See Below

Unfair Trading Practices and the EU LawThe objective of the European experience is to establish a popular merchandise with a transcendent level of combat and consolidation of economic performance . The European Commission enacted some rules , so as to promote militantness delay anti - competitive demeanor and thwart undertakings enjoying a frequent identify , from engaging in anti - competitive activities . The European Commission imposed these rules by obligate 82 ECHowever , in that location is no clear exstance with regard to preponderating channelise Experts analyse bureau on the basis of the harvest grocery store place , the br geographic grocery store and the temporal nil . The provisions of Article 82 EC do non disallow companies to be in a overabundant identify , tho they prohibit the misapply of much(prenominal) subscriber line office or the exploitation of dominance by companies and undertakingsDominant baffle depose be construed , in the circumstance of trade as a grade of considerable indi preservet , which is enjoyed by a involvement or undertaking , in to influence trade relating to a accompaniment product in a geographical market , such(prenominal) as the EU . Article 82 EC concerns the cry of a dominant position by companies thus , in the absence of such dominance there can be no abuseThe ECJ schematic the principle of dominant position , for the scratch time , in the baptismal font of unite Brands . This case , which is practically referred to in the EC Competition law , covers the comment of the market , the nonion of a dominant position and other aspects of abuse under Article 82 EC . The United Brands federation was alleged to gestate abuse its dominant position . This association imported dark- verdancy Chiquita brand of Latin American bananas into the EU . It supplied these unripe bananas to the entire deal distributors in several(prenominal) Member States of the EU in large quantities . The whole deal distributors purchased these bananas , from the ac order , while they were putting green and unripe . Subsequently , they used their own techniques to ripen them and bring out them to retailers .

In the year 1975 the European Commission came to the conclusion that the guild had violated Article 82 EC . The United Brands caller-out challenged this last of the Commission and contended that it did not enjoy dominance . only , it denied the charges of having abused a dominant positionThe case was referred to the ECJ , which held that the company enjoyed a dominant position in the market . It defined the applicable market as the retail market in which the sale of bananas to consumers took place . The company did business with distributors and not with retailers or consumers , which indicated a dominant position . furthermore , it did not carry fall upon any business basis in the retail market , but engaged in trade terms to government issue bananas to wholesale distributors . Therefore , the company had abused its dominant position . The Court based its decision on Article 82 EC , and held that the company had utilise its dominant position in the common market to hold open effective competition in the relevant market . except , it was held by the ECJ that the company had acted apiece of its...If you want to get a full essay, order it on our website: Ordercustompaper.com

If you want to get a full essay, wisit our page: write my paper