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  • Essay / Competition Law in England - 1271

    Although competition law has had a place in the body of English law for many centuries, modern competition law policy first appeared in the aftermath of the Second World War. From the point of view of current laws, the laws then introduced were not able to deal with the situations prevailing in the market and had a faulty enforcement mechanism. The competition regime in the United Kingdom only saw a major boost after the adoption of the Competition Act 1998 and the Enterprise Act 2000. The doctrine of restraint of trade came into play a major role in the harmonization of freedom of trade and freedom of contract. The first law to come into force was the Monopolies and Restrictive Practices (Investigations and Controls) Act in 1948. The adoption of the Restrictive Trade Practices Act 1956 resulted in a dual system comprising restrictive activities and monopolistic. Over time, new laws were incorporated to address the challenges posed by the market. The fundamental objective of the adoption of the Competition Act 1998 was to adapt national law to Community law. This was done by introducing provisions dealing with the prohibition of anti-competitive agreements and abuse of dominant position. Section 2 of the 1998 Act is similar to Article 81(1) of Community law. Section 3 excludes certain types of agreements, such as mergers, which fall within the scope of the Fair Trading Act 1973. Section 50 provides for the ad hoc exclusion of land deals and vertical agreements. Section 4 provides for the granting by the Office of Fair Trading of “individual exemptions” from the ban where the conditions set out in section 9 are met by the agreements in question. Section 18 of the 1998 Act incorporates Chapter II, namely the ban... ... middle of paper ...... The Supreme Court and the ECJ must decide questions of predatory pricing. Prima facie, the section has been divided into two parts and hence both parts/conditions must be fulfilled, and hence, it is only when the price of the goods is less than the cost price with the aim of crowding out the competitors that we can say that this is the case. illegal and described as predatory pricing. Under the Competition Act 2002, even a dominant position in itself does not constitute an abuse or restrictive business practice. This is also the case under Section 2 of the Sherman Act of 1860 and Section 82 of the Community Competition Act. In MCX Stock Exchange Ltd v. National Stock Exchange of India Ltd., DotEx International Ltd. and Omnesys Technologies Pvt. Ltd, the CCI defined predatory pricing as the behavior “whereby a dominant undertaking incurs losses or forgoes profits in the short term, with the aim of ousting its competitors »..”