A Guide to United Kingdom and European Community Competition by Nick Gardner

By Nick Gardner

Although written essentially to be used via British businessmen, this e-book additionally goals to supply an creation to the topic of festival coverage to scholars of legislation, of economics, and of public administration.

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47). If so, it would appear that there is no European Community legislation conceming restrictive labour practices. The Legislative Framework 37 UKLaw For the purpose of the Fair Trading Act 1973, a restrictive labour practice is defined as: any practice whereby restrictions or other requirements, not ... relating exclusively to rates of remuneration, operate in relation to the employment of workers in any commercial activities in the United Kingdom or in relation to work done by any such workers, and are restrictions or requirements which (a) could be discontinued without thereby contravening the provisions of an enactment or of any instrument having effect by virtue of an enactment, and (b) are not necessary for, or are more stringent than is necessary for, the efficient conduct of those activities.

Employment Fr: Promoting the balanced distribution of industry and employment. RTP: Removal would have serious and persistent adverse effect on the general level of unemployment. Exports Fr: Promoting competitive activity by UK companies in markets outside the UK. RTP: Removal would cause a reduction in export business. Health and safety RTP: Necessary to protect the public against injury. RP: Removal likely to cause danger to health. all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between member states and which have as their object or effect the prevention, restrietion or distortion of competition within the common market, and in particular those which: 28 A Guide to UK and EC Competition Poliey (a) directly or indirectly fix purchase or selling prices or any other trading conditions; (b) limit or control production, markets, technical development or investment; (e) share markets or sourees of supply; (d) apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a eompetitive disadvantage ; (e) make the conclusion of eontracts subjeet to aceeptance by the other parties of supplementary obligations which, by their nature or aceording to eommereial usage, have no eonneetion with the subject of such eontracts.

There are no criminal penalties for failure to register a registrable agreement, but parties to such an agreement are subject to actions in the civil courts. (Sections 2 & 35 RTP Act) The Restrictive Practices Court is required to find the relevant part of an agreement to be against the public interest unless it accepts one or more of the specific defences summarised in Table 1, and is further satisfied that the practice is: not unreasonable having regard to the balance between those circumstances and any detriment to persons not party to the agreement ...

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