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Additional info for A Guide to United Kingdom and European Union Competition Policy
The national authorities of member states may apply the prohibitions laid down in Articles 81 and 82 in their national courts,1 and this provision has been implemented in some EU countries. Individuals in member countries may also apply to their national courts for judgements under Articles 81 and 82. In practice, however, little use has been made of the national courts for that purpose, and the implementation of EU competition law has fallen almost entirely to the European Commission and the European Courts of Justice.
The corresponding numbering of the Treaty of Rome is shown in Appendix 2 at the end of the book. Appendix 2 also indicates how to get copies of the legislation and associated guides. ) B Agreements European Union law The Treaty of Amsterdam prohibits as incompatible with the common market: all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between member states and which have as their object or effect the prevention, restriction or distortion of competition within the common market and in particular those which: (a) directly or indirectly fix purchase or selling prices or any other trading conditions; (b) limit or control production, market, technical development or investment; (c) share markets or sources of supply; (d) apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage; (e) make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.
Article 82)4 United Kingdom law For conduct which may affect trade within the United Kingdom, chapter II of the Competition Act 1998 stipulates the same prohibitions as Article 82 of the Treaty of Amsterdam, subject to certain exclusions. Exclusions There are specific exclusions for: ± behaviour which results in a merger or joint venture within the meaning of the Fair Trading Act 1973; ± undertakings entrusted with the operation of `services of general economic interest' or a revenue-producing monopoly'; ± behaviour engaged in order to comply with a legal requirement; ± avoidance of conflict with international obligations; 3 The interpretation of the term dominant position is discussed in section C of Chapter 4.