Business Law Task 3: Monopolies, Anti-Competitive Practices & EU

This report, crafted for a Business Law assignment, provides a comprehensive overview of key concepts within commercial law. It begins with an introduction to business law, also known as commercial law, and its significance in regulating commerce, trade, and sales. The report delves into monopolies and anti-competitive practices, explaining competition law's role in balancing market competition and the legislative framework in the UK, including the Competition Act 1998 and the Enterprise Act 2002. It examines the role of the Competition Commission, now the Competition and Markets Authority (CMA), and its functions in investigating anti-competitive events and imposing penalties. Furthermore, the report explores the concept of dominant position within the EU Common Market, including the abuse of such positions, and highlights instances of EU exemptions to anti-competitive practices, such as individual and block exemptions. The report also touches upon the interplay of law, society, and commerce in the context of competition practices, and concludes with the legal justifications for exemptions from anti-competitive regulations.

BUSINESS LAW
TASK 3

Covered content
 Introduction
 Monopolies and Anti -competitive practice legislation
 Role of competition commission
 Dominant position with EU Common market
 Instance of EU exemptions to anti competitive practices
 References

INTRODUCTION
The project assignment is all about explaining Business law. It is
also known as commercial law which is body of law are applied to
abstraction, rights and the code of conduct of person other
operations engaged in commerce ,trade and sales. It mostly consider
to be the branch of civil that deals with private and public affairs.

Monopolies and Anti -competitive practice
legislation
Competition law : It is a kind of law that helps to promotes or seeks to
balance the market competition by using the anti competitive issues by
the companies. These are mostly implement through public and private
social control. In the UK, it is known as anti trust law. Modern
competition law has made the country level to promote and maintain fair
and balance competition in market.

CONTINUED
The government of United Kingdom has obligatory restriction on the
foreign organization which are able to gain competition of domestic
companies. They take corrective judgement which are related to the
competition. The legislation in the UK are :
Competition Act 1998: This act based on the new provision which is
related to anti competitive that contains under article 81 and 82.
The enterprise Act 2002: Enterprise act present different number of
laws which are aid to strength the competition laws.

Case related to competitive law
There was a case: TELCO vs Registrar of RT Agreement:
The appeal was made (U/S: 55) of monopolies and restrictive trade
activity against the opinion and order of the monopolies and
restrictive trade commission. The main aspects for the consideration in
this verdict is whether the contract among the applicant referred to as
Telco and its deal suppliers allocating to territories to its dealers.

Role of competition commission in context of
Monopolies and anti competitive practices
Competition commission: It is the important regulatory body
which is related to the competition law in UK. It is role to inquiry
the market follows the laws in proper manner or not. The
monopolies and merger commission is replaced by competition
commission. under the enterprise act 2002 is less powerful as
compare to the this law. It only deals with those case which are
passed by the regulatory bodies.

CONTINUED
Fair trading: In the act of 2002 the power of top authority in the
fair trade of the services and the products has been establish and the
function is conveyance to office of fair trading. It is corporate body
which is comprises of chairman ,executive and the other board
member. They have the power to take actions and laid the proposal
according to the changes needed.

Continue..
The competition commission is results of competitive act 1998
which is earlier known as monopolies and merger commission.
Further, both competition aspects has been merged into
CMA(Competition and market authority). The main body has
powers to find out anti-competitive events and impose fines and
other crucial damages.

Dominant position with EU Common market
Dominant Position: It refers to the firm position which have
sustainable power related to the specific products in the related
market under the geographical area. As per the EU market
there are abuse of dominant position in the market . The first
condition is essential if the firm not abuses the position then it
is not said to be dominant.

CONTINUED
According to the dominant position under the article 82 which is
related to the various position of the strength of and task that
prevent competition in the market and has the ability to work
independently and pass over out its competitors and insult the
customer.

Continue..
According to the Article 102 of TFEU and competition act 1998
deals with the aspects of dominant position of a company. It has
been that both EU and UK markets does not welcome business to
flourish any abuses its power in the market place. In order to
determine position of the company its is crucial to have some
specific aspects such as to reduce costs in order to work deal with
perfect competition. In those areas were products are sold in
limited areas.