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

By Nick Gardner

This booklet bargains with pageant coverage from the point of view of a company govt. It allows a hectic reader to head immediately to the enterprise perform with which he's involved and from there to a precis of the experts' remedy of that perform. even as, it presents the reader who needs so as to add an appreciation of anti-trust compliance to his specialist portfolio with a finished evaluation of the topic, including a advisor to necessary assets of additional information.

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

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Joint ventures fulfilling the above conditions are termed concentrative and are treated in the same way as mergers. Otherwise they are termed cooperative and may· fall under the provisions of Article 85 of the Treaty. The Legislative Framework 37 United Kingdom Law A merger situation qualifying for investigation is taken to occur if two or more enterprises cease to be distinct enterprises (as defined below), at least one of which was carried on in the United Kingdom or under the control of a body corporate incorporated in the United Kingdom and if either: (a) those enterprises would together supply or receive at least one quarter of the goods or services of a particular description supplied in the United Kingdom or a substantial part of it; or, (b) the value of the assets taken over exceeds £70 million.

The Act does not provide for the recommendation of remedies for practices found to be against the public interest, and does not empower the Secretary of State to apply remedies. Like the general references referred to above, its purpose in this connection is to obtain information and advice. 36 The Framework of Competition Policy F MERGERS AND JOINT VENTURES European Union Law Mergers A 'concentration' is deemed to arise where two or more previously independent undertakings merge. A concentration having a 'community dimension' (as defined in section B of Chapter 6 below) must be notified to the Commission and will be prohibited if, in the Commission's opinion it creates or strengthens a dominant position as a result of which effective competition would be significantly impeded in the common market or in a substantial part of it.

RTP: Removal would deny substantial benefits to consumers. RP: Removal would lead to price increases or reductions in quality and variety of goods, or in-service and after-sales service. Ff: Productive efficiency Promoting through competition, reductions in costs, and new techniques and products. Ff: Employment Promoting the balanced distribution of industry and employment. RTP: Removal would have serious and persistent adverse effect on the general level of unemployment. Ff: Exports Promoting competitive activity by UK companies in markets outside the UK.

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