A Guide to United Kingdom and European Community Competition - download pdf or read online

By Nick Gardner

ISBN-10: 0312045166

ISBN-13: 9780312045166

ISBN-10: 1291979883

ISBN-13: 9781291979886

ISBN-10: 1349107824

ISBN-13: 9781349107827

ISBN-10: 1349107840

ISBN-13: 9781349107841

Although written basically to be used via British businessmen, this e-book additionally goals to supply an advent to the topic of pageant coverage to scholars of legislations, of economics, and of public administration.

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32 A Guide to UK and EC Competition Policy Proposed Exemptions De minimis provisions are proposed which would allow certain categories of agreement to be exempt from penalties unless the Director General of Fair Trading has investigated the effects of the agreement individually and ordered it to be abandoned. Those provisions will not apply to resale price maintenance nor to other price-fixing agreements. For horizontal agreements it is proposed to set the threshold at a total UK turnover for the parties initially 'somewhat higher than f5 million'.

If, after examination, the Commission intends to grant the application, it must publish a summary and invite comments from third parties. It must also consult the Advisory Committee on Restrictive Practices, which consists of experts nominated by each member state. An agreement for which a formal exemption is gran ted remains legally valid for the period of the exemption and a negative clearance remains in legal force unless or until it is revised in the light of a change in circumstances. As an alternative to granting formal exemption or negative clearance, the Commission may send the parties a comJort letter indicating that it has closed its file on the matter, because it sees no need to take any further action.

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. The possibility of appeal to a special court on matters of substance can be a source of delay, but it makes for consistency of decisions and openness in presenting the reasons for them. A dominant influence upon the conduct of the regulatory bodies is, however, the quantity and quality of the human resources at their disposal. Those bodies are, as will be seen, very small compared with the typical organisation which they are required to regulate, and the rewards and career prospects which they offer are also generally inferior.

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


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