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

By Nick Gardner

This publication offers with festival coverage from the perspective of a company government. It permits a hectic reader to head directly to the company perform with which he's involved and from there to a precis of the professionals' remedy of that perform. while, it offers the reader who needs so as to add an appreciation of anti-trust compliance to his expert portfolio with a entire evaluation of the topic, including a consultant to worthy assets of extra information.

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The breaking up of giant corporations such as Standard Oil and IT&T are among its more dramatic achievements, and it has undoubtedly had a pervasive effect upon business behaviour throughout the United States. E THE EUROPEAN UNION APPROACH The European Union approach, like the United States approach, offers a practical example of the operation of competition policy in ways that might be considered as alternatives to some features of the British approach. It is also of more direct interest because of the way that it impinges directly upon the behaviour of British businessmen.

A person is regarded as 'having control' of an enterprise if he is able directly or indirectly materially to influence the policy of that enterprise, although not having a controlling interest in it. ) 38 The Framework of Competition Policy If as a result of a reference to the Monopolies and Mergers Commission, a merger situation qualifying for investigation is found to exist and it is found that it operates or may be expected to operate against the public interest (as defined in Table 1) the Secretary of State is empowered to take action to remedy or prevent any adverse effects specified in the Commission's report.

Article 85(2» Breaches of the prohibition may attract fines of up to ten per cent of turnover, and periodic penalties may be imposed for continuing breaches. (Articles 16 & 17 of Regulation 17) Exemptions under European Union Law The above provisions may be declared inapplicable where the practice: contributes to improving the production or distribution of goods or to promoting technical or economic progress, while allowing consumers a fair share of the resulting benefit, and does not: (a) impose on the undertakings concerned restrictions which are not indispensable to the attainment of those objectives; (b) afford such undertakings the possibility of eliminating competition in respect of a substantial part of the products in question.

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