Competition Law Prohibits Anti-Competitive Agreements. What Would Normally Be Prohibited

The exemption for anti-competitive agreements is not compliant. However, a dominant undertaking can demonstrate that it has an objective justification for abusive behaviour in other circumstances. This quick guide provides an overview of EU and UK competition rules. This quick guide focuses on the first three of these areas. It does not take into account merger control, market surveys or state aid. Given the uncertainty at the time of the letter on the outcome of the EU-UK negotiations, it also ignores the potential impact of Brexit on the continued application of EU competition law in the UK. For more information on these areas, please contact one of the partners on the last page of this Quick Guide or your usual Ashurst contact. The Competition Authority (CMA) is the UK`s leading competition authority, although there are a number of industry regulators that are also empowered to apply competition law in their respective sectors. These include the ACF for the financial services sector, Ofgem for electricity and Hydrowat for the water sector. EU competition law will no longer apply to the UK after 31 December 2020 and the UK Competition Authority and the courts will no longer apply it. However, EU competition law in force before that date, including the historical jurisprudence of European courts, will continue to be regarded as a „preserved European law“ in the UK.

This means that UK competition law will continue to be interpreted in accordance with EU law and pre-Brexit jurisprudence. However, in the future, some British courts may, in certain circumstances, depart from the maintained Eu law. In the above context, the ICC finds that any „reasonable condition“ that would end artitheich for the protection of intellectual property would not attract Section 3, but the imposition of an „unreasonable condition“ to protect the type of intellectual property would be contrary to Section 3 of the Act. The ICC contains a clear list of practices/agreements concluded for the protection of intellectual property, but which may be contrary to Section 3 of the Act5. Such practices/agreements are assumed to have significant negative effects on competition in India. The CMA and the European Commission have the power to conduct investigations on premises (and in certain domestic circumstances) and to take copies of documents, electronic records, e-mail and, in some cases, to seize original documents. These powers can also be used to inspect the premises of a company that is not suspected but may have relevant evidence to investigate another company. B, such as a customer, competitor or supplier.

These „Dawn Raids“ can take place without notice.