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

By Nick Gardner

This booklet offers with festival coverage from the viewpoint of a company govt. It allows a hectic reader to head directly to the enterprise perform with which he's involved and from there to a precis of the specialists' therapy of that perform. while, it offers the reader who needs so as to add an appreciation of anti-trust compliance to his expert portfolio with a finished review of the topic, including a consultant to priceless resources of extra information.

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Art 2(3} Regulation 4064/89 loint Ventures A concentration is also deemed to arise where - one or more persons already controlling at least one undertaking, or - one or more undertakings acquire, whether by purchase of securities or assets, by contract or by any other means, direct or indirect control of the whole or parts of one or more other undertakings. A joint venture is, however, deemed to create a concentration only if (a) it performs on a lasting basis all the functions of an autonomous economic entity; and, (b) it does not give rise to coordination of competitive behaviour of the parties amongst themselves or between them and the joint venture.

Articles 16 & 17 of Regulation 17) Exemptions under European Union Law The above provisions may be declared inapplicable where the practice: contributes to improving the production or distribution of goods or to promoting technical or economic progress, while allowing consumers a fair share of the resulting benefit, and does not: (a) impose on the undertakings concerned restrictions which are not indispensable to the attainment of those objectives; (b) afford such undertakings the possibility of eliminating competition in respect of a substantial part of the products in question.

Sections 2 & 35 RTP Act) The Restrictive Practices Court is required to find the relevant part of an agreement to be against the public interest unless it accepts one or more of the specific defences summarised in Table I, and is further satisfied that the practice is: not unreasonable having regard to the balance between those circumstances and any detriment to persons not party to the agreement. (Section 10 RTP Act) Exceptions under United Kingdom Law Excluded from the Act are: (a) a very wide range of professional services; (Schedule 1 RTP Act) (b) bilateral exclusive dealing agreements; and, (c) copyright and patent licences, trade marks and bilateral knowhow agreements; (Schedule 3 RTP Act) (d) agreements involving agricultural marketing boards etc and agreements involving transport undertakings; (Agriculture Act 1970 and various statutory instruments) (e) the Stock Exchange; (The RTP Stock Exchange Act 1984) The Legislative Framework 31 (f) agreements important to the national economy and approved by the order of the Secretary of State; (Section 29 RTP Act) (g) a large number of agreements concerning particular organisations (for a list, see DTIl988, Annex D).

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