United Kingdom/EU, 2003: Difference between revisions

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New page: '''Score = 27''' ''Governed by:'' Articles 81 and 82 of the Treaty on European Union, and EU Regulation 1/2003, as well as national legislation.<ref>EU statutes and regulations available ...
 
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'''Score = 27'''
'''Score = 23'''


''Governed by:'' Articles 81 and 82 of the Treaty on European Union, and EU Regulation 1/2003, as well as national legislation.<ref>EU statutes and regulations available online from the European Competition  Network, at http://ec.europa.eu/comm/competition/ecn/documents.html</ref>
''Governed by:'' Articles 81 and 82 of the Treaty on European Union [hereafter EU Treaty], and European Commission Regulations 1/2003 [hereafter "CR 1/2003"] and 139/2004 [hereafter “CR 139/2004], as well as national legislation.<ref>EU statutes and regulations available online from the European Competition  Network, at http://ec.europa.eu/comm/competition/ecn/documents.html</ref>
   
   
{| class="wikitable"
{| class="wikitable"
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| Extraterritoriality
| Extraterritoriality
| 1
| 1
| Scope extends to foreign corporations.<ref>Goyder, D. G., EC Competition Law, 4th ed. 2003, at 99.</ref>
| EU law governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.  


|- class="categorydivision"
|- class="categorydivision"
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| Fines
| Fines
| 1
| 1
| Articles 13 and 19 allow for fines for serious violations of the Competition Act.
| Section 36 of the UK Competition Act requires fines in certain cases.


|-
|-
|  
|  
| Prison Sentences
| Prison Sentences
| 0
| 1
|  
| Under the UK's Enterprise Act, individuals can receive prison sentences for cartel abuses, such as collusive price fixing.<ref>http://www.hfw.com/l3/new/newl3c040.html</ref>


|-
|-
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| Divestitures
| Divestitures
| 1
| 1
| Article 7 of Council Regulation No. 1/2003 allows for structural remedies.
| Article 7 of CR 1/2003 allows for structural remedies.


|- class="categorydivision"
|- class="categorydivision"
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| 3rd Party Initiation
| 3rd Party Initiation
| 1
| 1
| Article 12 says that any interested party can bring a violation to the attention of the Authority.
| The ability of 3rd parties to file a civil suit is not explicitly provided for in the Act but many explanatory memos and statements by Parliament have said this was their intention.<ref>''Competition Law in the EU'', at 74 and see Articles 81-82 of the Competition Act saying that the decisions of the Commission are to be in accord with “the civil liability of an undertaking for harm caused by its infringement of Community Law”.</ref>


|-
|-
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| Remedies Available to 3rd Parties
| Remedies Available to 3rd Parties
| 1
| 1
| Article 33 allows 3rd parties to file a civil suit for damages.
| Remedies are not explicitly provided for in the Act but many explanatory memos and statements by Parliament have said this was their intention.<ref>''Competition Law in the EU'', at 74 and see Articles 81-82 of the Competition Act saying that the decisions of the Commission are to be in accord with “the civil liability of an undertaking for harm caused by its infringement of Community Law”.</ref>
|-
|-
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| 3rd Party Rights in Proceedings
| 3rd Party Rights in Proceedings
| 1
| 1
| Article 27(3) of Council Regulation No. 1/2003 affords evidentiary rights to 3rd parties.  
| §47 of the UK Competition Act says that 3rd parties have the right to appeal decisions of the Commission.


|- class="categorydivision"
|- class="categorydivision"
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|  
|  
| Mandatory
| Mandatory
| 3
| 0
| Article 7(1) of CR 139/2004 requires notification.<ref>The new merger notification guidelines implemented by Council Regulation 139/2004 give undertakings the ability to request exemption from notification requirements.  However, because a formal request must be submitted and approved in order to gain exemption, the new notification guidelines are encoded here as requiring mandatory pre-merger notification.</ref>
|  
|-
|-
|  
|  
| Pre-merger
| Pre-merger
| 2
| 0
| Article 7(1) of 139/2004 requires pre-clearance.
|
|-
|-
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| Merger Assessment
| Merger Assessment
| Dominance
| Dominance
| 1
| 0
| Article 2(1) of CR 139/2004 considers dominance.
|  
|-
|-
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| Restriction of Competition
| Restriction of Competition
| 1
| 1
| Article 2(1) of CR 139/2004 considers the interests of intermediate and ultimate consumers.
| § 84 of the UK Fair Trading Act lists the effect on effective competition as a factor in evaluating public interest.
|-
|-
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| Public Interest (Pro D)
| Public Interest (Pro D)
| 1
| 1
| Article 2(1) of CR 139/2004 considers the development of technical and economic progress.
| The UK Enterprise Act provides a public interest defense for the sake of national security.<ref>http://www.spr-consilio.com/artcomm6.html</ref>
|-
|-
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| Public Interest (Pro Authority)
| Public Interest (Pro Authority)
| 1
| 1
| Article 2(1) of CR 139/2004 considers the interests of intermediate and ultimate consumers.
| §72(2) of the UK Fair Trading Act and § 84 of the UK Competition Act says that when deciding whether a merger qualifies for investigation the Commission must report on adverse effects to the public interest.
|-
|-
|  
|  
| Other
| Other
| 0
| 1
|  
| §84 of the UK Fair Trading Act lists the effect of the merger on activity outside of the UK as well as the overall effect of the merger on the distribution of industry and employment in the UK as factors to consider in merger assessment.
|-
|-
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| Efficiency
| Efficiency
| 1
| 1
| Article 2(1) of CR 139/2004 allows an efficiency defense.
| § 84 of the UK Fair Trading Act lists cost reduction among the factors to be considered.
|- class="categorydivision"
|- class="categorydivision"
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| Limits Access
| Limits Access
| 1
| 1
| Article 82(b) prohibits abuse of a dominant position.
| Article 82(b) of the EU Treaty prohibits abuse of a dominant position.
|-
|-
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| Abusive Acts
| Abusive Acts
| 1
| 1
| Article 82 prohibits abuse of a dominant position.
| Article 82 of the EU Treaty prohibits abuse of a dominant position.


|-
|-
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| Price Setting
| Price Setting
| 1
| 1
| Article 82(a) prohibits price setting.  
| Article 82(a) of the EU Treaty prohibits price setting.  
   
   


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| Discriminatory Pricing
| Discriminatory Pricing
| 1
| 1
| Articles 81(1)(d), 82(c) prohibit discrimatory conditions.
| Articles 81(1)(d) and 82(c) of the EU Treaty, prohibit discrimatory conditions.
|-
|-
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| Resale Price Maintenance
| Resale Price Maintenance
| 1
| 1
| Article 81 prohibits minimum resale price restrictions.<ref>EC Competition Law, at 97.</ref>  
| Article 81 of the EU Treaty prohibits minimum resale price restrictions.<ref>EC Competition Law, at 97.</ref>  
|-
|-
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| Obstacles to Entry
| Obstacles to Entry
| 1
| 1
| Article 82 prohibits anti-competitive pricing schemes.<ref>Id, at 283.</ref>  
| Article 82 of the EU Treaty prohibits anti-competitive pricing schemes.<ref>Id, at 283.</ref>  
|-
|-
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| Price Fixing
| Price Fixing
| 1
| 1
| Articles 81(1)(a) prohibits price fixing.
| Articles 81(1)(a) of the EU Treaty prohibits price fixing.
|-
|-
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| Tying
| Tying
| 1  
| 1  
| Articles 81(1)(e), 82(d) prohibit tying.  
| Articles 81(1)(e) and 82(d) of the EU Treaty prohibit tying.  
|-
|-
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| Market Division
| Market Division
| 1
| 1
| Article 81 prohibits customer allocation clauses.<ref>Id, at 97.</ref>
| Article 81 of the EU Treaty prohibits customer allocation clauses.<ref>Id, at 97.</ref>
|-
|-
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| Output Restraint
| Output Restraint
| 1  
| 1  
| Article 81(1)(b) prohibits limiting production.  
| Article 81(1)(b) of the EU Treaty prohibits limiting production.  
   
   
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| Market Sharing
| Market Sharing
| 1
| 1
| Article 81(1)(c) prohibits market sharing.  
| Article 81(1)(c) of the EU Treaty prohibits market sharing.  
|-
|-
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| Eliminating Competitors
| Eliminating Competitors
| 1
| 1
| Article 81(1) prohibits agreements that have the purpose or effect of eliminating competition.
| Article 81(1) of the EU Treaty prohibits agreements that have the purpose or effect of eliminating competition.
|-
|-
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| Collusive Tendering/Bid-Rigging
| Collusive Tendering/Bid-Rigging
| 1
| 1
| Article 81 prohibits bid-rigging.
| Article 81 of the EU Treaty prohibits bid-rigging.
|-
|-
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| Supply Refusal
| Supply Refusal
| 1
| 1
| Article 81(1)(b) prohibits supply refusal.
| Article 81(1)(b) of the EU Treaty prohibits supply refusal.
|-
|-
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| Efficiency Defense
| Efficiency Defense
| 1
| 1
| Article 81(3) allows an efficiency defense.
| Article 81(3) of the EU Treaty allows an efficiency defense.
|}
|}

Latest revision as of 23:45, 16 August 2008

Score = 23

Governed by: Articles 81 and 82 of the Treaty on European Union [hereafter EU Treaty], and European Commission Regulations 1/2003 [hereafter "CR 1/2003"] and 139/2004 [hereafter “CR 139/2004], as well as national legislation.[1]

Category Subcategory Score Comment
Scope Extraterritoriality 1 EU law governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.
Remedies Fines 1 Section 36 of the UK Competition Act requires fines in certain cases.
Prison Sentences 1 Under the UK's Enterprise Act, individuals can receive prison sentences for cartel abuses, such as collusive price fixing.[2]
Divestitures 1 Article 7 of CR 1/2003 allows for structural remedies.
Private Enforcement 3rd Party Initiation 1 The ability of 3rd parties to file a civil suit is not explicitly provided for in the Act but many explanatory memos and statements by Parliament have said this was their intention.[3]
Remedies Available to 3rd Parties 1 Remedies are not explicitly provided for in the Act but many explanatory memos and statements by Parliament have said this was their intention.[4]
3rd Party Rights in Proceedings 1 §47 of the UK Competition Act says that 3rd parties have the right to appeal decisions of the Commission.
Merger Notification Voluntary 0
Mandatory 0
Pre-merger 0
Post-merger 0
Merger Assessment Dominance 0
Restriction of Competition 1 § 84 of the UK Fair Trading Act lists the effect on effective competition as a factor in evaluating public interest.
Public Interest (Pro D) 1 The UK Enterprise Act provides a public interest defense for the sake of national security.[5]
Public Interest (Pro Authority) 1 §72(2) of the UK Fair Trading Act and § 84 of the UK Competition Act says that when deciding whether a merger qualifies for investigation the Commission must report on adverse effects to the public interest.
Other 1 §84 of the UK Fair Trading Act lists the effect of the merger on activity outside of the UK as well as the overall effect of the merger on the distribution of industry and employment in the UK as factors to consider in merger assessment.
Efficiency 1 § 84 of the UK Fair Trading Act lists cost reduction among the factors to be considered.
Dominance Limits Access 1 Article 82(b) of the EU Treaty prohibits abuse of a dominant position.
Abusive Acts 1 Article 82 of the EU Treaty prohibits abuse of a dominant position.
Price Setting 1 Article 82(a) of the EU Treaty prohibits price setting.


Discriminatory Pricing 1 Articles 81(1)(d) and 82(c) of the EU Treaty, prohibit discrimatory conditions.
Resale Price Maintenance 1 Article 81 of the EU Treaty prohibits minimum resale price restrictions.[6]
Obstacles to Entry 1 Article 82 of the EU Treaty prohibits anti-competitive pricing schemes.[7]
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Articles 81(1)(a) of the EU Treaty prohibits price fixing.
Tying 1 Articles 81(1)(e) and 82(d) of the EU Treaty prohibit tying.
Market Division 1 Article 81 of the EU Treaty prohibits customer allocation clauses.[8]
Output Restraint 1 Article 81(1)(b) of the EU Treaty prohibits limiting production.


Market Sharing 1 Article 81(1)(c) of the EU Treaty prohibits market sharing.
Eliminating Competitors 1 Article 81(1) of the EU Treaty prohibits agreements that have the purpose or effect of eliminating competition.
Collusive Tendering/Bid-Rigging 1 Article 81 of the EU Treaty prohibits bid-rigging.
Supply Refusal 1 Article 81(1)(b) of the EU Treaty prohibits supply refusal.
Efficiency Defense 1 Article 81(3) of the EU Treaty allows an efficiency defense.

References

  1. ↑ EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html
  2. ↑ http://www.hfw.com/l3/new/newl3c040.html
  3. ↑ Competition Law in the EU, at 74 and see Articles 81-82 of the Competition Act saying that the decisions of the Commission are to be in accord with “the civil liability of an undertaking for harm caused by its infringement of Community Law”.
  4. ↑ Competition Law in the EU, at 74 and see Articles 81-82 of the Competition Act saying that the decisions of the Commission are to be in accord with “the civil liability of an undertaking for harm caused by its infringement of Community Law”.
  5. ↑ http://www.spr-consilio.com/artcomm6.html
  6. ↑ EC Competition Law, at 97.
  7. ↑ Id, at 283.
  8. ↑ Id, at 97.
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