review 409

P. Whelan, ‘Book Review: The Criminal Law of Competition in the UK and in the US (Furse)’ (2013) 9(2) European Competition Journal 497

P. Whelan, 'Book Review: Efficiency and Justice in European Antitrust Enforcement (Wils)' (2009) 34(1) European Law Review 160

P. Whelan, 'Book Review: What About Law? (Barnard, O'Sullivan & Virgo, eds)' (2008) 4(2) Cambridge Student Law Review 337

P. Whelan, 'Book Review: The Antitrust Religion(Rockefeller)' (2008) 4(1) European Competition Journal 397

P. Whelan, 'Book Review: Global Competition Law and Economics (Elhauge & Geradin, eds)' (2008) 66(1) Cambridge Law Journal 211

P. Whelan, 'Book Review: Butterworths Competition Law Handbook (Lindrup, ed.)' (2008) 4(1) Cambridge Student Law Review 141

P. Whelan, 'Book Review: Criminalization of Competition Law Enforcement: Economic and Legal Implications for the EU Member States (Cseres, Schinkel & Vogelaar, eds)' (2006) 2 European Competition Journal 451

Conference Papers

P. Whelan, ‘Ensuring the Effectiveness of Competition Policy: A Case Study of Cartel Criminalisation’, paper presented at the 10th Annual Conference on Competition Law, Economics and Policy, Cape Town, South Africa, 6 October 2017

P. Whelan, 'The Appropriateness of the Passing-On Defence in Private Competition Law Enforcement', paper presented at the UKAEL Conference: 'Competition and Private Enforcement: The Next Steps', University College London, 4 July 2008

P. Marsden and P. Whelan, 'The Concept of Price Discrimination under EC and UK Law', paper presented to the American Bar Association (ABA), Antitrust Teleseminar Series, 27 February 2006

P. Marsden and P. Whelan, 'The Contribution of Bilateral Trade or Competition Agreements to Competition Law Enforcement Cooperation between Canada and Chile' (London: CEPR, 2005), paper presented at the Centre for Economic Policy Research (CEPR) Conference, Brussels and Paris, April and October 2005

P. Marsden and P. Whelan, 'The Contribution of Bilateral Trade or Competition Agreements to Competition Law Enforcement Cooperation between Canada and Costa Rica' (London: CEPR, 2005), paper presented at the Centre for Economic Policy Research (CEPR) Conference, Brussels and Paris, April and October 2005

P. Marsden and P. Whelan, 'The Contribution of Bilateral Trade or Competition Agreements to Competition Law Enforcement Cooperation between the EU and Mexico' (London: CEPR, 2005), paper presented at the Centre for Economic Policy Research (CEPR) Conference, Brussels and Paris, April and October 2005

Legal Submissions

P. Whelan, ‘Submission to the Economic Development, Science and Innovation Committee of the New Zealand Parliament on the Commerce (Criminalisation of Cartels) Amendment Bill’, 17 March 2018

P. Whelan, 'Report Examining the Desirability of Introducing Criminal Sanctions for Cartel Activity', Submitted to the Finnish Competition and Consumer Authority, 30 April 2014

P. Whelan, 'Submission to the Commerce Committee of the New Zealand Parliament on the Commerce (Cartels and Other Matters) Amendment Bill', 5 September 2012

P. Whelan, 'Response to Private Actions in Competition Law: A Consultation on Options for Reform', Submission to the (UK) Department for Business, Innovation and Skills, June 2012

P. Whelan, ‘Reforming the UK Cartel Offence: A Response to A Competition Regime for Growth: A Consultation on Options for Reform’, Submission to the (UK) Department for Business, Innovation and Skills, June 2011

F. Liberatore, P. Marsden, F. Murphy and P. Whelan, 'Reform of Regulation 1/2003: Correcting the Current Lack of Effective Communication: The Competition Law Forum's Submission to the European Commission in relation to its Consultation on Regulation 1/2003', BIICL, London, 30 September 2008

 

 

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