Analysis of UK Competition Law: Monopolies and Market Practices

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Added on  2023/03/22

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This report provides a comprehensive overview of UK competition law, specifically addressing monopolies and anti-competitive practices. It begins by defining monopolies and explaining the relevant legislation, including the Competition Act of 1998, and its implications for market share and consumer protection. The report then explores the role of the Competition and Markets Authority (CMA), formerly the Competition Commission, in regulating monopolies. Further, it defines dominant positions within the EU common market and provides examples of how firms can misuse their power. The report also discusses exemptions under EU law, concluding with a case example of a company found guilty of abusing its dominant position. This analysis offers valuable insights into the legal framework governing competition and market practices within the UK and the EU.
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BUSINESS LAW
TASK 3
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3.1 Explaining monopolies and anti
competition practice legislation in
UK.
Monopoly:
It is that organisation or company which is working within
market and also having most of market under their control that
company is also the biggest threat to all others who are
operating in that market.
That company in market should be having about 25% of market
share only at that position it will be called to as monopoly firm.
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CONTINUED...
Competition Act of UK 1998
Will be providing protection to consumers in market with the high
level of competition which would b resulting in increased in price and
also quality of that product would be decreased.
In this way that firm which is having more than 25% of market share
would also b the single supplier of product and having larger control
over market this is also called as scale or complex monopolies.
As per the new provisions which have been added into this will b e
prohibiting anti competitive practice and abuse of dominant position
within market
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3.2 Explaining role of competition commission
in monopolies and anti competition practice.
Competition Act of 1998
Was replaced with monopolies and merger
commission which from 2014 is known to as
Competition and market authority which was
amended by competition commission in
2009.
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3.3 Define dominant positions within
EU common market with examples.
Dominant position-
This is defined to as if any company in market is having over or
above 50% of market share then that firm would be known to be
having dominant position in market.
That firm is not allowed to misuse their power by abusing others
in market or even to customers as this is regarded to as illegal in
UK.
If that firm or group of firms are misusing their power they
would be capable of standing alone thus wiping out others small
firm from market.
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CONTINUED...
In article 102 of Competition Act 1998, abusing and
misusing of dominant position by the Treaty of Lisbon in
been stated. Firm could exploits consumer by various
ways like that of:
Unfair practice
Charging Higher Prices
Limiting supply in marketplace
Imposition of unfair terms and conditions
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3.4 Considering examples under EU law and
exemptions will be made potentially anti
competitive.
If any company is been found guilty of abusing and misusing their
power as dominant position then they are having some exemptions
which would be as follows:
Individual exemptions
Block exemptions
Parallel exemptions
So in the case of United Brand they were not exempted from
any of the above mentioned exemptions court declared that they
were found guilty of abusing customers by not supplying bananas
in market to customers.
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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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