Competition Law Dissertation Help
Competition law seeks to encourage healthy contests. It prohibits the anticompetitive pacts between organisations and firms like agreement of fix costs or to divide the market, and it makes it illegal for the businesses to exploit the leading market position. You must become conscious about the rules and be committed to not breaking the rule of law or to becoming the object of the anticompetitive performers. There are more severe sanctions for the violations. Those can be put into charge, expel the director and other authoritative figures, and in certain cases, put the mintojail. Under this law, business mergers can also be forbidden if they decrease competition and markets that have low or no competition can be inspected through market observation.
Anticompetitive Agreements
The Competition Act 1998 (Act) forbids anticompetitive agreements among firms and their businesses. Especially, you need not:
- Agree to fix costs and terms and conditions of trade, for example, accepting the rise in the price of your competitors
- Agree to set out the fixed parameters for productions to decrease competition
- Divide the competition and customers, for example, accepting the competitor's terms like agreeing on its contract and providing another.
- Doing injustice between customers, for example demanding different prices and imposing terms, while there is not a difference in supply.
Any pact that stops, limits, or misinterprets the competition is enclosed. An agreement can be formal such as legally binding and informal like unwritten pacts. The act mostly applies to the pacts among firms with important combined market share. But all of the businesses including the smallest ones need to avoid involving in anti-competitive pacts like cartels.
Abusing the leading market position
The act also forbids abuse of the dominant market position. This is mostly implied to the businesses with large market share, generally with 40% or more. Other factors considered like whether the company is leading in terms of number and size of customers and competitors and that new business will come into set up in competition. The type of signs that specify abuse includes, taking or imposing unfair prices, forcing other trading terms on customers, restricting production, or not supplying the customers without any solid reason. OFT (Office Of Fair Trading) also observes whether abuse has affected the trade.
Penalties
OFT has ample power to investigate and take actions against those who break the rule of competition law. Penalties include fines of 10% from the company`s annual turnover. Also, directors can be expelled or disqualified, even can be imprisoned. Moreover, if the penalty is charged, customers and competitors can confidentially sue the companies that break the rule of law for any losses that have suffered because of the anti-competitive actions.
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