By Nick Gardner
Although written basically to be used through British businessmen, this ebook additionally goals to supply an advent to the topic of pageant coverage to scholars of legislation, of economics, and of public administration.
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Extra info for A Guide to United Kingdom and European Community Competition Policy
There are no penalties except for breach of an order to desist, and no provision for private civil actions. A similar approach is taken to individually enforced anti-competitive practices. 2 The Legislative Framework A INTRODUCTION British and European Community legislation set the framework within which competition policy operates in Britain. Community law takes precedence over British law, but is concerned only with matters wh ich may affect trade between member states (a business which trades only within Britain is not, however, exempt from the provisions of Community law if its conduct could have an effect upon imports from other member states).
The new law will also provide for the exemption of agreements which would fall within the terms of a Community block exemption, but for the fact that they do not affect trade between member states. Further block exemptions may follow, and individual exemptions will be provided for under conditions similar to those laid down in Article 85(3). ) C ABUSE OF A DOMINANT POSITION Community Law The Treaty of Rome prohibits as incompatible with the common market: any abuse by one or more undertakings of a dominant position within the common market or in a substantial part of it .
Similarly, the more remote the regulatory body is from day-to-day political control, the less likely are its decisions to be influenced by transitory political considerations. For constitutional reasons, however, some degree of external control over the regulatory authorities has normally been considered necessary to guard against possible abuse of their delegated powers. In principle, one such safeguard is apower of veto by the legislature or by ministers. Another is a provision for appeal to a court of law.
A Guide to United Kingdom and European Community Competition Policy by Nick Gardner