LPF Competition EU UK Agreement

Chapter two: Competition Policy Article 2.1: Principles and definitions 1. The Parties recognise the importance of free and undistorted competition in their trade and investment relations. The Parties acknowledge that anticompetitive business practices may distort the proper functioning of markets and undermine the benefits of trade liberalisation. 2. For the purposes of this Chapter, an […]

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LPF State Subsidies EU UK Agreement

Chapter three: Subsidy control Article 3.1: Definitions 1. For the purposes of this Chapter: a) “economic actor” means an entity or a group of entities constituting a single economic entity, regardless of its legal status, that is engaged in an economic activity by offering goods or services on a market; b) “subsidy” means financial assistance […]

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LPF State & Protected Sectors EU UK Agreement

Chapter four: State-owned enterprises, enterprises granted special rights or privileges and designated monopolies Article 4.1: Definitions 1. For the purposes of this Chapter, the following definitions apply: (a) “Arrangement” means the Arrangement on Officially Supported Export Credits, developed within the framework of the OECD or a successor undertaking, whether developed within or outside of the […]

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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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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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Rural Development Funding UK No Deal Notes

Purpose This notice explains how farmers, land managers and rural businesses in England, Scotland, Wales and Northern Ireland who receive payments under the EU Rural Development Programmes, funded under Pillar 2 of the Common Agricultural Policy (CAP), would be affected if the UK leaves the EU with no deal. It sets out how government will […]

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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 (may also apply to new exit date on 31 December 2020) State aid is support in any form (financial or in kind) from […]

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Competition Rules EU Guidance

EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR COMPETITION Brussels, 2 December 2020 REV1 – replaces the notice dated 25 March 2019 NOTICE TO STAKEHOLDERS WITHDRAWAL OF THE UNITED KINGDOM AND EU RULES IN THE FIELD OF COMPETITION Since 1 February 2020, the United Kingdom has withdrawn from the European Union and has become a “third country”.1 The Withdrawal […]

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NI Assembly Reports Procurement

Important Notice- See the Disclaimer Below Brexit Legal, McMahon Legal and Paul McMahon have no liability arising from reliance on anything contained in this article nor on this website

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UK Tax UK Parliament

Important Notice- See the Disclaimer Below Brexit Legal, McMahon Legal and Paul McMahon have no liability arising from reliance on anything contained in this article nor on this website

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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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Trade Remedies Transition UK Guidance

Trade remedies transition policy Trade remedies protect domestic industries from unfair practices around imports. The UK’s own independent trade policy includes a trade remedies system. Published 6 February 2020 From: Department for International Trade Contents Transition reviews Safeguard measures Anti-dumping and anti-subsidy trade remedy measures Expiry reviews and the UK government transition policy Recent updates […]

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UK State Aid SME Adaptations

EXPLANATORY MEMORANDUM TO THE COMPETITIVENESS OF ENTERPRISES AND SMALL AND MEDIUM-SIZED ENTERPRISES (REVOCATION) (EU EXIT) REGULATIONS 2019 2019 No. XXXX 1. Introduction This explanatory memorandum has been prepared by the Department for Business, Energy and Industrial Strategy and is laid before Parliament by Act. 2. Purpose of the instrument This instrument revokes Regulation (EU) No […]

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Competition EU Guidance 2021

EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR COMPETITION Brussels, 2 December 2020 REV1 – replaces the notice dated 25 March 2019 NOTICE TO STAKEHOLDERS WITHDRAWAL OF THE UNITED KINGDOM AND EU RULES IN THE FIELD OF COMPETITION Since 1 February 2020, the United Kingdom has withdrawn from the European Union and has become a “third country”.1 The Withdrawal […]

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Procurement 2021 UK Guidance

Guidance Public-sector procurement from 1 January 2021 Information for public authorities, businesses and other organisations on the outcome for public procurement policy from 1 January 2021. Published 10 November 2020 From: Cabinet Office New rules for January 2021 The UK has left the EU, and the transition period after Brexit comes to an end this […]

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Procurement 2021 UK Guidance

Guidance Bidding for overseas procurement opportunities: what to expect from 1 January 2021 Information for UK businesses about overseas procurement opportunities covered under the Government Procurement Agreement (GPA) and UK’s trade agreements. Published 16 August 2019 Last updated 7 October 2020 — see all updates From: Department for International Trade New rules for January 2021 The […]

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