Legislation Regarding Monopolies and Anti-Competitive Activity

This presentation discusses the legislation regarding monopolies and anti-competitive activity, as well as the dominant position within the EU market. It covers the competition law in the UK, the role of the Competition Commission, and the state of affairs related to exemptions. The presentation also includes case laws and references for further reading.

Bsuiness Law
Task 3

Content
• Introduction
• Monopolies and anti-competitive legislation in UK
• Competition commission with the context of monopolies
and anti-competitive
• Dominant position inside the EU market
• State of affairs related to exemption is render to them
• References

Introduction
Nowadays, it become essential for everyone to know about
rules and regulation regarding everything so that they can
protect their rights.
In this presentation, legislation regarding monopolies and
anti-competitive has been discussed. Furthermore,
dominant position within EU market is explained.

Monopolies and anti-competitive
legislation in UK
Competition law of United Kingdom forbidden any non-
competitive activity within the market and has all the rights
to research any case of its concern. UK Competition law
gets overrun by British similarly as EEC parts.

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Case Law
Eagle Retail Investments Ltd/ Early learning centre. In this parties
are Eagle Retail Investment Ltd is a newly incorporated
company where it is holding the shares of many organisations.
In contrary to this, Early learning holding ltd is parent company of
ELC (Early Learning Centre) and it deals in the business of
manufacture and retailing children toy’s with in UK.

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Transaction, Eagle acquired 100% of issued share capital of ELH
on 2nd April 2004. As this transaction was notified on 13th April
and its statutory deadline were expiring on 1st August 2004.
Jurisdiction, the result of this transaction is that Eagle and ELH
ceased to be distinct. According to provision of Enterprise Act
2002, turnover of ELC exceed £70 million.

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Decision, the judgement of court was held that this merger
will not be referred to the Competition Commission under
section 22(1) of this act.

Competition commission with the context of
monopolies and anti-competitive
Monopoly is controlled by Competition commission which was
recognized in 1998 to manage acquisitions, joint ventures, any
mergers, and non-competitive activity inside the marketplace.
It arranged the monopolies and mergers commission.
workplace of truthful mercantilism refers the problems to the
commission.

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Case law, Fresh express store/TESCO plc, this ruling was
related with the grocery retailing. Here parties are TESCO
and another is Somerfield limited. Somerfield store was
acquired by Co-operative group in 2009. The currently
administration of this company is FreshXpress.

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Here, decision of Officer of Fair Trading was held that lease
property is not properly qualifying under the investigation
which are made by them.
Along with this, it is also not covering under the act of
merger because this is not defined in enterprise act of
section 129.

Dominant position inside the EU
market
Dominant position is the situation in which the organisation
gets unfair advantage from market. It harms the other
companies in the same industry.
In Dominant position, one firm having an effect over entire
market space through they maintain robust position within
the market which ends exploitation of client.

State of affairs related to exemption
is render to them
As per the business law and provision of article of 102 it
involves exemptions this will classify the behaviour of 3
types. The exemption is provided to those that area unit
ready to tested that anti-competitive practices area unit
edges for the complete market.
There are many provisions in article of business law in
which rules and regulation and have to be fulfilled by them.

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Below mention are some practices which are accessible in anti-
competitive and can be performed by parties in suitable manner.
•The cost of goods and services should be set in such a manner
which does not cause harm to any domestic company and it also
include trade price also.
•To restrict the entry of those companies which are creating
barrier for domestic market in order to generate profits from
them.

References
Foss, N. J. and Knudsen, C., 2013. Towards a competence
theory of the firm (Vol. 2). Routledge.
Grundfest, J. A., 2010. The SEC's Proposed Proxy Access
Rules: Politics, Economics, and the Law. The Business
Lawyer. pp.361-394.
Haselmann, R., Pistor, K. and Vig, V., 2010. How law
affects lending. Review of Financial Studies. 23(2).
pp.549-580.

Thank You!