Competition and Monopolies in UK Law
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L'Oréal SA and Others v Bellure NV (Case C-487/07)
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Mr Carr submits that in many other EU countries those circumstances are regarded as unfair competition. He is probably right about some EU countries, though my general understanding (I could not give chapter and verse) is that in some countries there has been a “rowing back” on what amounts to “unfair competition”. But even if such circumstances amount to unfair competition in some countries, it is surely clear that the concept of “unfair advantage” is an autonomous EU concept.
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Roche Products Ltd and Others v Provimi Ltd
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It seems to me to be arguable that where two corporate entities are part of an "udertaking" (call it "Undertaking A") and one of those entities has entered into an infringing agreement with other, independent, "undertakings", then if another corporate entity which is part of Undertaking A then implements that infringing agreement, it is also infringing Article 81.
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Emerald Supplies Ltd v British Airways Plc
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A second difficulty is that the members of the represented class do not have the same interest in recovering damages for breach of competition law if a defence is available in answer to the claims of some of them, but not to the claims of others: for example, if BA could successfully run a particular defence against those who had passed on the inflated price, but not against others.
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Petrofina (Gt. Britain) Ltd v Martin
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A contract in restraint of trade is one in which a party (the covenanter) agrees with any other party (the covenantee) to restrict his liberty in the future to carry on trade with other persons not parties to the contract in such manner as he chooses.
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Unwired Planet International Ltd v Huawei Technologies Company Ltd and Another Unwired Planet LLC (Tenth Party)
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The second version of non-discrimination referred to is one which "some economists" have proposed. Since the ETSI FRAND undertaking already obliges licensors to offer licences to everyone, it does not add anything to that. It is also weaker than the benchmark FRAND rate approach, which at least applies to all licensees with licences of the same type.
In my judgment the ETSI FRAND undertaking should not be interpreted so as to introduce the kind of hard-edged non-discrimination obligation supported by Huawei without also including consideration of the distortion of competition. Competition law does not seek to prohibit different prices being charged to different customers.
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R v Monopolies and Mergers Commission, ex parte Argyll Group Plc
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Lastly, good public administration requires decisiveness and finality, unless there are compelling reasons to the contrary.
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Competition Act 1980
... ... acquisition of goods and the supply and securing of services; to provide for references of certain public bodies and other persons to the Monopolies and Mergers Commission; to provide for the investigation of prices and charges by the Director General of Fair Trading; to provide for the making of ... ...
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Monopolies and Restrictive Practices (Inquiry and Control) Act 1948
... ... or not, and whether by agreement or arrangement or not, so ... conduct their respective affairs as in any way to prevent or ... restrict competition in connection with the production or ... supply of goods of the description in question (whether or not ... they themselves are affected by the ... ...
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Broadcasting Act 1990
... ... to the maintenance or promotion of fair and effective competition in that area or locality; ... (d) that, in the case of a local licence, ... 2003/3142, art. 3(1), Sch. 1 (with art. 11) ... References to Monopolies and Mergers CommissionMMC ... (4) ... ...
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Monopolies and Mergers Act 1965
... ... 3(2) or 5(2) or (3) of that Act (which relate to arrangements and ... practices preventing or restricting competition), whether or not ... the reference is also so framed as to limit the investigation and ... report to the facts ... (4) If a person makes default ... ...
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Reviews
Tony Verheijen (ed.), Civil service systems in Central and Eastern Europe Steve Leach and David Wilson, Local political leadership G.W Jones Steve Wilks, In the public interest: competition policy ...... ... to cope adequately with the new realities of liberty and competition. Civil services and other public bureaucracies presented some special ... Science IN THE PUBLIC INTEREST: COMPETITION POLICY AND THE MONOPOLIES AND MERGERS COMMISSION Steve Wilks Manchester University Press, 1999. 382 ... ...
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REVIEWS
The Courts and Criminal Punishments. By Sir John Vincent Barry. [New Zealand The Government Printer, Wellington, New Zealand. The Formation and Annulment of Marriage. By Joseph Jackson, m.a., ll.b....... ... CYRIL GRUNFEEL~. THE LAW RELATING TO THE CONTROL OF COMPETITION, RESTRICTIVE TRADE PRACTICES AND MONOPOLIES IN NEW ZEALAND. By ... ...
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COMPETITION BETWEEN PORTS AND INVESTMENT PLANNING
The 1960s were a decade of rapid change in overseas transport technologies. That decade saw the introduction of container ships, hovercraft, massive tankers and ore carriers, LASH (lighter‐aboard‐s...... ... Therefore, as the natural, long term tendency would be for port (and perhaps shipping) monopolies to develop it is in the best interests of the users of port facilities for national control to be exercised over them. In ... ...
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Advertising, Barriers to Entry and Competition Policy
The controversy as to whether or not advertising impairs the efficient functioning of markets because it acts as a “barrier” to new firms wishing to enter a market has once again attracted the inte...... ... In this article we look at theadvertising-barrier to entry issue as seen in anumber of Monopolies and MergersCommission investigations. Our contention isthat not only must the conventional negativeview of advertising be tempered by thepositive ... ...
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The CMA’s Paper on Pricing Algorithms, Collusion and Personalised Pricing
On 8 October 2018, the UK Competition and Markets Authority (“CMA”) published a Working Paper on the ‘use of pricing algorithms to facilitate collusion and personalized pricing’ (the “Paper”). It f...
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The CMA’s Paper on Pricing Algorithms, Collusion and Personalised Pricing
On 8 October 2018, the UK Competition and Markets Authority (“CMA”) published a Working Paper on the ‘use of pricing algorithms to facilitate collusion and personalized pricing’ (the “Paper”). It f...
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The Penrose Report – are we heading for a “new normal” in UK competition policy?
The Penrose Report to the UK Government recommending wholesale reform to the UK’s competition regime is a paean to the power of deregulation and increased competition to drive economic growth and b...... ... Penrose suggests that the DMU should be renamed the NDMU – the Network & Data Monopolies Unit – and that its powers should: ... be ring-fenced from the CMA’s existing powers; ... only apply to individual firms that own and run new ... ...
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EU Antitrust Authorities To Take Value Of Personal Data Into Consideration When Reviewing Digital Markets In Merger And Antitrust Cases
...In an interview on 9 April 2015, European Competition Commissioner Margrethe Vestager indicated that companies who control ... issues before they arise, to prevent the creation of monopolies over data. An interaction between data protection and competition policy ... ...