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

By Nick Gardner

This ebook offers with festival coverage from the viewpoint of a company govt. It permits a hectic reader to head immediately to the company perform with which he's involved and from there to a precis of the specialists' therapy of that perform. whilst, it presents the reader who needs so as to add an appreciation of anti-trust compliance to his specialist portfolio with a complete assessment of the topic, including a advisor to helpful assets of additional information.

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Extra resources for A Guide to United Kingdom and European Union Competition Policy

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This chapter concentrates upon those aspects of law and practice which appear significantly to affect the conduct of the business of the regulatory authorities. The various regulatory authorities differ in the extent to which they are involved in policy-making, as distinct from the narrower function of deciding individual cases. Policy-making in this context is taken to include both the formulation of rules and guidelines, and the use of individual cases to influence general business conduct. The EU authorities have established that decisions in particular cases may be used to deter others from further occurrences of the practices in question.

Enterprises are taken to be under 'common control' if they are: (a) enterprises of interconnected bodies corporate; or, (b) enterprises carried on by two or more bodies corporate of which one and the same person or group of persons has control (as defined below); or, (c) an enterprise carried on by a body corporate and an enterprise carried on by a person or group of persons having control of that body corporate. A person is regarded as 'having control' of an enterprise if he is able directly or indirectly materially to influence the policy of that enterprise, although not having a controlling interest in it.

The Commission may publish its decision and authorise member states to take the measures, the conditions and details of which it shall determine, needed to remedy the situation. The Commission consists of 17 members, nominated by member governments and supported by a permanent staff of about ten thousand. It is responsible for executing the decisions of the Council of the European Communities (see below) but is otherwise independent of the Council. In other policy areas, the Commission proposes legislative measures for enactment by the Council, but in the sphere of competition policy, it takes legally binding decisions without reference to the Council.

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