The following Competition practice note provides comprehensive and up to date legal information covering:
STOP PRESS—On 10 May 2022, the Commission adopted a new Vertical Block Exemption Regulation (Commission Regulation 2022/720) (EU VBER). The new EU VBER replaces the previous Regulation on 1 June 2022. This Practice Note will be updated shortly to reflect the new laws.
A key proposition underpinning EU competition law is that competing companies should act independently on markets. In principle, rivalry and competition can be expected to ensure the greatest consumer welfare, the most efficient allocation of resources and, with respect to the EU single market project, help further overall market integration.
The European Commission (the Commission) and other regulators, including national competition authorities, are therefore wary of any arrangements which might dampen competition or reduce commercial uncertainty that would otherwise exist between competitors.
At the same time, there are often legitimate reasons why companies enter into agreements that contain provisions or obligations that risk restricting competition. In particular, this will be the case where arrangements are concluded in order to generate or promote beneficial effects (efficiencies) which, absent the restriction contained in the agreements, would not arise.
EU competition law policy attempts to strike a balance between ensuring the maintenance of effective competition (in particular, by prohibiting illegitimate collusion) and the realisation of benefits derived and often only achievable through cooperation.
Article 101 TFEU provides the legal framework for achieving such
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Entrapment There is no defence of entrapment in English law but it is considered to be an abuse of the process of the court for state agents to lure a person into committing illegal acts and then seek to prosecute him for doing so. The House of Lords said that, although entrapment is not a
Multilateral Trading Facilities (MTFs)BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements come to an end and
Contract interpretation—express terms in contractsExpress and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made
Highways, street works and statutory undertakersCoronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the coronavirus (COVID-19) pandemic. For further information, see: Traffic Orders Procedure (Coronavirus)
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