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Unfair Trading Practices and the EU LawThe objective of the European joining is to establish a common mart with a stimulate level of fighting and integration of economic performance . The European Commission enacted some rules , so as to promote battle prevent anti - warlike behaviour and thwart down the stairstakings enjoying a rife correct , from engaging in anti - competitive activities . The European Commission imposed these rules through Article 82 ECHowever , there is no clear definition with regard to predominant personate Experts analyse dominance on the basis of the lap covering market , the br geographical market and the temporal divisor . The provisions of Article 82 EC do non nix companies to be in a dominant coiffure , precisely they prohibit the yell of such side or the maturation of dominance by companies and undertakingsDominant side of meat can be construed , in the context of trade as a position of enormous power , which is enjoyed by a smart set or undertaking , in to influence trade relating to a peculiar(a) production in a geographical market , such as the EU . Article 82 EC concerns the tread of a dominant position by companies therefore , in the absence of such dominance there can be no abuseThe ECJ established the principle of dominant position , for the frontmost sentence , in the case of United Brands . This case , which is oftentimes referred to in the EC Competition law , covers the definition of the market , the intuitive feeling of a dominant position and other aspects of abuse under Article 82 EC . The United Brands follow was aver to have abused its dominant position . This high auberge imported unripe Chiquita brand of Latin American bananas into the EU . It supplied these unripe bananas to the whole sales agreement distributors in severa l(prenominal) Member States of the EU in lar! ge quantities . The wholesale distributors purchased these bananas , from the fellowship , while they were atomic number 19 and unripe . later , they used their own techniques to ripen them and go bad them to retailers .

In the year 1975 the European Commission came to the conclusion that the community had violate Article 82 EC . The United Brands order challenged this purpose of the Commission and contended that it did not enjoy dominance . and , it denied the charges of having abused a dominant positionThe case was referred to the ECJ , which held that the familiarity enjoyed a dominant position in the market . It defined the rel evant market as the retail market in which the sale of bananas to consumers took place . The company did wrinkle with distributors and not with retailers or consumers , which indicated a dominant position . Furthermore , it did not carry surface any business terms in the retail market , but in use(p) in trade terms to communicate bananas to wholesale distributors . thence , the company had abused its dominant position . The Court establish its decision on Article 82 EC , and held that the company had misused its dominant position in the common market to prevent effective competition in the relevant market . Moreover , it was held by the ECJ that the company had acted singly of its...If you want to become a full essay, order it on our website: BestEssayCheap.com

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