Background Competition Law, United Kingdom. The United Kingdom law on competition applies to Northern Ireland. Prior to 1998, the principle competition legislation was comprised in the Restrictive Trade Practices Act, 1976 and the Resale Prices Act 1976. This consolidated earlier legislation. When the Office of Fair Trading was established 1973, the Director General of Fair […]
Control of Mergers The Enterprise Act 2002 is the basis of control of mergers in the United Kingdom. The same substantive rules were retained under the Enterprise and Regulatory Reform Act 2013, with some revisions in relation to merger investigations. On 1 April 2014, the Competition and Markets Authority (CMA) took over the functions of […]
UK Competition Act 1998 The UK legislation applies to agreements, decisions and practices implemented or intended to be implemented in the United Kingdom. Agreements subject to the prohibition are void. In accordance with general principles of legality and contracts, they may potentially be severable if the balance of the agreement can stand by itself. The 1998 […]
Anti-Competitive Agreements and Practices EU, UK and Irish legislation prohibits agreements, concerted practices and decisions by businesses or businesses association which have as their the object or effect, the prevention, restriction or distortion of competition. The prohibition covers formal and informal agreements, arrangements and tacit understandings between businesses not to compete or to limit competition. […]
Rationale Article 102 of the European Union Treaty prohibits the abuse of a dominant position with the European Union, insofar as it may affect trade between member states. The corresponding domestic legislation focuses on abuse of dominant position within the State. The prohibition applies to actions by “undertakings” which include individuals and corporations which undertake […]
Cartels A cartel is taken to be a serious instance of anti-competitive behaviour and market distortion. It usually involves an arrangement or agreement by competitors to prevent restrict or distort competition. It may involve market sharing, price-fixing collusive actions, market rigging et cetera Apart from the Competition Act (1998) provisions which created a general prohibition […]