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 […]
Overview The export potential of a business should be considered both in terms of its readiness to trade abroad and the suitability of its products and services for overseas consumption. Market research is vital to identify and evaluate the target market. The business should have a marketing strategy, financial resources and the required personnel. The […]
Options The best option for the transport of goods on export will depend on the destination and on the type of goods concerned. The following options may be available: air freight; carriage by sea; roll on roll off ferry transport / transport by road; consolidation of consignments by a freight forwarder; express courier. The Irish […]
Bill of Lading A bill of lading is a multi-function document, commonly used in international maritime trade. It acts as a receipt for the goods by the carrier. It usually sets out the terms of carriage. It may incorporate the terms of the charter party (the lease) of the ship which carries the goods. It […]
Application of Conventions There are a number of different regimes applicable to air transport depending on whether the relevant states have ratified and implemented the particular Convention or or an amendment or protocol to it. Where the place of departure and destination under the contract or carriage are in two States party to the original […]
General The exporter will not wish to part with the goods until he has received payment, or at least confirmation that his draft has been accepted by a creditworthy entity such as a bank. The buyer on the other hand will wish to postpone payment until the goods or documents are in his possession control. […]
Bills of Exchange The key characteristic of a bill of exchange is that it is an unconditional obligation to pay. Payment cannot be refused because of some alleged failure to perform the transaction for which the Bill of Exchange is payment. A bill of exchange may be payable immediately or on or by a certain […]