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

By Nick Gardner

Although written essentially to be used by means of British businessmen, this ebook additionally goals to supply an creation to the topic of festival coverage to scholars of legislations, of economics, and of public administration.

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There are no criminal penalties for failure to register a registrable agreement, but parties to such an agreement are subject to actions in the civil courts. (Sections 2 & 35 RTP Act) The Restrictive Practices Court is required to find the relevant part of an agreement to be against the public interest unless it accepts one or more of the specific defences summarised in Table 1, and is further satisfied that the practice is: not unreasonable having regard to the balance between those circumstances and any detriment to persons not party to the agreement ...

Proposals to be put before Parliament would - as described in the next chapter - replace that system with an effects-based prohibition with penalties, but subject to exemptions, as provided for in Community law. Monopolies, Mergers and Anti-competitive Practices In contrast to its approach to concerted practices and resale price maintenance, British legislation makes no presumption concerning the effect on the public interest of monopolies and mergers. The jurisdiction of the competition authorities over monopolies and mergers is limited by form-based rules relating to size or market share, but within those limits the policy is implemented by a discretionary effects-based system.

Abbreviations throughout are: FTA - The Fair Trading Act 1973 RTP Act - The Restrictive Trade Practices Act 1976 RP Act - The Resale Prices Act 1976 Comp Act - The Competition Act 1980 Article - A clause of the Treaty of Rome Regulation - A European Community regulation. B CONCERTED RESTRICTIVE PRACTICES Community Law The Treaty of Rome prohibits as incompatible with the common market: The Legislative Framework 27 T ABLE 1 Public in te rest criteria (Fr denotes objective under s84 of the Fair Trading Act 1973 RTP denotes defence under slO of the Restrictive Trade Practices Act 1976 RP denotes defence under s14 of the Resale Prices Act 1976) Competition Fr: Promoting effective competition between suppliers.

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