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Competition Regulation in the UK Stage 2: Enterprise Act 2002

Published online by Cambridge University Press:  31 July 2008

Hilda O'Connor
Affiliation:
Hilda O'Connor is a non-practising barrister and a competition law specialist who has worked in a number of London firms of solicitors. She has also lectured widely on the subject and has written numerous articles on competition law for various legal journals and broadsheet newspapers. Her previous regulatory experience with the Competition Directorate of the European Commission will be added to by her work with the Office of Fair Trading later this year.

Extract

Few legal practitioners in the UK can be unaware of the introduction of the Competition Act 1998 (which came into force on 1 March 2000) and its impact upon commercial agreements/practices generally. Substantively, it prohibits agreements between undertakings, concerted practices and decisions by associations of undertakings i.e. decisions made by trade associations, which appreciably prevent, restrict or distort competition in the UK. Of course, this piece of national legislation is limited to the activities of businesses whose activities impact upon the competitiveness of the UK marketplace. The wider picture is provided by the European competition rules as embodied in Articles 81 and 82 of the EC Treaty. However, both regimes essentially prevent the same range of activities save that the UK system only looks for adverse impact in the UK, whereas the European rules are concerned with adverse effects upon interstate trade and hence the competitiveness of the European marketplace.

Type
Research Article
Copyright
Copyright © The British and Irish Association of Law Librarians 2003

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