EU Competition Law

EU Competition Law Competition policy has been a central element of the European Union Treaties since the outset. The completion of the customs union, common market and later the single market required a system of competition control, to ensure that competition in the single market was not disturbed. The Treaty on the Functioning of the […]

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Public Procurement & Brexit

Effectiveness of EU Procurement Law The EU has enacted procurement legislation which is applicable to most public works above a certain value. The EU procurement rules apply above a relatively low project threshold for capital projects. Contracts above the threshold must be advertised in the Official Journal of the European Union. There are requirements for […]

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Broad Procurement Principles

Public Procurement Law European Union Law binds member states and public authorities. Such authorities and bodies are significant purchasers of goods and services. The common market for goods and services in the European Union requires transparent, non-discriminatory procurement by public authorities. The EU Legislation lay down EU  wide rules and principles in relation to procurement. […]

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Procurement Processes

Types of Process There is a number of types of procurement procedures permitted under the 2014 directives.  The most common procedure is the open procedure by which all interested parties may tender a single fully priced offer in response to an advertisement. The restricted procedure requires interested parties to prequalify. They then may be invited […]

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Anti-Competitive Practices

Anti-Competitive Agreements and Practices EU, UK and Irish legislation prohibit agreements, concerted practices and decisions by businesses or businesses association which have as their the object or effect, the prevention, restriction or distortion of competition. The prohibition covers formal and informal agreements, arrangements and tacit understandings between businesses not to compete or to limit competition. […]

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Vertical Restraints

General Vertical restraints are agreements made between persons operating at different levels in the market, such as manufacturers and distributors.  Vertical agreements come in a variety of forms including franchising agreements, distribution agreements and single branding agreements.  There may be a mixture of different elements in particular types of agreements. Vertical agreements typically contain restraints […]

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Abuse of Dominant Position

Rationale Article 102 of the European Union Treaty prohibits the abuse of a dominant position within the European Union, insofar as it may affect trade between member states.  The corresponding domestic legislation focuses on abuse of dominant position within the State. The prohibition applies to actions by “undertakings” which include individuals and corporations which undertake […]

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Market Dominance

Dominance Dominance must be considered with reference to the relevant market, once ascertained and defined.  Dominance has been defined as a position of economic strength enjoyed by an undertaking, which enables it to prevent effective competition being maintained on the relevant market, by affording it the power to behave to an appreciable extent, independently of […]

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Abusive Market Behaviour

Definition of Abuse Article 102 of the EU Treaty sets out indicative examples of abuse of a dominant position.  They include; directly or indirectly, imposing unfair purchase or selling prices or other unfair trading conditions; limiting production, markets or technical development, to the prejudice of consumers; applying dissimilar conditions to equivalent transactions with other trading […]

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UK Competition Proposal [Jul 2018]

State aid: context The UK wants to ensure that its future economic partnership with the EU is underpinned by measures to ensure fair and open competition. A rigorous approach to state aid is a critical component of this: The UK has long been a strong proponent of a rigorous state aid system, and has contributed […]

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Merger Control UK No Deal Notes

Purpose This notice sets out how merger review and investigations into anti-competitive activity would be affected if the UK leaves the EU with no deal. If the UK leaves the EU in March 2019 without a deal, find out how this would affect: the role of the Competition and Markets Authority; merger review; investigations into […]

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Procurement UK No Deal Notes

Before 29 March 2019 Under the UK’s EU membership, all procurement opportunities that fall within the scope of the EU procurement directives are advertised on the Official Journal of the European Union (OJEU) via Tenders Electronic Daily (TED). Procurement opportunities for below threshold contracts not falling within the scope of the EU procurement directives are […]

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EU Withdrawal Note Industrial Security

Brussels, 5 July 2018 NOTICE TO STAKEHOLDERS INDUSTRIAL SECURITY The United Kingdom submitted on 29 March 2017 the notification of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union. This means that, unless a ratified withdrawal agreement1 establishes another date, all Union primary and secondary law will […]

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EU Withdrawal Note Public Procurement

Brussels, 18 January 2018 NOTICE TO STAKEHOLDERS PUBLIC PROCUREMENT The United Kingdom submitted on 29 March 2017 the notification of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union. This means that, unless a ratified withdrawal agreement1 establishes another date, all Union primary and secondary law will cease […]

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State Aid UK No Deal Notes

Purpose This notice explains to state aid givers and beneficiaries how the state aid rules will apply in the United Kingdom in the unlikely event that the UK leaves the EU in March 2019 with no agreement in place. Before 29 March 2019 State aid is support in any form (financial or in kind) from […]

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