New PDF release: A Guide to United Kingdom and European Union Competition

By Nick Gardner

ISBN-10: 0333763912

ISBN-13: 9780333763919

This booklet bargains with festival coverage from the viewpoint of a enterprise govt. It permits a hectic reader to move immediately to the company perform with which he's involved and from there to a precis of the specialists' remedy of that perform. whilst, it offers the reader who needs so as to add an appreciation of anti-trust compliance to his specialist portfolio with a complete evaluate of the topic, including a advisor to worthy resources of extra details.

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Injunctions may be granted by the courts under that and other antitrust legislation, to prevent anticompetitive behaviour or to require divestiture of parts of a monopoly. Injured parties may bring actions for `triple damages', that is to say compensation amounting to three times the amount of the damage actually sustained. Taken together with legal presumptions which often tend to go against the defendant, these are powerful deterrents. Notwithstanding the controversy about the total economic effect of antitrust, there can be no denying its effectiveness in promoting competition.

Tape-recordings of the proceedings are made. The procedure throughout is intended to be administrative rather than adversarial or judicial. Hearings are held in private and do not usually last more than a day. Formal merger procedures are generally similar, but their operation is governed by strict timelimits. Remedies and penalties Infringements which are revealed by the above procedures are often remedied by voluntary action by the parties concerned. Remedies which may be ordered by the Commission include: (a) an order to terminate an agreement or practice; (b) an order to take positive action (for instance, to resume supplies which have been withheld); (c) an order requiring a company to divest itself of a company which it had acquired.

That appears also to be the current intention of the UK authorities. The normal practice of the former Monopolies and Mergers Commission, on the other hand, was to base each judgement exclusively upon the direct consequences of the case before them, without explicit regard to its effect upon wider business conduct. While their judgements do, for the most part, present a readily discernible pattern, there have been a few exceptions which ± for a time at least ± faced businesses with some uncertainty.

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A Guide to United Kingdom and European Union Competition Policy by Nick Gardner


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