EU Competition Law Analysis

This assignment requires a thorough analysis of European Union (EU) competition law, focusing on key texts ('EU Competition Law: Texts, Cases, and Materials' by L. Jones), cases, and relevant materials. Students should critically evaluate the concepts discussed in the provided resources, including the impact of entrepreneurship education on entrepreneurial intentions among science, engineering, and business studies students (Maresch, 2016). Additionally, students are to explore the influence of bankruptcy law on business turnover (Rohlin & Ross, 2016) and discuss how independent professionals rise in Europe's legal landscape (Leighton, 2014). The assignment encourages a comprehensive understanding of EU competition law and its practical implications for businesses.

Business Law

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
1.1 Legal implications related to the sale of goods and supply of services................................1
1.2 The statutory provisions on the transfer of property and possession....................................2
1.3 Examination of statutory provisions on buyer’s and seller’s remedies.................................3
1.4 Product liability legal rules and statutory provisions for faulty goods.................................4
TASK 2............................................................................................................................................5
2.1 Different types of credit agreements.....................................................................................5
2.2 Legal rules on termination rights and default notices...........................................................6
2.3 Features of Agency and different types of agents.................................................................7
2.4 Assessment of rights and duties of an agent.........................................................................8
TASK 3 ...........................................................................................................................................8
3.1 Monopolies and anti-competitive practice legislation..........................................................8
3.2 Role of the Competition Commission within the context of monopolies and anti-
competitive..................................................................................................................................9
Practices......................................................................................................................................9
3.3 Governing positions within the EU common marketplace...................................................9
3.4 Postulation of EU exemption..............................................................................................10
TASK 4..........................................................................................................................................10
4.1 Identification and explanation of different types of intellectual property rights................10
4.2 Principles relating to the protection of inventions through patent rights and legal rules
preventing their infringement....................................................................................................11
4.3 Principles relating to copyright protection and the regal rules preventing their
infringement..............................................................................................................................11
4.4 Comparison of the protection of trademarks and business names .....................................11
CONCLUSION..............................................................................................................................12
REFERENCES..............................................................................................................................13

INTRODUCTION
Business law could be defined as the legal proceedings for conducting various enterprise
activities and operations. It defines all the measures to be consider while initiating any business
and ways to manage activities of it. Various issues may arise while communicating and dealing
with other organisations which could only be handled and tackled by implementing laws and
legal implications (Business Law and Legal Definition, 2016). Laws related to commercial
enterprise dealings was initially formed by British Parliament and formation included varied
functions of the organisation. Objective of the study is to apply and understand importance of
various laws. Few case studies will be used for implications of different rules as per the need of
situation. The study will also discover usage of patents, trademarks and copy-writes. Different
types of agents and their rights will also be studied in the report.
TASK 1
1.1 Legal implications related to the sale of goods and supply of services
Irrespective of the exclusion clause, it can be concluded that Ben has rights to return his
car to the dealer back as per the given case scenario. The reason behind initiating return to the
car dealer was no explanations were given to the Ben about the legal terms related to sell of
products and services (Archer, 2014). Inapplicable considerations of exemption clause was there.
Two remarkable acts would be taken into account which has its own significance in the given
case. These are:
 Supply of services 1982
 Sale of goods 1979
Both the mentioned acts have certain sections which are : section 12, 13, 14 and 15.
There are various clauses of these acts. While conducting business activities and operations, it is
required by the sellers to take into considerations all the following sections discussed below: Title (Section 12)
To control misunderstanding and misinterpretation about the products that is being
purchased, it is always advised to acquire goods with the sellers who are authorized and
authenticated. It should be checked that they have license to sell products to the customers. It
helps in avoiding and controlling illegal and unauthenticated activities. It Oslo aid in tracking
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suspicious events. As per the given case, Ben has purchased his car from authentic dealer in
lawful manner. Description (Section 13)
This section deals with providing description of the products and services to the users is
needed to be precise and reliable (Barkemeyer, 2014.). Forgery should be avoided. Buyers
should not be misguided by providing fake details and information. While using various
promotional techniques, it should be ensured that customers do not get mislead with the
information provided by supplier. In the present scenario, in the purchase activity Ben came
across several unethical happenings while buying car from the dealer. Advertisements about the
car was shown by them that single owner owned it but in reality ownership was hold by two
people which came into existence after discovery of facts and figures made by Ben. Quality (Section 14)
It is always required to ensure that quality of the services and goods provided to the
customers should be maintained. While running business activities, top priority should be given
to the customer satisfaction. If not acquired then, company will lose consumer loyalty (Biondi
and Zambon, 2013). Success and failure of venture directly depends on it. In the case study, a
defective and damaged car was provided to the Ben. Defects began to visible once he started
using car. Car dealer was faulty in the given case as he did not maintain quality which could not
be justified. Sale of sample (Section 15)
Sample of the products are shown to enhance its sale. Ben was not provided with actual
product and final car that he got mismatched with the sample.
1.2 The statutory provisions on the transfer of property and possession
Few provisions are associated with act of sale of goods for selling commodities to the
buyer. There are three categories available for classification of goods and these are general items,
specific and indecisive. Particular products are those items which are already specified in the
statement that has been constructed between seller and customer. Products which are not
mentioned in the agreement formed between the dealing parties are known as Indecisive or
unfixed.
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Car owned by Ben comes into secondary option because there was no specification for
the type of car which he got from the dealer (Blount and Nunley, 2015). Statutory provisions for
transfer of property and possession comes under following listed acts:
1. Law of Property 1925
2. Transfer of property 1882
To transfer an ownership to somebody else lawfully involves few liable provisions which are
discussed as: Transfer ability: For customers there is requirement of adequate information about the
product that they are going to purchase which should be ensured by seller by offering
quality title along with sell of goods and products. Transfer of other rights: Along with the transfer of possession to the customer, there are
certain rights which are also required to be handover by the seller. Trading activities
which are conducted on fair grounds does not make it necessary to transfer other rights. Validation of contract: Parties involved into the procedure of transferral should not
conflict on predefined laws and processes. Certain terms and conditions are involved in
contract validation. An agreement should be formed only when both the parties have
mutual consent. By equally involving both the parties that are dealing with each other,
clause formation should take place. Transferable objects: Objects which could be transferred to someone else lawfully
without breaching of legal terms are constituted by it (Drexler, 2016). Products should
not be transferred to the customers under confinement that disallows transferral.
 Involvement and preconditions: Before initiating any process it is required to have equal
participation of the parties involved into the dealing activity and conditions which have
been fixed by them should also match.
Thereby, Ben can demand for compensation as per statutory provisions discussed above
because car dealer cheated him by providing false information. It is because buyer's rights have
been restricted by the seller which could be asked later on.
1.3 Examination of statutory provisions on buyer’s and seller’s remedies
Laws related to transfer of goods and services are required to be taken into considerations
because of the identification of unlawful activities of the parties involved into the procedure of
transferral. These are listed as:
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Solutions for seller Exemption clause: this clause could be include in the agreement by the seller. It is added
because it makes sure that dealer is not responsible for any kind of unrealistic
occurrences from the products and services offered to the consumers. It is also required to
ensure that added clause should not be contradicting with any legal policies (Ferrero,
2014). It is the responsibility of seller to explain all the terms and conditions to the
customers. Holding property rights: It involves rights associated with delivering products to buyers
which is hold by seller. It can be used in the scenario when consumers are dissatisfied
with the mentioned undertakings in the contract. Price demand: Cost could be fixed by the seller for the products that they are selling to
consumers. No one can deny paying amount set by the seller. Customers can only cross
ask in the case when they discover additional costs.
Solutions for Buyer Claim for specific performance: As per the given contact, it is required by the products to
possess specified performance which has been bought by the seller (Friedman and
Hayden, 2017). Customer can ask for compensation when the stated functions in the
agreement are not fulfilled by the product. As per the given case, Ben purchased car from
the dealer which was foretold to present specific speed, accessories, functionalities, etc.
All such things were mention in the statement formed between seller and Ben. But false
information was provided to him for which he could claim charges for providing
misleading data. Involvement case: When extra charges has been taken up by the seller in the purchase
procedure, then customers have rights to claim compensation costs for additive amount.
As per the given scenario, Ben can ask car dealer to pay him back auxiliary costs for
rendering false information to him and making available damaged product.
 Amendment compensations: If a consumer is rendered with defective product then he has
rights to request for claiming charges (Gillers, 2014). In the given scenario, for better
services availability Ben could question car dealer as he has been provided with
destructed item. Amendment claims could be ask by Ben.
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1.4 Product liability legal rules and statutory provisions for faulty goods
To deal with defective goods which has been rendered by dealer rules for product liability
are utilized. Consumer protection act 1987 can be used for this. Various laws are there
associated with this act which are given below: Defective commodities: Ben has responsibility to present actual evidences to prove his
point which involves entire process of car deal. Ben has to show ways used by seller to
approach him which was not appropriate and the car given to him was damaged as well.
Thus, complaint should be filed against car dealer by all the people involved into entire
process of dealing. Legal documents are required to be submitted by any of the family
member of the buyer so that further proceedings could be conducted. Mishap case: Family members of Ben are susceptible to present relevant points so that
issues faced them and losses that they bear because of misconduct by the seller could be
evidenced.
 Suspicious Fault: Some proofs are required to be presented by Ben and certain criteria are
also mandatory to be satisfied by him to prove fault of car dealer (Jones and Sufrin,
2016). Family members of Ben could also do this job for giving them damaged car. To
prove anyone guilty it is required to analyse following things:
 Explanation for the car is required to be given by Ben and it is also needed to ensure that
he does not exercise clause for usage in wrong way. Thus, it will ensure that Ben is
genuine and he is not responsible for kind of damages that have occurred because he has
used it.
 When compensation charges are not provided, then complaint could be filed by Ben
against car seller because he has furnished damaged car to him. Exchange of car could
also be asked by him.
Therefore, car dealer is guilty as he has provided misleading and inconvenient data to the
Ben about the product. Seller has been taken into account because it is already specified in laws
of selling products that quality should be maintained. Performance of the product should also be
of good quality. In the presented case, all the terms and conditions has been broken by car
merchandiser by providing faulty product (Jones, 2017). Dealer is responsible to give claimed
charges for the losses that has been bear by Ben.
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TASK 2
2.1 Different types of credit agreements
Consumer Credit Act 1974 provides several credit facilities that could be utilized by
customers and it contains bifurcated provisions as well. These are given below:
Debitor-creditor-supplier agreement (d-c-s)
Suppliers and creditors are involved in these kinds of agreements in special manner. Bank Loan: Creditors could provide loans to the Ben by using which he could pay to the
seller entire amount of the deal. But, Ben is required to pay back certain instalments to
the creditor in the given time because he has borrowed money from them. Overdraft Facility: Within very short duration of time it is needed to be paid back. As
credit facilities has been used by Ben so he is required to pay interest rates and associated
charges to the bank (Kalyvas, 2017). Payment would be given in segments with
demolition of principal amount gradually after two to three months.
Debitor-creditor agreement (d-c)
This is an agreement that takes between customer and dealer that constitutes followings
stages:
 Credit Acquisition: This is a contract which is made available to the buyer in which it is
specified that payment would be made into instalments for the items and services bought
and is signed by them. If customer does not satisfy mentioned terms and conditions of the
contract which has been formed between the parties, then seller have all the rights to
assert penalties.
 Hire Acquisition: Property could not be transferred until payment procedure is completed
to the seller by the purchaser. Facility of making payment could be made avail in
instalments according to the given terms and conditions of the contract.
Thereby, it can be concluded from the above analysis that from the available options of credits,
loan could be acquired by Ben from Bank for making payments (Law, 2015). Loans could be
returned in various sections as per suitability.
2.2 Legal rules on termination rights and default notices
Consumer Credit Act 1974 is used for governing termination validity and default
notifications. This act is composed of mainly three sections which are given below:
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1. Section 87 and 88: Rights of the buyer could not be terminated without giving prior
notice of nearly 14 days by the dealer. As per the preference of case, notice generation
time duration could be extended up to 19 days.
2. Section 77: Under this, creditor is required to present a copy of contract to the purchaser
which is duly signed by him (Drexler, 2016). Account statement copy should also be
made available. It would comprise all the necessary information about payment status
which has been made already and remaining instalments which are needed to be paid in
given time period.
As per above stated sections of the act, Financial institutions who are providing loans have
authority to terminate credit agreement. Ben tried to take loan from bank and in situations when
he is not able to pay back even after increasing time limit for repay then only contract could be
ended.
2.3 Features of Agency and different types of agents
Established agencies provide assistance to the people who are planning to operate
business and related activities. It is required to consider all the legal terms associated with
initiating any new venture as it ensures in smooth working of various tasks of it. Agents
represents themselves on the behalf of consumers (Leighton, 2014). These are licensed people.
They are generally involved in resolution of conflicts and disputes in the court which comes
under legal considerations. Several responsibilities are associated with agents and respective
agencies who share common goals. They are basically involved in the procedure of making valid
contracts among the involved parties. Independent agents: They are engaged in working procedures of multiple institution at
the same time. Agents are not intended to work for longer duration within an
organisation. They deliver valuable solutions for business threats. Sub agents: These type of agents work on the behalf of general agents. They have certain
job responsibilities which is allotted to them to get accomplished. Time boundation is
there to complete their work which has been assigned to them. They do not have
authority to directly contact and interact with clients and consumers. General agents: These kinds of agents are engaged in proceedings of broader aspect.
General agent could be manager of company whose work is to manage and organise
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work. Under several circumstances they are appointed by people for their personal
purpose.
 Exclusive agents: they are kind of independent agents. They do not have specified way in
which business activities and operations should be carried out (Litton, Patterson and
Little, 2014). Assistance is provided by them into various matters of the organisation
related to finance issues, etc. These agents seems to beneficial for the institution to solve
various problems which has arisen over the time.
2.4 Assessment of rights and duties of an agent
Agents have various rights and responsibilities which are required to be fulfilled by them
when they work in any firm. Several duties are allotted to them which are listed below:
Rights and duties of agents
When the work done by agents leads to failure and losses are occurred because of them in the
organisation, then they are responsible to give payments for the losses. They represent their
clients and issues that they are currently facing which requires solutions.
 They are needed to be limited within the power allotted to them.
 Their job position should not be misused by them in order to generate benefits from any
other party outside the organisation (Maresch, 2016).
 They are needed to fulfil their duties in efficient manner and their personal issues should
be avoided by them.
 Confined within the power assigned to them, necessary actions should be taken up by
agents.
 Agents are responsible in providing actual information about anything to their clients.
Any sort of info should not be hidden with customer as it leads to law-breaking. They
should be loyal to their clients.
TASK 3
3.1 Monopolies and anti-competitive practice legislation
Monopoly could be defined as capabilities of a person and a venture to attain control over
existing marketplace. As per British law in United Kingdom, organisations that already exists
into current market are restricted to take profits of the monopoly. Basic reason behind
implementing restrictions was to eliminate unlawful procedures which are occurring between
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various enterprises . These kinds of activities affects each other. To ensure fair practises and
lawfully business conduct several acts are there for dealing ventures:
Monopolies and restrictive practices act 1948
Activities which are supposed to be expanded by the company are controlled under this
act so that operations could be limited within specific segment only.
Monopolies and mergers act 1965
Under this act, ownership of a firm or other operating businesses are either transferred or
combined. Monopolies commission are authorized to analyse actual mergers so that as a result
monopoly power could be increased (Mitchell and Meggison, 2014). There is limitation for
shares up to 25%.
Enterprise act 2002
In order to protect rights of customers, organisations are forced to execute fair activity
into work practices and business dealings.
Competition Act 1998
Activities and company policies which are unfair and inappropriate for the firm are
required to be eliminated. Thus, it is needed to make it compulsory within organisation that all
the activities would be dealt on fair grounds.
3.2 Role of the Competition Commission within the context of monopolies and anti-competitive
Practices
In order to control various anti competitive practises, laws have been developed under
Competition Commission. Various legal terminologies has been come into existence to obviate
illegal workings and involvement of companies into biased commerce.
Fair Trading Act 1973 is utilized to control trading activities and protect customer rights
from getting affected by disputatious firms. Competition commission ensures that businesses
carry out their operations fairly by providing consumers quality products and services (Perry-
Kessaris, 2016). It also makes sure that charges offered are also reliable. Therefore, several
schemes are introduced by legislative organisations to carry out business functions on impartial
grounds by the ventures.
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3.3 Governing positions within the EU common marketplace
Dominant position could be utilized to define persuasive and agonistic positions of the
existing ventures into current marketplace. This powerful primacy could be beneficiary for the
owners of the firms who have huge number of shares into competitive industry. In order to attain
governing role into competitive market, various considerations related to its requirements are
also taken under this.
Therefore, in order to acquire powerful position into existing market it is required to
ensure fair trading practises and protecting customers rights as well (Rohlin and Ross, 2016). It
also needed to be ensured by the ventures that they offer quality products at reliable price to
consumers. These activities could be controlled only by implementing legislative norms into
work practices.
3.4 Postulation of EU exemption
In order to bring powerful impact on the venture various policies are made and
implemented within it. Various cases are there on which restrictions are not imposed as lawful
bodies does not find any sort of destruction and defects in their workings. Mainly, it is referred to
the ventures and public players which are associated with it or clients and consumers of the
concerned organizations are part of it (Schmidt, 2016). Control of trading activities on fair basis
and implementation of policies comes under chapter 1 article 101. Permission is not given by it
to govern practices into current market. Suggestions are also provided by them to sustain
conjunctive approach with one another in order to make contributions into development of
country in improved manner.
TASK 4
4.1 Identification and explanation of different types of intellectual property rights
Intellectual property rights are designed so that protection against misconducts could be
provided to the owner who is offering services and commodities. Few of the intellectual rights
are discussed below: Trademarks: In order to safeguard name of the company and logo used by it to get copied
by others, trademarks are used. After the approval of this provision by government,
nobody could acquire name of the venture in the marketplace because they have already
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established. Let's take an example of McDonald's. No other firm could ever attain this
name. Copyrights: Newspaper, books, biographies, pictures, movies and many more could be
protected from getting copied by purchasing copyright for them. It provides protections
and provisions for crucial assets of the company (Stahl and et.al., 2014). For example,
books written by William Shakespeare could not be copied by someone else unless
permission is provided by him.
 Patent: It was introduced by British Parliament in business activities. Agenda behind it
was to safeguard innovation of the inventor.
4.2 Principles relating to the protection of inventions through patent rights and legal rules
preventing their infringement
To protect invention of the inventor from getting copied, patent which is a type of
intellectual property can be used. If anyone is identified doing such things, then are needed to
pay charges against it.
Copyright, Design and Patent act 1988:
Work of the people in the form of movies, paintings, music, writings, etc. are protected
under this act. Nobody is allowed to use without getting permission of the owner. Inventors have
rights to deny their work to get used by others (Stemler, 2013). If a product is innovative and
new in the market and from profits can be made, then individuals can apply for patent.
Impact of infringement
Under this act, if any of the wrongful conduct and deeds of the people affects property
then it would be taken into account as criminal behavior and legal actions are taken against it.
4.3 Principles relating to copyright protection and the regal rules preventing their infringement
Copyright: it is acquired by the creator of the work whose is distinct from others and has
validity up to 70 years only. After end of validity period, by paying specific amount it could be
gained again.
Infringement impact: Nobody has rights to copy work of someone else without their
permission. Infringement would be referred if somebody is caught doing this (Van Koppen and
et.al., 2014). They directly affect economic state of the nation. In the last few years, distribution
of pirated DVDs and CDs has badly affected film industry and their profitability into market.
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Solution for such type of deeds is articles that has been acquired should be seized and
charges should be recuperated as well.
4.4 Comparison of the protection of trademarks and business names
Trademark is used to present distinct features of the products. Protection is provided
against infringement by it. Companies are made to retain unique and strong position in the
competitive market where competition is faced everyday due to introduction of new technology,
etc. For example, Symbol used by Domino's could not be acquired by others.
Name of any venture symbolize its identity. Products and services offered by them is
identified by this only (Trademark, Patent, or Copyright?, 2016). Name is also utilized in
promoting business activities. Therefore, it is required to have different logo and name of the
company to make it distinctive from others in the market.
CONCLUSION
From the report it can be state that various rules and legal implications are needed to be
implied in administration of fair business practices. It is a responsibility of dealers to ensure
service quality. Consumers rights are also needed to be protected and in case if they feel cheated
then they have rights to claim for compensation. Various intellectual property rights are available
to safeguard important assets of the company as well as individual.
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Trademark, Patent, or Copyright?. 2016. [Online]. Available through
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