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Competition Law

Competition Law (11th edn)

Richard Whish and David Bailey
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date: 04 October 2024

p. 3709. Competition Act 1998: substantive provisionslocked

p. 3709. Competition Act 1998: substantive provisionslocked

  • Richard WhishRichard WhishEmeritus Professor of Law at King’s College London
  • , and David BaileyDavid BaileyProfessor of Practice in Competition Law at King’s College London

Abstract

This chapter describes the substantive provisions of the Competition Act 1998 in the UK. The foci of attention in this chapter are the ‘Chapter I prohibition’, which prohibits anti-competitive agreements, and the ‘Chapter II prohibition’, which prohibits the abuse of a dominant position. The Chapter I and II prohibitions are closely modelled upon Articles 101 and 102 TFEU, although they are by no means identical in every respect. Section 2 provides an overview of the Competition Act. Sections 3 and 4 consider the decisional practice and case-law under the Chapter I and Chapter II prohibitions. Section 5 discusses the duty in section 60A of the Competition Act, which sets out certain relevant principles when applying the Competition Act. Section 6 contains a table of Competition Act decisions since the tenth edition of the book in January 2021, and discusses the Competition Act in practice.

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