Got a tricky question? Receive an answer from students like you! Try us!

LLM EC Competition law - Essay Example

Only on StudentShare
Author : ivyheller

Summary

One of the initial goals of the EC was to make trading in the European Economic Area simpler by eradicating the barriers to trade within the region. This included the abolishment of imports and excise tax within the region; as well as protectionist policies instituted by the domestic governments to promote the sale and trade of domestic products…

Extract of sample
LLM EC Competition law

Within the UK Articles 81 and 82 EC have been incorporated into the Competition Act 1998 (CA). The aim of these articles and the CA is to prohibit agreements, business practices and behaviors that have, or are intended to have, a damaging effect on competition in the UK (in the EU for the EC Articles).1 Article 81 prohibits any dealings that will distort competition within the EU, which includes any agreement from insider trading through to companies discriminating to supply goods or services on the basis of preferential businesses. The sale and supply of goods and services should be open to all members of the class that the company deals with. Also the sale of goods and services should be based on fair and open grounds, examples that the Office of Fair Trading and the EC use to illustrate anti-competitive agreements, in addition to cartels, include:
The basis that the EC has used to identify what grounds are anti-competitive can arguably be determined as not economic, but more socially based. On economic grounds could such agreements as shown above not be a way to create a more competitive market, because if the present competitors agree to limit output does this not open the door for new businesses to open up in order for supply to meet the demand. ...
Download paper

Related Essays

EC Law
It is essential to ensure that Community rights are enforceable against both the public and private parties to a lawsuit.…
10 pages (2510 words)
"The treatment of vertical agreements in EC competition law has changed significantly during the last ten years."
Article 81 regulates anti-competitive behaviour in a wide range of scenarios and has been applied with reference to what the EU is trying to achieve: a level playing field2 for competition within an internal market. The aim of achieving market integration between the Member States is apparent in many rulings of the Commission and European courts.…
15 pages (3765 words)
European union competition law practice and implementation
European competition law has been developed over the years to overcome these fears and provide legal guidelines for fair implementation of business practices.…
15 pages (3765 words)
EC Competition law
It shall have no inherent or residual powers'.…
3 pages (753 words)
EC Competition Law:Critically discuss the relationship between the rules on state aids and Articles 28 EC, 86 EC and 90 EC by reference to the case law of the E
If some essential feature of State Aid breaches an explicit treaty provision, then it will be deemed to be incompatible with the Common Market. This precludes the Commission from allowing tax concessions, if they infringe treaty tenets like disallowing charges having equivalent effect, which is specified in Article 23 EC; internal taxation that is biased, as provided for in Article 90 EC3; “or secondary legislation harmonizing VAT, Capital duties, Excise duties or Energy taxation4.”…
15 pages (3765 words)
EC Law
It is evident that the European Union needs to put some laws to prevent companies that produce mobile phones from producing phones with such negative impacts. Although the European Union set up a law on the amount of radiation a phone is expected to emit, the British government has not yet implemented it (Steiner, 2003, pp.51-60).…
10 pages (2510 words)