What is prohibited in UK/EU Competition Law? | Hudson McKenzie

What is prohibited in UK/EU Competition Law?

All businesses within both the UK and EU should be aware of exactly what constitutes ‘Anti-Competitive’ behaviour, so to avoid legal action against them.

Within the UK, the most important statutes for Competition Law are the Competition Act 1998 and the Enterprise Act 2002. Outside the UK, the EU Commission deals with all breaches of conduct under Competition Law, in which under Section 60 of the Competition Act 1998 it is stated that the UK Competition rules are to be also aligned with EU jurisprudence.

The main role of Competition Law is to prohibit ‘Monopolizing’ of larger businesses over smaller ones, by reducing the amount of healthy competition within the market available for consumers to participate in.

From this, both the UK and EU prohibit the following two types of  ‘anti-competitive’ activity, as found within Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU), in which is specifically applied in matters beyond UK borders:

  1. Anti-Competitive agreements [Chap.1 / Article 101 prohibitions]
  2. Abuse of a dominant market position [Chap.2 / Article 102 prohibitions]

Furthermore, despite the impending Brexit in March 2019, the UK has made it clear that they will not create any fundamental changes to its fundamental law regime, despite the UK leaving the EU.

If you would like to discuss this article further or have any general legal enquiries, please contact one of our highly qualified solicitors on 020 3318 5794 or via email at londoninfo@hudsonmckenzie.com