Business Law: Report on UK Anti-Competitive Practices and Monopolies

This report provides an overview of business law, specifically addressing anti-competitive practices and monopolies within the UK legal framework. It examines the relevant legislation, including the Competition Act, and the role of the Competition Commission in regulating these practices. The report discusses the common law doctrine and the evolution of competition law, highlighting the significance of the Monopolies and Trade Practices Act 1948. It also delves into CMA cases, such as the GVC Holdings v Ladbrokes Coral Group merger inquiry and the Energy Market Investigation. Furthermore, the report explores the concept of a dominant position within the EU common market, as outlined in Article 102, and discusses the applications of EU exemptions, including individual, block, and parallel exemptions. The report concludes with a list of references.

Business Law
Task 3

Cover Content
• Introduction
• Monopolies and anti-competitive practice legislation in UK
• Role of competition commission
• Dominant position within EU common market
• Applications of EU exemptions
• References

Introduction
Business law is all about legal norms, beliefs, rules and regulations that
is amended by legitimate bodies for entire corporate order to prevent
buyer or seller from exploitative activities. In fact, it helps associations in
various manners such as; reduce the possibilities of misinterpretation,
frauds, wrongful conduct and so on.

Monopolies and anti-competitive
practice legislation in UK
In UK regulation of competition is new policy. It has been described
in the Competition Act that any function which has a result of rejecting,
or preventing a competition shall be considered as anti-competitive
practice. The common law doctrine was the only way to keep a check
over anticompetitive practices till the Monopolies and Trade practices
Act 1948 came into force.

Continue... (CMA cases)
Merger Cases
GVC Holdings v Ladbrokes Coral Group merger inquiry- The CMA
investigated and cleared the proposed acquisition by GVC Holdings
plc of Ladbrokes Coral Group plc.
Derby Teaching Hospitals v Burton Hospitals merger inquiry- The
CMA investigated and cleared the anticipated merger between
Derby Teaching Hospitals NHS Foundation Trust and Burton
Hospitals NHS Foundation Trust.

CMA Cases
Energy Market Investigation- The CMA investigated the supply and
acquisition of energy in Great Britain and has published its final
orders and undertakings.
Digital comparison tools market study- The CMA carried out a market
study into digital comparison tools (DCTs) to see how they are
working for consumers, businesses and the economy.

Role of competition commission
The European Commission is entirely liable for the application of
European Union Law. The CA 1998 is comprise of two main functions
that is performed by them, that is, hearing of appeals for the decisions
made by the OFT in the conduction of prohibition and investigation of
specific markets to know the interest of the public and reporting for
action to the Secretary of State but it cannot initiate its own inquiries.

Dominant position within EU common
market
According to the article 102, “Any abuse by one or more
undertakings of a dominant position within the common market or in a
substantial part of it shall be prohibited as incompatible with the
common market insofar as it may affect trade between Member States”.

Applications of EU exemptions
There are three types of exemptions, Individual, block and parallel
exemptions. The parties of an individual agreement gives an
application to the OFT for the exemption. In the block exemptions,
agreement which is of same nature as for individual exemption, this
exemption is applied automatically to it.

References
Foss, N.J. and Knudsen, C. eds., 2013. Towards a competence theory
of the firm (Vol. 2). Routledge.
Bishara, N.D., 2011. Governance and corruption constraints in the
Middle East: Overcoming the business ethics glass ceiling. American
Business Law Journal, 48(2), pp.227-283.

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