An interpretation of Article 81(1) of British law concerning agreements between undertakings, decisions by associations of undertakings, and concerted practices.
Written in 2006; 1,649 words; 7 sources; MLA; $ 53.95
Paper Summary:
This paper explains that competition law policy has been implemented in many parts of the world in order to achieve 'workable competition' and prevent the formation of a 'cartelised' economy. In particular, the paper looks at how Article 81 of the European Community Treaty plays an important role in regulating competition in the Europe. The paper discusses how, although the Commission has been keen not to allow there to be legalistic distinctions between the treatment of agreements and concerted practices in Article 81(1), and has received the support of the community courts in this endeavour, there still seems to exist an artificial distinction that makes both terms conceptually distinct.
From the Paper:
"From these cases, we can conclude that the notion of a 'concerted practice' has increasingly been given wider definitions, the crux of which consists of a mental consensus whereby practical cooperation is knowingly substituted for competition, and that such can be achieved through direct or indirect contact between the parties without it being verbal. Hence, in the Cement appeals , the CFI held that receiving information at a meeting about the future conduct of a competitor constituted a concerted practice, even if one was a mere passive recipient of such information . Also in Soda-ash/Solvay , the Commission stated that a formal agreement is not necessary to prove collusion, as long as each party infers commitment from the other on the basis of conduct . These cases seem to show that concerted practices come under the umbrella of 'agreements', but only covers the less formal ones."
We have thousands of high-quality term papers, research papers, essays, book reports and dissertations on every topic. At AcaDemon, you can download those term papers to help you write yours! You can be sure that the term paper, essay, book report or research paper you download are top-quality, competitively priced and high-level work.
This Free Term Paper Abstract is a part of our Term Paper Library.Here you can purchase research papers, examples of essays, academic dissertations, articles, notes, analytical papers, book reports, stories and poems. We have thousands of persuasive, point-of-view, narrative, critical, compare and contrast and other types of essays in our Library. You can also find here Term papers on "Undertakings, Decisions and Concerted Practices", Essays on "Undertakings, Decisions and Concerted Practices", Research papers on "Undertakings, Decisions and Concerted Practices", Student papers on "Undertakings, Decisions and Concerted Practices", Book reports on "Undertakings, Decisions and Concerted Practices", Dissertation on "Undertakings, Decisions and Concerted Practices", Thesis on "Undertakings, Decisions and Concerted Practices", Summary of paper on "Undertakings, Decisions and Concerted Practices", Articles written on "Undertakings, Decisions and Concerted Practices".
Look for more research papers, essays and book reports on