By Nick Gardner
Although written basically to be used via British businessmen, this ebook additionally goals to supply an creation to the topic of pageant coverage to scholars of legislation, of economics, and of public administration.
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Additional resources for A Guide to United Kingdom and European Community Competition Policy
Section 8 FT A) A monopoly situation in relation to the supply of services in the Uni ted Kingdom is defined in the same terms as for the supply of goods above, except that services may be treated as supplied in the Uni ted Kingdom if the supplier: (a) has a place of business in the United Kingdom, or (b) controls the relevant activities from the United Kingdom, or (c) being a body corporate, is incorporated under the law of Great Britain or of Northern Ireland. (Section 7 FTA) The Legislative Framework D 35 RESTRICTIVE PRACTICES UNDER THE COMPETITION ACT, AND GENERAL REFERENCES UNDER THE FAIR TRADING ACT Competition Act References As noted above, restrictive practices by dominant firms which do not fall within the scope of the Restrictive Trade Practices Act may be dealt with under British law by a monopoly reference under the Fair Trading Act.
Article 85(1» Any such agreements are automatieally void. (Article 85(2» Breaehes of the prohibition may attract fines of up to ten per cent of turnover, and periodic penalties may be imposed for eontinuing breaches. (Articles 16 & 17 of Regulation 17) Exemptions under Community Law The above provisions may be declared inapplieable where the praetice: contributes to improving the production or distribution of goods or to promoting teehnieal or eeonomic progress, while allowing eonsumers a fair share of the resulting benefit, and does not: (a) impose on the undertakings concerned restrietions 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 produets in question.
The use of national patents, copyrights, and so on, to restrict the import of goods from other member states is, however, regulated by the Treaty of Rome: Quantitative restrictions on imports, and all measures having equivalent effect shall without prejudice to the following provisions, be prohibited between member states. (Article 30) 40 A Guide to UK and EC Competition Policy Among the provisions referred to is: The provisions of Article 30 . . shall not preclude prohibitions or restrictions on imports ...
A Guide to United Kingdom and European Community Competition Policy by Nick Gardner