Analysis of UK and EU Competition Law and Monopolies

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Added on  2023/03/16

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This report provides an analysis of the UK Competition Act 1998, focusing on monopolies and anti-competitive practices. It begins by outlining the key aspects of the Act and its implications for market competition, including the role of the Competition Commission in regulating these practices. The report then delves into the concept of market dominance within the EU common market, defining dominant positions and providing examples of how they impact competition. It also addresses exemptions to competition law, such as individual and block exemptions, and examines the legal framework governing anti-competitive behaviors. The report references relevant legal documents and procedures, emphasizing the importance of fair competition and the prevention of market abuse. Finally, it highlights the impact of competition policies on businesses and the economy, making it a comprehensive resource for understanding competition law.
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BUSINESS LAW
TASK 3
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3.1 Outline and Explain monopolies and anti
competitive practice legislation in UK
Competition Act 1998
Under competition act an anti competitive practices is elaborated as those
practice that has, is intended to have or is likely to have, the influence of
obstructing, distorting or preventing market competition.
The competition act formulated in order to replicate the monopoly
legislation of Fair Trading Act and it allows investigation into the specific
conduct of an individual firm or group of firms rather than a more general
investigation of the market as the fair trading act requires of the multinational
corporations.
In accordance with this act if an anti competitive practice is identified, the
Director General of multinational organisation can conduct an initial informal
enquiry.
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3.2 Explaining role of competition commission in
monopolies and anti competition practice.
The Competition Commission in United Kingdom is a non departmental public
body which is accountable for examining mergers, markets and other enquiries
which are related to regulated industries falls under competition law in United
Kingdom.
In the present scenario it can be explicitly depicts that the Commission of
Competition in United Kingdom played significant role in stabilizing
competitive practices within the nation.
The Commission of Competition authority is accountable for monitoring and
supervising monopoly practices floating within the country
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3.3 Define dominant positions within EU common market
with examples.
Dominant position of firm refers to the position where a firm has acquired equal
to or over 50 per cent of market share within the country.
Dominant conditions or position in the market is determined by measuring
organisation controlling and influencing power within the country.
Organisations who have dominant position act as individual or sole players in
European market.
This affects the competition level in the economy and influence other business
organisations and sectors negatively.
The firm is not allowed to misuse their power by abusing other in the market or
even to customers as this is considered as an illegal act in
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3.4 Considering examples under EU law and exemptions will be
made potentially anti competitive.
If an organisation has been found guilty of abusing and misusing their power
than they have been fined for certain extents.
Albeit they have some exemptions such as individual exemptions, block
exemptions and parallel exemptions. Competitive policies laid great influence
on societies which have excused as specific practices.
The Chapter 1, article 101 of the Competition Act mandates the organisations
to provide legal documents of business and exclude the policies of business
competitions.
Moreover, legislative process in context with dominant position in regards
with procedures also provides comprehending organisation does not have
dominant position within the industry.
Furthermore, these departments will not be able to develop competitive
advantage within the economy.
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REFERENCES
Elmagrhi, M., and Tunyi, A.A., 2018. Trustee Board Diversity,
Governance Mechanisms, Capital Structure and Performance in UK
Charities.
Jeble, S., Dubey, R., and Prakash, A., 2018. Impact of big data &
predictive analytics capability on supply chain sustainability.
Mauri, A.G., Nieto-García, M. and Viglia, G., 2018. Humanize your
business. The role of personal reputation in the sharing economy.
International Journal of Hospitality Management. 73. pp.36-43.
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