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

By Nick Gardner

This booklet bargains with pageant coverage from the point of view of a enterprise govt. It allows a hectic reader to move instantly to the enterprise perform with which he's involved and from there to a precis of the gurus' remedy of that perform. whilst, it offers the reader who needs so as to add an appreciation of anti-trust compliance to his specialist portfolio with a entire review of the topic, including a advisor to beneficial resources of extra details.

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The Clayton Act and its amendments do not create criminal offences. Objectives and interpretations Supreme Court interpretations have attributed objectives to the legislators of the Sherman Act, which go beyond the pursuit of economic efficiency. For example, Judge Learned Hand said that: great industrial consolidations are undesirable regardless of their economic results . . 21 and in 1962 the Supreme Court attributed to Congress the policy of `protecting viable, small, locally owned businesses .

Article 81(2)) Breaches of the prohibition may attract fines of up to ten per cent of turnover, and periodic penalties may be imposed for continuing breaches. (Articles 16 & 17 of Regulation 17) 1 Article 81 of the Treaty of Amsterdam replaced Article 85 of the Treaty of Rome in 1997. 22 A Guide to UK and EU Competition Policy Individual exemptions Exemptions to the above provisions may be granted by the Commission where the practice: contributes to improving the production or distribution of goods or to promoting technical or economic progress, while allowing consumers a fair share of the resulting benefit, and does not: (a) impose on the undertakings concerned restrictions which are not indispensable to the attainment of those objectives; (b) afford such undertakings the possibility of eliminating competition in respect of a substantial part of the products in question.

23 See the Commission notice on The Terms of Reference of the Hearing Officer OJ 1994 L330/67 [1995] or par. 201 of Comp Report 23 (1993). Regulatory Institutions and Procedures 45 Appeals. An appeal against a decision or a fine may be made to the European Court of First Instance by the parties to whom a decision is addressed or by third parties who are directly affected. C The Office of Fair Trading The role of the Director-General Duties The Director-General of Fair Trading occupies a focal position in competition policy in Britain.

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