Laws and Regulations for Purchasers: Monopolies and Anti-Competitive Practices
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Added on 2023/02/02
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This presentation highlights the laws and regulations that purchasers need to follow to minimize risky situations. It also explains monopolies and anti-competitive practices in the UK and the role of the competition commission.
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Business Law Task 3
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Cover Content •Introduction •Monopolies and anti-competitive practice •Role of competition commission •Dominant position within EU common market •Instances under EU Law exemptions •References
Introduction Law is a cluster of norms, beliefs, provisions, rules and regulation which is designed and enforced by governmental institution for regulating behaviour of whole society. Therefore, this presentation is going to highlight the laws which need to be followed by purchaserwhilebuyinganyproductforminimizingthe probabilities of risky situation.Moreover, monopolies and anti- competitive practices of UK is also explained for understanding the eminent role of competition commission associated with this monopolies.
Monopoliesandanti- competitive practice Legal bodies of UK have enacted numerous of Acts and laws for preventing anti-competition practices which are described as follows- •The Competition Act 1998 •The Enterprise Act 2002 •Enterprise and Regulatory Act 2013 •Business, Innovation and Skills (BIS)
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Continue… Business, Innovation and Skills (BIS)and their main objective are – Alwaysencouragefreemarkets andfaircompetitionamongst rivalries. Encouragingbusinessestowards enhancement in productivity and also to enhance their skills.
Role of competition commission However,competitioncommissionmajorresponsibilityisto analyse whether a merger have reduce competition and after identifying it commission can suggest few things such as- Merger can move forward. Merger might get prohibited or not.
Continue… •Merger can move forward butitisessentialtodo some modifications. •Fordecidingthe recommendation, commissionneedsto analysethatbymerger whether the competition is maintained at marketplace or not.
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Dominant position within EU common market Dominant position is a term which is defined in European Union Treaty in Article 82 that states that “if there is availability of any abuse which might done because of one or more organization of dominant position at common market or in substantial part of then it must be prohibited as incompatible within common market becauseitmayinfluencetradingbetweenmemberstates of European Union”.
InstancesunderEULaw exemptions Competition commission have done some exceptions for specific contractswhichiscreatedbetweenorganizationsandthat exemptions are falls under Article 81 (3) of treaty of Rome. Basically, these exemptions are applied when the contract have significant countervailing advantages which is offered through application of “block exemption” and it is associated with specific categories of agreements or those contracts which were made in few sectors.
Continue… However,European commission is only who have anauthorityofissuing exemptions and this required to be notified for clearance. •Individual exemption •Block exemptions
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References •Hanrahan,P.F.,Ramsay,I.andStapledon,G.P.,2013. Commercial applications of company law. •Besley, T., 2015. Law, regulation, and the business climate: The nature and influence of the World Bank Doing Business project.Journal of Economic Perspectives,29(3), pp.99-120. •Ellison, N.B. and Boyd, D.M., 2013. Sociality through social network sites. InThe Oxford handbook of internet studies.