Commentary

229.5 The impact of Article 101 of the Treaty on the Functioning of the European Union and the Competition Act 1998

BUSINESSES vol 4(2) start-up, sale and purchase
| Commentary

229.5 The impact of Article 101 of the Treaty on the Functioning of the European Union and the Competition Act 1998

| Commentary

229.5 The impact of Article 101 of the Treaty on the Functioning of the European Union and the Competition Act 1998

Where a business sale agreement is likely to have an appreciable effect upon trade between member states of the European Union, the parties will need to consider the impact of EC competition law, particularly Article 101 of the Treaty on the Functioning of the European Union (previously EC Treaty Article 81(1)). Even if the agreement has no cross-border effect, it may still be affected by the United Kingdom’s own domestic competition law rules contained in the Competition Act 19981.

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