Case studies

"We have to become more agile as our clients' expectations and requirements change. The only thing we know is that tomorrow is going to be different and we must be prepared. With LexisNexis, I feel more confident of that we're ready every time."

Wolverhampton County Council

Access all 5 documents on Chapter II prohibition

GET ACCESS NOW

GLOSSARY

Chapter II prohibition definition

Published by a LexisNexis Competition expert

What does Chapter II prohibition mean?

A reference to the prohibition in section 18 of the Competition Act 1998 against conduct by one or more undertaking amounting to an abuse of a dominant position if it may affect trade within the UK.

Substantively the same prohibition as is found in Article 102 TFEU with the exception of the jurisdictional element. Section 18 prohibits conduct classed as abusive by dominant undertakings (either unilaterally or via two or more undertakings holding a collectively dominant position). Abusive conduct can consist of practices such as: a) directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions; b) limiting production, markets or technical development to the prejudice of consumers; c) applying dissimilar conditions to equivalent transactions with other trading parties; and d) making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which have no connection with the subject of the contracts. Dominant undertakings can argue the presence of objective justification to dispel allegations of abusive conduct.

Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

State conduct and intervention—liability of state and public bodies under EU law

State intervention in the economy may interact with EU Treaty obligations, most notably the duty of loyalty under Article 4(3) TEU and Article 106 TFEU. For example, the state may incur liability under Article 4(3) TEU or Article 106(1) TFEU where its actions result in, or are likely to lead to, an infringement by an undertaking of the competition rules contained in Article 101 or 102 TFEU.Article 106(2) TFEU contains a limited exception from the TFEU rules in favour of undertakings entrusted with the operation of services of general economic interest (SGEI) or which have the character of a revenue-producing monopoly.There are also situations where the public body may itself be held to be engaging in economic activity such that it is a relevant ‘undertaking’ for the purposes of competition law.State intervention in the economy and liberalisationThe ownership and delivery of public services such as energy, postal services, telecommunications and transport have undergone significant structural change and the European Commission (Commission) has been instrumental in opening up these markets to...

Discover our 1 Practice Notes on Chapter II prohibition

Competition weekly highlights—15 May 2025

This week's edition of Competition weekly highlights includes, from a UK perspective: (1) the Court of Appeal refuses permission to appeal against CAT’s judgment upholding CMA’s decision finding excessive and unfair pricing over NHS thyroid drug prices and reinstates original fine imposed by CMA, and (2) the CMA publishes warning and advisory letter maps sent to nation or region. This week's highlights also includes, from an EU perspective: (1) the Court of Justice’s judgment concerning national reference from Belgium on the application of Article 101 TFEU and the old vertical agreements block exemption to an exclusive distribution agreement, (2) the Commission launches a consultation on its ongoing review of the EU merger guidelines, (3) the European Parliament adopts revised screening rules for foreign direct investment in the EU, (4) the General Court’s judgment dismissing actions as inadmissible against the Commission’s decision approving extension of digital TV spectrum rights in the Czech Republic, and (5) the Commission amends State aid rules to provide public access to justice in environmental matters.

UK Competition law—daily round-up (08/05/2025)

A round-up of UK competition law developments, including (amongst other things) the Court of Appeal refuses permission to appeal against CAT’s judgment upholding CMA’s decision finding excessive and unfair pricing over NHS thyroid drug prices and reinstates original fine imposed by CMA.

Read the latest 4 News articles on Chapter II prohibition