Dreptul concurenței
Acorduri anticoncurențiale, abuzul de poziție dominantă, fuziuni și aplicarea CMA.
Introducere
Dreptul concurenței interzice practicile anticoncurențiale și reglementează fuziunile.
Principii fundamentale
Chapter I Prohibition — Agreements between undertakings that prevent, restrict, or distort competition are prohibited (Competition Act 1998, s.2). This covers price-fixing, market-sharing, bid-rigging, and output limitation.
Chapter II Prohibition — Conduct by an undertaking with a dominant market position that amounts to abuse is prohibited (Competition Act 1998, s.18). Examples include excessive pricing, predatory pricing, refusal to supply, and tying.
Merger Control — The CMA has jurisdiction to review mergers where the target has UK turnover of £70m+ or the merged entity supplies/acquires 25%+ of goods/services in the UK.
Cartel Offence — Under the Enterprise Act 2002, individuals who participate in cartel arrangements (price-fixing, market-sharing, bid-rigging) can face up to 5 years' imprisonment.
Exemptions — Agreements may be exempt if they improve production or distribution, benefit consumers, are indispensable, and do not eliminate competition (parallel to Article 101(3) TFEU).
Private Enforcement — Victims of anti-competitive conduct can claim damages through the Competition Appeal Tribunal (CAT) or the courts.
Digital Markets — The Digital Markets, Competition and Consumers Act 2024 gives the CMA new powers over firms with 'strategic market status' in digital activities.
Statute cheie
Cazuri de referință
Argos Ltd v OFT
[2006] EWCA Civ 1318
Sainsbury's v Mastercard
[2020] UKSC 24
Scenarii comune
Competitors agree to fix prices
Price-fixing is a hardcore restriction under Chapter I of the Competition Act 1998. The CMA can impose fines of up to 10% of worldwide turnover. Individuals involved may face the criminal cartel offence under the Enterprise Act 2002.
Dominant company refuses to supply a competitor
Refusal to supply by a dominant undertaking may constitute abuse under Chapter II of the Competition Act 1998 if it eliminates competition in a downstream market. The CMA can impose fines and order the undertaking to supply.