By Nick Gardner
Although written essentially to be used via British businessmen, this ebook additionally goals to supply an advent to the topic of pageant coverage to scholars of legislation, of economics, and of public administration.
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Extra resources for A Guide to United Kingdom and European Community Competition Policy
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 eonsider proeedural irregularities unless they eould effeet sueh decisions. It is the duty of the Court in sueh cases to enforee the require- Regulatory Institutions and Procedures 49 ment of Article 190 of the Treaty that all decisions must be reasoned. In appeals against adecision of the Commission that there has been an infringement of the Treaty, the burden of proof lies with the Commission.
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. Facilitating entry of new competitors. RTP: Necessary to counteract measures to restrict competition or to get fair terms with dominant supplier.
RP: Removal likely to cause danger to health. all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between member states and which have as their object or effect the prevention, restrietion or distortion of competition within the common market, and in particular those which: 28 A Guide to UK and EC Competition Poliey (a) directly or indirectly fix purchase or selling prices or any other trading conditions; (b) limit or control production, markets, technical development or investment; (e) share markets or sourees of supply; (d) apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a eompetitive disadvantage ; (e) make the conclusion of eontracts subjeet to aceeptance by the other parties of supplementary obligations which, by their nature or aceording to eommereial usage, have no eonneetion with the subject of such eontracts.
A Guide to United Kingdom and European Community Competition Policy by Nick Gardner