jiffy wrote:
Simple its against ALL competition laws wish I had the cash see me in European court (well before OFT saw the light)
I think the problem is that competition law doesn't apply to councils carrying out regulatory functions, or they would have been challenged years ago.
It's the same with the Royal Parks case last year, which concerned a London minicab being prosecuted for driving in one of the parks, which breaches by-laws - only black cabs are allowed.
I can't remember the details of the case but I think the firm (Addison Lee??) said that it breached their right to "peaceful enjoyment of property" under the Human Rights Act - they argued that this right must be available in a non-discriminatory manner and that allowing only black cabs to use the parks breached this right.
But the judge said that because the bye-laws were regulatory in manner then they were permissable as long as the grounds seemed reasonable.
Let's face it if we could rely on the competition law and the Human Rights Act then quotas and things like WAV only licenses, PH being barred from bus lanes etc would have been swept away years ago.
However, you may be right Mr Jiffy, there could be an avenue under European Law (free movement of workers and capital) but I think this only applies to people in one country wanting to move to another, and not people in one country wanting to challenge that country's law.
So perhaps a Frenchman could challenge Brighton's restricted numbers under European law, but a Brighton PH driver or jockey couldn't
I wouldn't take the above as a definitive statement of the law, but it's probably not far off it, but if you want it chapter and verse, see a good competition lawyer - only several hundred pounds an hour
Alternatively, wait for the OFT and hopefully they and/or the Competition Commission and government will do it for free
Or
pro bono, as our competition lawyer might put it
Dusty