In particular, the infringement that is relied upon must affect goods or services that were received or sought to be received by the claimant otherwise than in the course of his or her business.
In the transport sector, network benefits can improve service quality through strengthened hubs, better through-ticketing arrangements or better-connected services; mergers leading to large economies of scale where the effect of scale economies on prices is sufficient to outweigh the effect of a substantial lessening of competition.
The new section 47B 9 gives the Secretary of State the power to specify by order, and in accordance with published criteria, the bodies Cja 314 week 1 crime data are permitted to bring a representative claim. By virtue of those procedures, the decision becomes enforceable in the same way as a judgment of the High Court or, in Scotland, the Court of Session.
In general, under the new regime, the CC will only have grounds for remedial action if the CC finds that the merger has resulted or may be expected to result Cja 314 week 1 crime data a substantial lessening of competition. The OFT will be required under section to publish advice and information on how these provisions will operate, and how it will apply the substantive tests.
The decisions covered are the same as in the existing version of section 47 1. Section 47 3 preserves the existing position under the current section 47 7.
This section is the equivalent to section Decisions made before commencement will therefore not be binding on the courts when the courts are considering monetary claims. It allows the OFT to require information by notice, and provides that the notice must tell the parties what information is required, when it is required and what may happen if the parties do not comply with such a request i.
Subsections 3 and 4 enable the test to be applied to the net share of goods or services supplied by or to the merging enterprises.
The new section provides that certain decisions of the OFT or the CAT regarding an infringement of competition law are to bind the courts for the purpose of a subsequent claim for damages. Relevant customer benefits are narrowly defined.
However, it is intended that advice and information on the operation of the competition test will be provided by the CC and the OFT under section Sections 27 and Part 2 includes provisions for rules to be made in relation to the rejection of proceedings by the CAT in various circumstances subject to the parties being given the opportunity to be heard.
The new provisions provide a more direct means of enforcement, both of directions given by the CAT and awards of damages and costs. Where there are multiple extensions, there is provision for the extensions to run concurrently where it is sensible to count the time period in this way.
Subsection 1 inserts a new section 47A in CA that will enable claims for damages, or other monetary awards, to be brought in the CAT the CAT will also exercise the appeals jurisdiction currently exercised by the appeal tribunals of the CC, and the new review jurisdiction under Parts 3 and 4 of the Act.
The new section 47A 56 and 8 further limit the claims that may be heard by the CAT. The right to bring such a claim will be without prejudice to the existing right to bring similar claims in the courts. These provide for the application of merger control to cases where ownership or control of an enterprise is obtained over a period of time.
The new section 47B 10 provides that a body wishing to be specified for the purposes of this section must make an application in a form approved by the Secretary of State.
However, because there may be some uncertainty in these cases about whether a merger will go ahead, the OFT is given discretion not to refer unless it believes the proposals are sufficiently far advanced or likely to proceed. Policy for merger reform has been developed through a programme of consultation that started in The CC can also be required to limit its consideration of whether the share of supply test has been met to a particular part of the UK.
Section 28 2 provides the Secretary of State with a power to make an order with respect to how the turnover in the UK of an enterprise is to be calculated, which may, in particular, make provision for the amounts which are to be taken into account, the dates by reference to which it is to be determined and the connection of that turnover with the UK.
Transfers of certain proceedings to Tribunal Section 29 allows the authorities to treat a series of separate transactions over a period of up to two years, under which a person or group of persons acquire control of an enterprise, to be treated as occurring on the date of the last transaction when considering a reference.
Subsection 2 clarifies that the new section 58A does not apply in relation to infringement decisions made before the commencement of the section.Flashcard Machine - create, study and share online flash cards My Flashcards; Flashcard Library; About; Contribute; Search; Help; Sign In; Create Account.
mint-body.com explanatory notes relate to the Enterprise Act which received Royal Assent on 7 November They have been prepared by the Department of Trade and Industry (DTI) in order to assist the reader in understanding the Act. They do not form part of the Act and have not been endorsed by. ค้นพบ Link ทั้งสิ้น รายการ 1.
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