What does Chapter II prohibition mean? The Chapter II prohibition is the UK competition law rule that bans abusive conduct by one or more undertakings holding a dominant position where the conduct may affect trade within the UK. It is set out in section 18 of the Competition Act 1998 and interpreted having regard to pre‑Brexit EU case law on Article 102 TFEU (section 60A), though UK authorities and courts may depart where appropriate. It is enforced by the Competition and Markets Authority (CMA) and concurrent sector regulators; it also underpins follow‑on and standalone damages claims. It targets unilateral conduct. Key features include assessment...
Read More
In the UK, unilateral or ‘dominant’ firm behaviour falls within section 18 of the Competition Act 1998. Section 18(1) of Chapter II provides that conduct by one or more undertakings amounting to Abuse of a dominant position in a market is prohibited if it may affect trade within the United Kingdom.
‘UK’ refers to the United Kingdom or any part of it. There is no requirement that the part be ‘substantial’.
Otherwise, the analysis of the applicability of the will mirror Article 102 TFEU, namely:
This Practice Note offers a general overview of the application of the, focussing in particular on those two issues.
On 31 January 2020, the UK ceased to be an EU...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...