By Nick Gardner
Although written basically to be used by means of British businessmen, this publication additionally goals to supply an creation to the topic of festival coverage to scholars of legislations, of economics, and of public administration.
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Extra info for A Guide to United Kingdom and European Community Competition Policy
The prohibition would apply specifically to: (a) fixing prices and charges including any terms or conditions which determine effective net prices, including recommendations by trade associations if those recommendations have the effect of determining minimum prices; (b) collusive tendering; (c) sharing or allocating markets, customers, raw materials or other inputs, production or capacity; (d) collective refusals to supply or deal with suppliers, collective discrimination in the terms on which different customers or classes of customer are supplied, and collective anticompetitive conditions of supply such as tie-ins, aggregated loyalty rebates and 'no competition' clauses.
Some of the Supreme Court's decisions have in recent years been strongly attacked by economists and lawyers of the 'Chicago School' who, under the Reagan Administration, came to occupy intluential positions in the Department of Justice. The Chicago School are particularly critical of judgements based upon antipathy to big business, and of those which neglected the benefits to consumers from gains in productive efficiency. They advocate a move to a whoHy effects-based system in which the economic welfare of consumers would be the sole criterion.
The latter, as has been seen, seeks primarily to prevent monopolisation. The Community approach, on the other hand, operates primarily to prevent the abuse of market power and is relatively unconcerned with monopolisation as such. Any activity of a dominant firm which strengthens its dominance by reducing competition may, however, be prohibited as an 'abuse of a dominant position', and some mergers are deemed to fall within that category. Agreements between firms and other 'concerted practices' which restrict competition mayaiso be prohibited.