United Kingdom/EU, 2003: Difference between revisions
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'''Score = | '''Score = 24''' | ||
''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> | ''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> | ||
Revision as of 20:59, 16 August 2008
Score = 24
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 | Scope extends to foreign corporations.[2] |
| Remedies | Fines | 1 | Articles 13 and 19 of CR 1/2003 allow for fines for serious violations of the EU Competition Act. 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.[3] | |
| 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.[4] |
| 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.[5] | |
| 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.[6] | |
| 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.[7] | |
| Obstacles to Entry | 1 | Article 82 of the EU Treaty prohibits anti-competitive pricing schemes.[8] | |
| 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.[9] | |
| 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
- ↑ EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html
- ↑ Goyder, D. G., EC Competition Law, 4th ed. 2003, at 99.
- ↑ http://www.hfw.com/l3/new/newl3c040.html
- ↑ 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”.
- ↑ 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”.
- ↑ http://www.spr-consilio.com/artcomm6.html
- ↑ EC Competition Law, at 97.
- ↑ Id, at 283.
- ↑ Id, at 97.