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GLOSSARY
Channel 4 is a ‘publisher-broadcaster’, meaning that it does not have any in-house production, but instead commissions content from production companies throughout the UK.
GLOSSARY
The Chapter 1 prohibition is contained in section 2(1) of the Competition Act 1988 and is based on Article 101 of the TFEU. It prohibits anti-competitive agreements.
GLOSSARY
Refers to debtor-in-possession restructurings under Chapter 11 of the US bankruptcy code.
GLOSSARY
The Chapter 2 prohibition is based on Article 202 of the TFEU and is set out in s 18(1) of the Competition Act 1988. It prohibits abuse of a dominant position. Firms with substantial market power that abuse their power will be subject to the possibility of substantial fines and actions for injunctions and, in certain cases, damages.
PRACTICE NOTES
Civil justice reform: see our Practice Note: Civil justice reform in Scotland—virtual hearings and electronic submission of documents for guidance on the current rules and practice in the Scottish civil courts in relation to virtual hearings and the electronic signing, transmission and lodging of documents. This Practice Note offers practical procedural guidance on civil appeals proceeding in the Scottish Sheriff Appeal Court, which have been appointed to Chapter 7 procedure. For guidance on: • other aspects of civil appeals to and in the Scottish Sheriff Appeal Court, see Practice Notes: ◦ Introduction to the Scottish Sheriff Appeal Court—considers the jurisdiction of the Sheriff Appeal Court, the types of cases it can hear and whether permission to appeal is required ◦ Starting an appeal in the Scottish Sheriff Appeal Court—offers guidance on how to start an appeal in the Sheriff Appeal Court, including the process for lodging an appeal, the documents required from the decision at first instance when bringing an appeal, the
GLOSSARY
Referred to Income and Corporation Taxes Act 1988, ch 1, which specified the requirements that defined benefit schemes had to meet in order to be approved by HMRC. The approval requirement does not apply after A-day.
GLOSSARY
A reference to the prohibition in the Competition Act 1998 (CA 1998), s 2 against agreements between undertakings, decisions by associations of undertakings or concerted practice which may affect trade within the UK and have as their object or effect the prevention, restriction or distortion of competition within the UK.
PRACTICE NOTES
A key proposition underpinning UK 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, and the most efficient allocation of resources. The Competition and Markets Authority (CMA) is 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. UK 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. Chapter I provides the legal framework for achieving such a balanced assessment, taking into account the restrictive aspects brought about by co-ordination as well as any pro-competitive
GLOSSARY
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.
PRACTICE NOTES
In the UK, unilateral or ‘dominant’ firm conduct is governed by section 18 of the Competition Act 1998 (the Competition Act). Section 18(1) of Chapter II of the Competition Act provides that ‘any conduct on the part of one or more undertakings which amounts to an abuse of a dominant position in a market is prohibited if it may affect trade within the United Kingdom’. • the abuse must have at least the possibility of affecting trade within the UK, and • the dominant position must exist within the UK (though the abuse may take place outside the UK) The ‘UK’ means the UK or any part of it. There is no requirement that the part be ‘substantial’. Otherwise, the analysis of the applicability of the Chapter II prohibition will be the same as that for Article 102 TFEU, namely: • is there a dominant position? This involves defining the market and assessing the position of the allegedly dominant company in that market, and • is the conduct concerned abusive? This Practice Note provides a general
GLOSSARY
Referred to Income and Corporation Taxes Act 1988, ch 4 which specified the requirements which a personal pension plan had to meet in order to be approved by HMRC The approval requirement does not apply after A-day.
PRECEDENTS
This Agreement is made on [insert date] Parties 1 [insert name], a company incorporated in England and Wales, whose registered number is [insert company number], whose registered office is at [insert address] (Licensor); and 2 [insert name], a company incorporated in England and Wales, whose registered number is [insert company number], whose registered office is at [insert address] (Licensee), (each of the Licensor and the Licensee being a party and together the Licensor and the Licensee are the parties). Background (A) The Licensor is the proprietor of certain trade marks[, copyright] [ and designs] relating to [insert character name] the famous fictional character[s] as featured in [insert details of relevant film, cartoon, comic book, computer game etc]. (B) The Licensee is [insert background to licence/relevant transaction]. (C) The Licensor has agreed to grant a licence to the Licensee to use the trade marks[, copyright] [ and designs] on the terms and conditions of this Agreement. Agreement: 1 Definitions and interpretation 1.1 In this Agreement: Assets • means the fictional character[s] [insert name(s)], as featured in [insert details] and depicted on pages [insert numbers] of the Style Guidelines; Business Day • means a day other than a Saturday, Sunday or public holiday[,