Get A Guide to United Kingdom and European Union Competition PDF

By Nick Gardner

ISBN-10: 1349136727

ISBN-13: 9781349136728

ISBN-10: 1349136743

ISBN-13: 9781349136742

This ebook bargains with festival coverage from the perspective of a company government. It allows a hectic reader to move directly to the company perform with which he's involved and from there to a precis of the gurus' remedy of that perform. even as, it presents the reader who needs so as to add an appreciation of anti-trust compliance to his expert portfolio with a complete assessment of the topic, including a advisor to worthy assets of extra information.

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Extra info for A Guide to United Kingdom and European Union Competition Policy

Example text

The EU authorities have established that decisions in particular cases may be used to deter others from further occurrences of the practices in question. There is no clear indication to that effect in United Kingdom law. Its regulatory bodies may therefore choose either to base each judgement solely upon the direct consequences of the practice before them, or to give weight also to the longer-term consequences of practices of that type. Such a dilemma could, for example, arise where the direct consequences of a merger for the public interest are finely balanced, but where that merger contributes to an upward trend in the growth of market power in an already concentrated industry.

Powers to enter premises and examine business records are also provided by Article 14 of Regulation 17. A Commission official may demand entry - if necessary without warning - on production of a written authorisation indicating the purpose and subject matter of the investigation. He is normally accompanied by an official of the Office of Fair Trading. There is no right of forcible entry, but the Commission may if necessary obtain an order from the High Court requiring admission. Business records may be copied but not removed, and oral Regulatory Institutions & Procedures 53 explanations may be asked for.

More recent regulations also provide for an 'opposition procedure', under which certain agreements which do not automatically qualify for exemption may be notified to the Commission, and will then be considered exempt if the Commission does not take exception to them within a stated period. Advisory notices on particular topics are also issued from time to time, and much of the Commission's work is done informally in response to requests for advice. It is probable that a major consequence of the Commission's advisory activities has been the modification or abandonment of practices which might otherwise have attracted prohibitions and penalties.

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

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