Competition law - Essay Example

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Introduction Cartels in whatever form perform acts that is inimical to the interest of the public. It is considered by many including the European Union as band of legitimate bandits preying on the innocent and robbing them blind. Thus, the EU have provided laws that will regulate, monitor the conduct of companies to ensure that cartels are not formed if not to guard against alliances by companies that can be considered as cartels…
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Competition law
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Download file to see previous pages Due to the influx of complaints that reaches the office of the European Court of Justice, a new accord was passed to devolve the function to the national competition authority and the national courts of each jurisdiction. The new process was formulated to ensure that more focus is given to each complaints and also to ensure that proper monitoring of the conduct of the companies within each jurisdiction is well managed. As it is there are three ways wherein monopolies or cartels can be broken. Through notification where the companies themselves will submit to the regime of the national competition authority the agreements it will enter into with a company within the same industry. The Notification process will certify and state the reason to the National Competition Commission on why the agreement is not in violation of the anti cartel law. The other process wherein attention to the existence of the cartel will be put to the fore is through the initiation of a complaint against the cartel or the companies that make up the cartels. It is normally lodged by consumers acting to preserve and protect its interest against acts by company considered as against public policy. The National Commission itself acting on its behalf and in congruence with its power may investigate and launch its inquiry as to the existence of the cartel. The process enunciated above at first instance can be considered as laudable due to the focused implementation of the law by the National Competition Authority of each jurisdiction. To illustrate: The notification process only provides a prima facie evidence that would make the companies involved in the agreement or alliance. This will pave the way for undocumented gentlemen’s agreement to be hatched in golf courses or similar fora. While more powers are given to the National Competition Authority to assess, rule and provide guidance to companies willing to submit itself to the regime of the NCA, the European Court of Justice have effectively reduced its clout over the TFEU. Legal backGround In 1952, the European Coal and Steel Community (ECSC) was created not only to boost economic growth in Europe in the aftermath of the Second World War but more importantly, to foster lasting peace. This treaty marked the beginning of the free movement of coal and steel and it guaranteed access to sources of production as well as the establishment of fair competition rules and price transparency. Under this Treaty, three cases were identified as hindrance to free trade and fair competition—agreements, concentrations and the abuse of dominant positions thus it explicitly provided that any agreement and undertaking could be nullified or an association could be disbanded if they would likely promote unfair competition or directly or indirectly prevent, restrict or distort free enterprise or fair competition. The European Economic Community (then known as EEC but now referred to as the EC Treaty) pursuant to the Treaties of Rome established the single or common European market on 1 January 1958. Under this Treaty, the free movement of people, goods and services were similarly conferred to achieve the envisioned economic development under the single or com ...Download file to see next pagesRead More
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