Competition law

Document Type:Article

Subject Area:Law

Document 1

Some business and other large enterprises have been noted to be having some unhealthy competitions. Unhealthy competitions inhibit the success of other companies and business and it also breeds discontent and dissatisfaction within the business enterprise. The basis of the competition law, therefore, is to protect against any act of monopoly, unhealthy competition practices and also dealing with any practice that may jeopardize the development and the success of the business societies. The basis of the competition law is to protect against other business from unscrupulous companies who employ some rather dubious means to run their businesses. It is a law which binds all the businesses within a given region. Since then, various developments have been made in the law to enable it to funcstion well and with efficiency.

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The Modernization Commissions established in 2003 is the latest development in the law. The commission has played a key role in settling of more cases since then. Examples of such cases include the AKZO case which began in 1979, the Carlsberg/Interbrew case of 1994 and the refusal to supply case by Sea Containers in 1994. Abuse of a dominant position This is a broad area in the field of competition law. The development of the policy is to ensure that there is a clear competition policy between the various businesses within the region. The development of the same has also promoted respect for rage consumers rights in the region. The provisions of the Abuse of a Dominant Position, Article 102 highlights various types of abuses that the monopolistic entities may practice and which jeopardizes the development of a healthy competition business in the region.

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Some of the developments created and depicted in the article include the following (Laughton 17). • A business which directly or indirectly imposing the use of both the unfair purchases or selling process or any other unfair trading conditions in the land. The Relevant Market This is one of the major components of the European Union Competition Laws. The commission is tasked with the setting all the relevant information straight on any abuse of dominant position in the business. The commission also works towards setting the market analysis that will touch on how they will categorize and analyze the market the range of market dominance in the region. The occurrences and the level of care that the commission draws on this specific condition of the market analysis.

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Some of the dimensions given are analyzed below: • The Product Market The commission is fully responsible for analyzing all the products within the market. The European Commission is manned by its consumer laws to gather for all the investigations to ascertain the validity of the business within every geographical jurisdiction (Laughton 24). • The temporary Market A business sets itself in the market for the general benefit of the business and the immediate community. It is prudent to note that the market is a dynamic area. There are various changes within the market and which may force some other business to opt out of the market fast and there are also instances where the market is not much volatile and hence the business may maintain the volatility of the market for some time.

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There are various factors that may hinder or create the volatility of the market. The commission also checks against any form of predatory pricing. Predatory pricing, in this case, is taking advantage of the existing situation to charge some rather high prices given the condition that the consumers are facing. For example, a business, ay realize that it is the only one selling sugar and hence doubles up the price as the consumers have no other option. This is another major role of the commission and works to protect against such measures (Ashton 55). The European Commission has also set up laws which allow the commission to protect against any form of discrimination in the business world. It is important to note that as much as the business is an independent entity, there are some core factors that make the business a public utility.

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The public is the major beneficiary of any business organization. It is important to ensure that the public et the best out of the business or out of any company without in any way jeopardizing the rights and the core responsibilities of both the business to the public and also the public to the businesses. In so doing, the commission ensures that the needs of the consumers are fully gathered for and provided within the business context. Goods and other services should be well provided without in any way hindering the production of certain goods or certain services. The Commission should be strengthened to allow it to function on all the imports to the region. The Commission should also be given powers to act in the same aspect to the European Union companies even those operating outside its territory.

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