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

By Nick Gardner

Although written essentially to be used by means of British businessmen, this ebook additionally goals to supply an advent to the topic of festival coverage to scholars of legislations, of economics, and of public administration.

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

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It was implemented in Britain by s77-85 of the Patents Act 1977. The use of national patents, copyrights, and so on, to restrict the import of goods from other member states is, however, regulated by the Treaty of Rome: Quantitative restrictions on imports, and all measures having equivalent effect shall without prejudice to the following provisions, be prohibited between member states. (Article 30) 40 A Guide to UK and EC Competition Policy Among the provisions referred to is: The provisions of Article 30 .

Consumer benefits Fr: Promoting the interests of users in respect of prices, quality and variety. l 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. Productive efficiency Fr: Promoting through competition, reductions in costs, and new techniques and products. Employment Fr: Promoting the balanced distribution of industry and employment. RTP: Removal would have serious and persistent adverse effect on the general level of unemployment.

The aetual wording of the antitrust legislation is, however, exelusively eoncemed with competition and, until 1977, it was interpreted to exelude eonsideration of offsetting gains in productive efficieney. In one merger ease, the Supreme Court went so far as to rule that not only were gains in produetive efficieney no defence, but that they eould aetually be used to attaek a merger proposal sinee small rivals eould be damaged thereby (Brown Shoe, 1962). In 1977, the Supreme Court overruled previous preeedents and aceepted that gains in the efficieney of distribution provided a valid defence of loeational restrictions under a franchising arrangement (Sylvania, 1977).

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