Nobody downloaded yet

European Union Competition Law - Essay Example

Comments (0) Cite this document
The focus in this paper is on European Union Competition Law. The aim of the EU Competition law is to come up with a single market so as to allow firms from Europe to access new markets including those that had been blocked following government barriers…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97.6% of users find it useful
European Union Competition Law
Read TextPreview

Extract of sample "European Union Competition Law"

Download file to see previous pages It is evidently clear from the discussion that the process has to be facilitated by EU vertical agreements and guided by the Competition law between the local distributors and the producers seeking new markets. The efficient distribution accompanied with proper after and pre-sales support makes part of pro-competitive process which ends up benefiting consumers. However, the vertical agreements between distributors and producers may also lead to the continuation of market partitioning and act as barriers to new entrants whose presence would have intensified the market competition and resulted in a declining pressure on prices. Thus the vertical agreements between distributors and producers can therefore be used in a pro-competitive way so as to promote the market’s efficient distribution and integration. The differences in prices among Member States that still exists offer incentives for new companies to access markets and also form barriers against new competition. This trend is as a result of the vertical agreements and constraints being pro-competitive in most cases. Enforcement priorities, modernization and more focus being put on effects has led the Competition Law actions to shy away from such agreements and lean towards restrictive practices which it considers being more serious. Since the enactment of Regulation No. 1/2003 as well as the prior notification requirement abolition, the EU Competitive Law decisions regarding vertical agreements have been almost non-existing concerning the Court of Justice litigation on this issue. 3. Following this premises, and without including the developments of major case laws in the adaptation of the new vertical agreement framework, the Law had correctly assumed that the Regulation No. 2790/1999 had come up with a system that was working smoothly. Consequently, the Regulation No. 330/2010 gave a full exemption to particular vertical agreement categories included with new guidelines4. Vertical agreements that are normally concluded between limited market power companies and lack competition hardcore restrictions are normally alleged to be pro-competitive and hence are covered by generalized exemption. Cross agreements which do not qualify according to exemptions do not face automatic prohibition but included as considering the vertical agreements beneficial effects, the undertakings and turnover should not undergo different treatment. Resale Price Maintenance (RPM) The EU Competition law has had remarkable impacts on vertical agreements including the way it affects the RPM5. Most lawyers and economist have argued that the Competition Law has had pro-competitive effects on RPM in relation to vertical agreements. The Supreme Court had a take in this during the Leegin case where it ruled to its favor but with a weak majority. The Competition Law has had both anticompetitive and pro-competitive affects on RPM but the situations leading to pro-competitive effects have proved to be of great significance to vertical agreements. In a situation where there the RPM is strict, free-riding problems can be easily overcome in situations where pre-sale services are offered to consumers by retailers and go ahead to impact such services on the price6. In a similar situation, another retailer may resolve on doing away with the pre-sale services, hence ends up bearing the additional costs but supplies goods at a price that is reduced by taking advantage of the other retailers move to provide pore-sale services. In other ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“European Union Competition Law Essay Example | Topics and Well Written Essays - 1750 words”, n.d.)
Retrieved from
(European Union Competition Law Essay Example | Topics and Well Written Essays - 1750 Words)
“European Union Competition Law Essay Example | Topics and Well Written Essays - 1750 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF European Union Competition Law

American and European Union competition law

...?American and European Union Competition Law The purpose of competition law is to ensure that the consumers pay the lowest possible price for the high quality of goods and services they consume. This objective will be achieved through introduction of healthy competition amongst the products owners. The other effect of the competition law is to discourage unhealthy practices in the business. It also eradicates the inefficient, incompetent and slow businesses, which do not respond to the changes of present day requirement. The American economy depends on capital and free enterprises. A...
11 Pages(2750 words)Essay

European Competition Law

...?European Competition Law Introduction Establishment of single market in European Union has necessitated uniform competition law regime. Therefore standardization of the statutory framework with regard to competition was introduced. Article 102 of the Treaty on the functioning of European Union (2008) stipulates “Any abuse by one or more undertakings of a dominant position within the internal market or in a substantial part of it shall be prohibited as incompatible with the internal market in so far as it may affect trade between Member States” (Official Journal of the...
5 Pages(1250 words)Essay

European Competition Law

...discussion of State Aid in the European Union followed by the Judicial and Academic attitudes towards it in the United Kingdom. Although in the past State Aid was considered a "poor relative" of European competition law and viewed as a rather politically motivated/policy based phenomena. Things have changed in the past two decades however and the EU version of State Aid control has assumed the significance of its American counterpart pertaining to antitrust enforcement and merger control. Every year the EU commission reviews thousands of state aid cases each year, as lengthy investigations are undertaken to and many companies have found themselves...
22 Pages(5500 words)Essay

European union competition law practice and implementation

...EUROPEAN UNION COMPETITION LAW - PRACTICE AND IMPLEMENTATION Introduction The formation of the European Union (EU) is the largest human public enterprise with diverse population across many states, nations and provinces to adhere to and accept common norms of public and to an extent private functioning. The EU has been very effectively nurtured over the years by drafting and creating legal provisions which benefit people of all its constituent nations uniformly and ensure that their rights and privileges are protected by the community. The guiding paradigm for evolution of these laws has been the European Social Model. The interface of business and commerce between nations results in fears, real as well as imaginary on competition... . These...
15 Pages(3750 words)Essay

European Union Law discussion

..."Rather than actively promoting equality between human beings, European Union Law is limited to merely combating discrimination" Critically Discuss Introduction In 2005, France and Holland rejected the project of a common Constitution for all the member states of the European Union. The reasons and consequences of this refusal are various: contesting vote against European leaders, fear of a globalized world, disproval of the enlargement of the Union.1 However, this discontentment of the voters towards a Constitution shall not wipe out the progressive efforts that the European Union...
6 Pages(1500 words)Essay

European union law

...The EU is responsible for in excess of 20% of world trade and 31% of global output with significant impact on world affairs. Members not only derivefinancial advantages but also the respectability of being associated with others who believe in democracy and the rule of law (Steiner and Woods, p17). The original economic aims of the Treaty of Rome (1957) can be found in the preamble: …the removal of existing obstacles calls for concerted action in order to guarantee steady expansion, balanced trade and fair competition. (quoted by Bruce, 2001, p41) But society has changed enormously in the last 50 years and as Mitchell (2005) argues [that] with more nations joining, coupled with expansion in the scope...
4 Pages(1000 words)Essay

European Union law

...-competitive practices by parties through the above principles laid down in article 101 (1) and they are considered illegal even with passive participation of undertakings in the meeting of the likeminded parties. References Aalborg Portland A/S, C-204/00 (ECR 1 2004) in Koenig, C., Schreiber, K., & Dennis, S. (2011). European Competition Law in a Nutshell. Berlin: Lexxicon. Bayer AG , T-41/96 (ECR 11 2000).in Koenig, C., Schreiber, K., & Dennis, S. (2011). European Competition Law in a Nutshell. Berlin: Lexxicon. Christian, T.-F. (2010). The Cambridge Companion to European Union...
8 Pages(2000 words)Essay

European Union Law

...European Union Law The nature of rules as well their respective applications vary significantly based on context despite cases in question arbitrated falling in a similar category (Chalmers, Davies & Monti, 2010). This is due to both inclusion and consideration of varied situations of the involved parties despite the rules in question intended to resolve similar matter at hand. Hence, lead to discrepancies in terms of measures which the court ought to consider in a particular case especially when involving member states because aspects used to back arguments related to those argued may significantly vary (Hargreaves & Homewood, 2013). This leads to the lack of definite distinctions...
6 Pages(1500 words)Essay

Competition Law in the European Union and the United Kingdom

... Competition Law in the European Union and the United Kingdom Organizations with an advantaged position always tend to be the determinants of commodity prices and even quality owing to the unavailability of sufficient choices for consumers in a free market. It is in order to curb such vices that the European Union and the government of the United Kingdom regulate the operations of organizations deemed to posses such a capacity. The laws prohibit anti-competition agreements among dominant firms and also illegalize the abuse of dominance. This paper provides an analytical description of the...
12 Pages(3000 words)Essay

Critically evaluate the nature of the relationship between intellectual property law and competition law, with particular emphasis on the European Union

...Nature of the relationship between intellectual property law and competition law, with particular emphasis on the European Union Table of Contents Introduction 3 Intellectual Property rights and the single market 4 Exhaustion of Rights Doctrine and Harmonization 5 The application of Article 101 of TFEU and Intellectual Property Rights 6 Case of the Maize Seeds 8 Know-how licenses 11 Copyright licenses 11 Trade Mark Licenses 12 Technology Transfer Agreements 13 Instruments of the Commission to deal with technology transfer agreements 13 Definition of IPRs and technology transfer agreement 13 Market Power 14 Block exemption (Article 2) and Market Share cap (Article 3) 14 IPR and abuse of a dominant position 15 The Magill Case 16... between the...
20 Pages(5000 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic European Union Competition Law for FREE!

Contact Us