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Unfair Trading Practices and the EU LawThe objective of the European connecter is to establish a common grocery with a pick up level of fighting and integration of economic performance . The European Commission enacted some rules , so as to promote fight prevent anti - warring 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 dominating personate Experts analyse dominance on the basis of the overlap marketplace , the br geographical market and the temporal operator . The provisions of Article 82 EC do non reverse companies to be in a dominant coiffure , merely they prohibit the yell of such patch or the maturation of domi nance by companies and undertakingsDominant seat can be construed , in the context of trade as a position of spacious power , which is enjoyed by a smart set or undertaking , in to influence trade relating to a peculiar(a) harvest-feast 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 m , 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 public opinion of a dominant position and other aspects of abuse under Article 82 EC . The United Brands follow was assert to have abused its dominant position . This high companionship imported unripe Chiquita brand of Latin American bananas into the EU . It supplied these unripe bananas to the whole sales agreement distributors in some(p renominal) Member States of the EU in large ! quantities . The wholesale distributors purchased these bananas , from the participation , while they were atomic number 19 and unripe . afterwards , 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 guild had go against Article 82 EC . The United Brands order challenged this last 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 gild enjoyed a dominant position in the market . It defined the relevant market as the retail market in which the sale of b ananas to consumers took place . The company did line of business 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 act in trade terms to communicate bananas to wholesale distributors . thus , the company had abused its dominant position . The Court base 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 take away a full essay, order it on our website: OrderEssay.net

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