Business Law and Competition Policy

This assignment delves into the relationship between business law and competition policy within the United Kingdom. It examines how legislation, such as the Enterprise Act 2002, aims to prevent monopolies and promote fair market competition. The document analyzes various legal concepts related to this topic, including natural or unnatural monopolies, intellectual property rights, and the role of government interventions in regulating business practices.

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Contents
Introduction.................................................................................................................................................3
Task 1..........................................................................................................................................................3
Implementation of the legal rules on implied terms based on the sale of goods and supply of services. .3
Apply the statutory provisions on the transfer of property and possession..............................................4
Evaluate the statutory provisions on customer’s and retailer’s remedies.................................................5
Apply product liability statutory provisions............................................................................................6
Differentiate between types of credit agreements....................................................................................7
Apply termination rights, default notices and rules.................................................................................9
Task 2........................................................................................................................................................10
Differentiate between the different types of agent.................................................................................10
Evaluation the duties and rights of an agent..........................................................................................11
Duties of Agents....................................................................................................................................11
Rights of Agents....................................................................................................................................11
Outline monopolies and anti-competitive implementation legislation in the UK...................................12
The role of the Competition Commission within the context of monopolies and anti-competitive
implementations and the UK Office of Fair Trading.............................................................................14
Define dominant positions within the EU common market...................................................................15
Consider the application of EU exemptions to potentially anti-competitive implementations...............15
Identify differing forms of intellectual property with examples............................................................16
Compare and Contrast the protection of trademarks and business names..............................................16
Task 3........................................................................................................................................................17
The principles relating to the fortification of inventions through patent rights and their infringement to
advise Tony and James..........................................................................................................................17
Describe the principles relating to copyright protection and their infringement as part of the advice to
Tony and James.....................................................................................................................................17
Conclusion.................................................................................................................................................18
References.................................................................................................................................................19
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Introduction
The report is based on the business laws. The report describes the consumer and retailer rights
and responsibilities under the Law. The objective of the report is to offer application and
knowledge of the law. Moreover, it is vital for a business to follow work legal rules and
regulations so as to run the business smoothly without any obstacles from the government.
Moreover, the business laws are surrounded with various laws like tax laws, employment laws,
laws concerning intellectual property and laws based on bankruptcy. These laws impact on
handling the operations in business and taking operative decisions.
Task 1
Implementation of the legal rules on implied terms based on the sale of goods and supply of
services
The sale of products and supply of services have positive laws to ensure security and safety to
the purchasers or customers. The provision concerning about the sale of property and amount of
services come from the Supply of Goods and Services Act 1982 as well as the Sale of Goods Act
1979. Based on sale of products absolute terms are related (MacIntyre, 2016). Besides, these
words are categorized as express or implied. Mrs. Smith should follow some legal rules to
maintain a good relationship with the suppliers such as Alf & Sons and other salon equipment
dealers. Mrs. Smith should apply Supply of Goods and Services Act 1982 (SGSA). Aside from
the particular law is comprised of two parts. In the first part, the provision of goods is embedded
and in the second part supply of services is embedded. Additionally, the Sales of Good Acts will
help Mrs. Smith to lay down a small number of necessary legal rules regarding the array of
implied terms and opinions which aim to reflect the commercial prospects in the most regularly
approved sales contracts. Implied terms relating to the supply of services are discussed below:
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 According to section 12 of Supply of Goods and Services Act 1982, any contract for the
provision of duty nevertheless of whether goods are also provided should be included,
and the contracts of apprenticeship should be excluded (MacIntyre, 2016). In this section,
there is no need for considering money,
 There is also an implied term concerning reasonable price and time. The particular name
is associated with performing services within a reasonable price and time.
 According to section 13 of Supply of Goods and Services Act 1982, the functions should
be implemented with proper and reasonable skill and care where the supplier acts on the
course of business.
After the application of law, Mrs. Smith will be able to protect all customers because today the
modern law has proved that consumers have become more and more driven to trust on the skill,
decision, and honesty of retailer.
Apply the statutory provisions on the transfer of property and possession
The laws concerning the transmission of assets lay down on Sec 18 to 25 of the Sales of Good
Act. These statutory requirements are applied in the business of Mrs. Smith (Kelly, 2017). The
rule is discussed below:
 The intention of parties should be determined by Mrs. Smith in the contract of sale of
particular goods.
 According to the law concerning the transfer of property, goods should be disregarded. In
the contract of sale of disregarded product, Mrs. Smith must ascertain the goods else it
will not be moved to the purchaser (Kelly, 2017).
 Section 20 states that where there is a categorical contract for the sale of precise products
in a deliverable state, the property in the goods licenses to the customers when the deal is
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created. On the other hand, it is inconsequential whether the time of delivery of goods or
the date of payment of the price or both is adjourned.
 To convey the products accurately the merchant should enumerate, evaluate or
examination the products. If Mrs. Smith fails to perform and fails to notify customer the
proprietorship, then it will not get an authorization (Slorach and Ellis, 2015).
 Section 23 states that wherein enactment of the agreement, the merchant conveys the
goods to the customer or a mover for the purpose of conduction to the purchaser.
 It is essential for both the retailer as well as the customer to identify the actual products
that are expected to be delivered for authorizing the property.
Evaluate the statutory provisions on customer’s and retailer’s remedies
Legal necessities increase on the topic matter of the statute, or law, for providing more
information or data about who the law relates to, when it relates and what the consequences are
for violating it. Some laws give direction to the citizen on how to act while other laws prohibit
citizens from obligating certain actions (Slorach and Ellis, 2015). The remedies of retailer and
customer have certain provisions, and these requirements are discussed below:
Remedies of Retailer
 She has authority to recuperate the goods if customer is not making payment.
 If she know that customer becomes bankrupt then she as right to stop the products in the
shipments.
 She can obtain the instruction of the particular presentation.
 She has right to terminate the order of the customer.
Remedies of Customer (Mrs. Smith)
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 Mrs. Smith cannot cast-off the agreement, but he may enquire the merchant for reduction
or loss of price when there is a fissure of warranty (Abbott, Pendlebury and Wardman,
2013).
 Moreover, if the dealer refuses to deliver the product within time, then Mrs. Smith can
take legal actions against the retailer regarding late delivery and non-delivery of goods.
 Mrs. Smith can reject the product or products if the product quality is not consistent and
up to mark with quality.
Apply product liability statutory provisions
Requirements concerning product liability begin from Consumer Protection Act. Strict liability is
constrained by CPA on manufacturers of broken products. Legal liability for flawed products is
presented by the CPA. According to Consumer Protection Act, if a product or any of its portion
parts are insufficient manufacturers may be subject. People encounters adversity the defective
products can sue for reparations. Exhibiting indication as for the mischief of the product is key
(Abbott, Pendlebury and Wardman, 2013).
Defective Products: The high which creates them deficiency in excellence and whole which
caused the accident or problems the purchaser is known as the warped mind blowing. The
significant unite any impacted product, any piece of the product and so on the person which are
in charge of the defective surprising are the provider, maker, distributor of the huge if any person
endures through any problem then they are at threat of the injuries and calamity which
persevered by the customers.
The person who declares under the high statue needs to show these:
 The product is insufficient nature
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 Instigated problem
 And disputant is under the liability
The rules of product liability
 Contract law
 Consumer protection act 1987
 Tort law
According to the contract law, the chafed party needs to validate that the product is flawed and
break the lawfully limiting obligation which is compelled upon the defendant at the time of
going into the comprehension. According to the customer protection act 1987, the irritated
assembling record suit in contradiction of the defendant yet he needs to validate that the great is
flawed; he has no persuading inspiration to show particular products (Allison and Prentice,
2009). It is adequate that wonderful is deficient. Based on the tort law, the offended party needs
to display that the defendant is the threat of creating the split of his dedication as well as done
remissness. He was not taking the reasonable care while making the product.
Differentiate between types of credit agreements
The most important thing before the application of new credit, Mrs. Smith must choose the right
credit and understand its types. Moreover, credit agreements are categorized into unsecured loans
as well as secured credits. The primary differences between unsecured loans and unsecured
credits are described here. In secured loan agreements, there is security. Therefore, if Mrs. Smith
applies secured credit, she can get security (Allison and Prentice, 2009). Additionally, if the
defaulter fails to pay the borrowed loan lender may response her properties. Secured credit is of
many types such as a line of credit, bond over the home, credit cards, loan on home equity and
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loan on the car. In unsecured loan agreements, there is no security. Based on this understanding,
if the defaulter flops to pay the mortgage financier may claim for the expense of credit. Apart
from it, she may also attempt to accumulate a debt with the aid of liability collector. Unsecured
credits are of many types, and it varies from Master Cards, Petrol Cards, bank loans, Visa cards
and Retail Store Cars.
Bank Loan: Bank Loan is an unsecured credit. Mrs. Smith can take the overdraft facility from
the bank, and the bank will charge interest on the overdraft facility (Gillies, 2004). Moreover,
Mrs. Smith also makes conventional loans from the bank by the mortgage. The rate of interest is
charged on this loan. Also, she can take personal loans and the bank charge very high rate of
interest on this particular type of loan.
Credit Card: Mrs. Smith can take the credit by using the credit card of the bank, and there is no
change in interest rates. Moreover, in charge credit cards there is no limit in transactions, but she
has to pay a full amount in each and every month. According to the boundary of utilizing the
cards, there is a restriction in the retailer cards.
Conditional Sale: Regarding this agreement, the party is involved in the circumstance that she
has to buy the product when the contract ends. Mrs. Smith has the authority to handover to pass
the title of the products. It has the characteristic of the hire acquisition, but it is less sympathetic
to the people (Gillies, 2004).
Credit Sale: In a credit sale, Mrs. Smith can handover the ownership to the other individual.
Moreover, if any creditor does not make pay the entire amount, then they will be utilized by the
creditors for the evasion of payment.
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Shop Budget Accounts: In shop budget accounts, Mrs. Smith can transact money from the large
stores which she has to pay back to them after the period is over. Moreover, the stores set a limit
on the implementation of credit, and she has to return the money. Apart from it, Mrs. Smith
needs to pay the monthly interest (HICKS, 2009).
Agreement of Debtor-Creditor: In this particular agreement, there is no connection in business
between the supplier and the creditor. Moreover, lenders are not included in with the contract
with the vendor for any future and past arrangement.
Apply termination rights, default notices and rules
Provisions based on rules, nonappearance notices and termination rights can be imitative from
various acts. The end rule is if any obligation is standing then she needs to pay a positive amount
of money to the account holder for increasing the amount in the account. Besides that, the
creditor has appropriate to end the contract if the owner of the account makes any ecstasy of the
agreement. Suppose taking an example, Mrs. Smith has obtained salon equipment under hire
purchase contract. It is regulated by the Consumer Credit Act 1974 (Menell and Nimmer, 2016).
Moreover, if the creditor wants to terminate the contract, he or she should inform it to Mrs.
Smith and provide a default notice earlier as soon as possible. In the notice, all the necessary
information concerning the address of the creditor and the customer, description of the contract,
details of the breach must be included. Also, compensation of free portion is another vital thing.
Section 87 states that the default notice is sent by the creditor to the borrower before fourteen
days to the recompense the debts. From the perspective of the borrower, the lender can end the
agreement and interest for the early installment. Apart from it, the products are improved by the
loan loss from the borrower. The nation court has the professional to make an appeal of
implementation.
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Task 2
Differentiate between the different types of agent
Various types of agents such as broker, commission agents, A Del Credere agent, auctioneer,
factor as well as general and particular agent is important for the business of Mrs. Smith. These
different types of agents are differentiated below:
Commission Agent: The commission agents charges commission on the sales of products.
Besides that, Mrs. Smith may have the authority over the products if she hires commission
agents in her business. However, her status is different from than that of a broke (Menell and
Nimmer, 2016) r.
Broker: A broker is a person who acts as an intercessor between a retailer and a customer or
customer. The responsibility of an agent comes to an end when the parties start a contract.
Auctioneer: If Mrs. Smith hires an auctioneer, then the salesperson can sell the products by an
auction process. On the other hand, the retailer can retail the products without any difficulties.
However, if she does not imitate the rules connected with the sales, it will tie on the owner (Bond
and Kay, 2002).
Factor: A factor preserves products for retailing them in future. Also, she is a profitable agent,
and she has the capability to make contracts with the third parties.
Particular agents and general agents: The role of general agents is to appoint all tasks in a
company. On the other hand, the person agents are necessary for Mrs. Smith to accomplish
ascertained jobs.
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Evaluation the duties and rights of an agent
The agents need person rights and obligations so as to work with Mrs. Smith. The functions and
powers of the agents are discussed below:
Duties of Agents
 It is the responsibility of the agent to groom themselves and become diligent and skillful
for compensating his principal (Schaffer, 2016).
 Secondly, it is an outstanding job for the agent to execute the business of his principal
 Moreover, the agents must be associated with the principal.
 According to section 27, the agent has the responsibility to render proper and appropriate
accounts to his principal when there will be a demand issue if so provided in the
agreement or contract.
 Apart from these, the hired agents must groom themselves by which they can pay all the
sums excluding other costs and compensation (Schaffer, 2016).
 If the principal is mentally as well as physically disable, then the agents should perform
all the duties on behalf of the principal
Rights of Agents
Rights of retainer: In this particular rights of agents, the mediator has the right to preserve
money regarding the business on behalf of the principal.
Rights of enactment: Here, the duties of the director can be endorsed by the agent.
Remuneration of agents: The compensation of agents does not convert due until she has
accomplished the act of which he was allotted, agent (Nichols, 2012).
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Lien of agent: It is the right of the agents to recover the goods, property, and papers if any
property, goods or documents are lost.
Officers not permitted to compensation for delinquency in business: Based on section 20, an
officer who is remorseful of any misbehavior in her business, the organization is not titled to any
remuneration regarding that part of the business which she has misconducted.
Outline monopolies and anti-competitive implementation legislation in the UK
According to competitive market, organizations can be depended upon to get approaches
anticipated that would give them a competitive edge. As a result, it can incite focal points, for
instance, improved capability and better quality stock. According to the Competition Act, an
anti-competitive drill is portrayed as any implementation that has, is proposed to have, or is most
likely going to have, the effect of bending, curving or dodging contention (Correa, 2016). A
company or social occasion of business firms must have 25 or a more noteworthy measure of the
material market and a little yearly turnover of ten million euro for the Competition Act to relate.
The Competition Act may appear to copy the forcing plan of action courses of action of the Fair
Trading Act, yet it licenses examination concerning the specific direct of a person firm or
assembling of companies, rather than a more extensive review of the market, as the Fair Trading
Act needs of the MMC (Correa, 2016). If these questions are certified, he can either recognize
confining attempts that the drill will stop, or insinuate the case to the MMC, which investigates
the implementation to choose on the off chance that it is anti-competitive and when all is said in
done society interest.
If an anti-competitive exercise is alleged, the Director General can lead an essential easygoing
inquiry. It is not just the method of the implementation yet rather its effect on contention which
is the fundamental consider the MMC's examination (Knowledge network to give UK
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manufacturers a competitive edge: Lord Sainsbury, 2006). The MMC then endorses to the
Secretary of State what movement, expecting any, should be taken to stop the implementation.
Such implementations are frequently vertical confinements, for example, select overseeing
approaches where a customer deals exclusively with a lone contractor.
The Enterprise Act 2002
This Act changed the Competition Act and strengthened the vitality of the controllers, especially
to the extent perceiving and repelling abuse of market quality and cartel-like lead. The central
game plans of the Act were:
• New powers for supervisors to research markets, for instance, the capacity to use
shrouded perception.
• Assessment of mergers to be less influenced by government authorities and all the freer
• Criminalization of cartels, with the UK controllers getting the chance to be evidently
harder than those in the EU (Alam, 2017).
• Consumer get-togethers can complain about uncompetitive implementations.
• Disqualification of administrators for a break of the restriction rules.
The Competition Act 1988
The Competition Act 1998 forbids different activities by firms, including:
• The exploitation of an affiliation's large position on a national or adjacent level.
• The advancement and operation of cartels (Alam, 2017).
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The role of the Competition Commission within the context of monopolies and anti-competitive
implementations and the UK Office of Fair Trading
In the United Kingdom body setup, the resistance commission was set up in 1998 for
coordinating the limiting framework and merger control in the market of United Kingdom.
What's more, it supplanted the Mergers and Monopoly Commission. Other than that, it much of
the time deals with the issues insinuated it by the Office of Fair Trading OFT (Paemen and
Baltrusch, 2017). The basic limit of the engaged commission is to weight up whether a merger is
in individuals when all is said in done interest. In the engaged commission, it is basic to at
segments like bit of the pie of the new firm, economies of scale in the business, adjacent
controlling foundations and furthermore the importance of progression and research. Likewise,
the forceful commission or Competitive Commission was a free open body which causes in
driving start to finish examination concerning business divisions, exhibits and furthermore the
rules and control of the major worked undertakings. Other than that, it ensures sound competition
between the associations in the United Kingdom for the upside of the economy, customers and
associations.
All the inquiries of the competition commission were commenced following an orientation made
by another authority (Paemen and Baltrusch, 2017). The authority is the Office of Fair Trading
or OFT or one of the sector regulators. The Enterprise Act empowered the OFT (and the part
controllers) to research markets and, on the off chance that they were worried that there might be
rivalry issues, to allude those business sectors to the Competitive Commission for inside and out
the examination. Before discovering what rate firms take up, the Competitive Commission needs
to 'characterize the market.' T, In market studies the Competitive Commission needed to choose
whether any element or blend of components in a market alerts, limits or bends rivalry, in this
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manner constituting an unfavorable impact on competition (AEC). He is the point at which they
need to discover which items are in which ventures, so they recognize what rate to do (Piazza,
2013). On the off chance that the Competitive Commission reasoned this was the situation, it
was required to look to cure the issues that it distinguished either by presenting cures itself or by
suggesting activity by others.
Define dominant positions within the EU common market
Any organization who has the switch over the market by half then the company will be the
strong place. On the other, if any company mishandles their position in the international or
domestic market, then the action will be illegal in the rivalry law of United Kingdom. Moreover,
the organization who abuses their position are talented and remains lonely in the market and
remove the competitors in the market by achieving competitive advantage (Neyer, 2003).
Besides that, they turn into the one provider in the market. Additionally, in the rivalry,
manhandle act of leading position is sarticulated in the article 102 by the bargaining done in
Lisbon. The organizations endeavor the shoppers by imposing the out of line condition and
setting a limit to the supply of products.
Consider the application of EU exemptions to potentially anti-competitive implementations
Any firm that mistreats the executive position against centered implementations at that point they
have these avoidances.
• Any company which meets the person exemption then square prohibition will be
associated upon these assertions is known as the piece special cases.
• Any business who is misusing their standard position and implementation unfriendly to
see significant implementation then they need to show that there is no effect upon the
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resistance in the market, what's more, it aids in the economy progression (Neyer, 2003).
This exemption is known as person avoidance.
• The particular parallel case is the avoidance which associated on the firm when they meet
the personal and piece exemptions.
• There is a condition in which misuse is indispensable.
• The advantage will be passed on amidst the customers with no partition.
Identify differing forms of intellectual property with examples
The different forms of the mental can be classified by copyrights, patents, and trademarks. From
the perspective of copyrights, expressive arts are protected by copyrights. Moreover, copyrights
also prohibit anything without the permission of the owner (Shakirov, 2016). On the other hand,
the patents ensure the rights of the inventor as well as prohibits usage, import, and sell by others
without the permission of investors. At third, trademarks are the products and names of an
organization. Besides that, trademarks help to distinguish the goods and services of the company
from the competitor.
Compare and Contrast the protection of trademarks and business names
The name which is implemented by the companies for working their business in the general
public is known as business names whereas trademarks can be any stamp, word, image and name
utilized for identifying the administration starting with one business the onto the next business by
the customers. Moreover, business names cannot enlist while trademark is enrolled from the
recorder office (Shakirov, 2016). Apart from it, a company name act 1985 fixed the names while
a brand act is fired by the exchange check act 1994. The customers of the trademark have
insurances regarding laws while the man who utilizes business name has no absolute security.
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Task 3
The principles relating to the fortification of inventions through patent rights and their
infringement to advise Tony and James
The security of the license is provided to the innovation. The patents are introduced by the
government for inspiring new inventions (Intellectual Property Rights, 2002). Moreover, patents
prohibit limitation, sell and usage of the property of the inventor. In the given scenario, Tony and
James invented the design of the game and infringed the patent. Tony and James should do the
following for avoiding patent infringement lawsuit,
• Both of them should be concerned about the goods that are supposed to be licensed.
• Both of them can ask for an attorney.
• They must ensure patent products are not violating existing copyright.
Describe the principles relating to copyright protection and their infringement as part of the
advice to Tony and James
Copyright work is protected by the regulations and decree is seventy years proprietors’ period
frame the inventor has kicked the bucket. Tony and James should use copyright strategy. Also,
the copyright safety is varied to other work (Mitchell and Zhang, 2015). Copyright work can be
impinged by any individual when they make exploit or offer the copyrighted work without taking
approval shape the copyright administrator. The fortifications which are raised by the infringer
are:
• Religious purpose
• Individual use
• Library
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• Investigation
• Review
Conclusion
It aids in accepting the leading position, syndication and aggressive to attentive implementations
through the assembled mark case and Ceres control case. It assists in examination the opposition
demonstration in which manhandle of dominant position and hostile to aggressive
implementations are denied by this demonstration.
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References
Abbott, K., Pendlebury, N. and Wardman, K. (2013). Business law. 1st ed. Andover:
Cengage Learning.
Alam, S. (2017). The Enterprise Act 2002: Past, Present & Future. SSRN Electronic
Journal.
Allison, J. and Prentice, R. (2009). Business law. 1st ed. Austin, Tex.: University Co-Op.
Bond, H. and Kay, P. (2002). Business law. 1st ed. London: Blackstone.
Correa, L. (2016). Natural or Unnatural Monopolies in UK Telecommunications?. SSRN
Electronic Journal.
Gillies, P. (2004). Business law. 1st ed. Sydney: Federation Press.
HICKS, U. (2009). THE REFORM OF BUDGET ACCOUNTS. Bulletin of the Oxford
University Institute of Economics & Statistics, 25(2), pp.119-126.
Intellectual Property Rights. (2002). World Patent Information, 19(3), pp.239-240.
Kelly, D. (2017). Business law. 1st ed. [Place of publication not identified]: Taylor &
Francis.
Knowledge network to give UK manufacturers a competitive edge: Lord Sainsbury.
(2006). Anti-Corrosion Methods and Materials, 53(3).
MacIntyre, E. (2016). Business Law. 1st ed. Pearson Education Limited.
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Menell, P. and Nimmer, D. (2016). Pooh-Poohing Copyright Law’s 'Inalienable'
Termination Rights. SSRN Electronic Journal.
Mitchell, M. and Zhang, Y. (2015). SHARED PATENT RIGHTS AND
TECHNOLOGICAL PROGRESS. International Economic Review, 56(1), pp.95-132.
Neyer, J. (2003). Discourse and Order in the EU. JCMS: Journal of Common Market
Studies, 41(4), pp.687-706.
Nichols, P. (2012). The Business Case for Complying with Bribery Laws. American
Business Law Journal, 49(2), pp.325-368.
Paemen, D. and Baltrusch, V. (2017). Morningstar v Commission : Raising the Threshold
for Challenging Commission Commitments Decisions. Journal of European Competition
Law & Implementation.
Piazza, L. (2013). The Revision of the Commission Explanatory Note on European
Commission Surprise Inspections. Journal of European Competition Law &
Implementation, 4(5), pp.421-423.
Schaffer, J. (2016). It is the Business of Laws to Govern. Dialectica, 70(4), pp.577-588.
Shakirov, F. (2016). THE LAWS OF BUSINESS. Economy. Business. Computer science,
(3), pp.311-322.
Slorach, J. and Ellis, J. (2015). Business law. 1st ed.
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