A Guide to United Kingdom and European Union Competition by Nick Gardner

By Nick Gardner

This ebook bargains with festival coverage from the viewpoint of a enterprise government. It allows a hectic reader to head instantly to the company perform with which he's involved and from there to a precis of the specialists' remedy of that perform. whilst, it presents the reader who needs so as to add an appreciation of anti-trust compliance to his expert portfolio with a entire evaluate of the topic, including a advisor to valuable resources of additional information.

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Additional resources for A Guide to United Kingdom and European Union Competition Policy

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The Anti-Competitive Practices (Exclusions) Order 1980 as amended by the Anti-Competitive Practices (Exclusions) (Amendment) Order 1994) General References Particular classes of practices, such as discounts to retailers and the restrictions upon advertising by solicitors, may be investigated at the request of the Secretary of State to determine their effect on the public interest under the provisions of the Fair Trading Act 1973, where they are: (a) practices of a specified class which in his opinion are commonly adopted as a result of, or for the purpose of preserving, monopoly situations, or (b) practices which appear to him to be uncompetitive practices The report of the inquiry may, if required, include recommendations concerning remedial action, but the Act does not itself empower the Secretary of State to apply any remedy.

The Court also has the power to review and alter penalties imposed by the Commission. The Court rules only on legally binding decisions, and does not normally consider procedural irregularities unless they could effect such decisions. It is the duty of the Court in such cases to enforce the requirement of Article 190 of the Treaty that all decisions must be reasoned. In appeals against a decision of the Commission that there has been an infringement of the Treaty, the burden of proof lies with the Commission.

The latter, as has been seen, seeks primarily to prevent monopolisation. In contrast, the competition legislation of the Treaty of Rome was concerned with the abuse of monopoly power rather than its existence. Subsequent interpretations established, however, that a merger which increases the market power of a dominant firm could itself be condemned as an abuse, and further legislation provided for the prohibition of any merger which creates or strengthens a dominant position and so restricts competition.

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