EU Competition Law Competition policy has been a central element of the European Union Treaties since the outset. The completion of the customs union, common market and later the single market required a system of competition control, to ensure that competition in the single market was not disturbed. The Treaty on the Functioning of the […]
Public Procurement Law European Union Law binds member states and public authorities. Such authorities and bodies are significant purchasers of goods and services. The common market for goods and services in the European Union requires transparent, non-discriminatory procurement by public authorities. The EU Legislation lay down EU wide rules and principles in relation to procurement. […]
Types of Process There is a number of types of procurement procedures permitted under the 2014 directives. The most common procedure is the open procedure by which all interested parties may tender a single fully priced offer in response to an advertisement. The restricted procedure requires interested parties to prequalify. They then may be invited […]
Anti-Competitive Agreements and Practices EU, UK and Irish legislation prohibit agreements, concerted practices and decisions by businesses or businesses association which have as their the object or effect, the prevention, restriction or distortion of competition. The prohibition covers formal and informal agreements, arrangements and tacit understandings between businesses not to compete or to limit competition. […]
General Vertical restraints are agreements made between persons operating at different levels in the market, such as manufacturers and distributors. Vertical agreements come in a variety of forms including franchising agreements, distribution agreements and single branding agreements. There may be a mixture of different elements in particular types of agreements. Vertical agreements typically contain restraints […]
Rationale Article 102 of the European Union Treaty prohibits the abuse of a dominant position within the European Union, insofar as it may affect trade between member states. The corresponding domestic legislation focuses on abuse of dominant position within the State. The prohibition applies to actions by “undertakings” which include individuals and corporations which undertake […]
Dominance Dominance must be considered with reference to the relevant market, once ascertained and defined. Dominance has been defined as a position of economic strength enjoyed by an undertaking, which enables it to prevent effective competition being maintained on the relevant market, by affording it the power to behave to an appreciable extent, independently of […]
Definition of Abuse Article 102 of the EU Treaty sets out indicative examples of abuse of a dominant position. They include; directly or indirectly, imposing unfair purchase or selling prices or other unfair trading conditions; limiting production, markets or technical development, to the prejudice of consumers; applying dissimilar conditions to equivalent transactions with other trading […]
