UK Competition Law
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UK Competition Law
United Kingdom competition law is affected by both British and European elements. The Competition Act 1998 and the Enterprise Act 2002 are the most important statutes for cases with a purely national dimension. However, if the effect of a business' conduct would reach across borders, the European Commission has competence to deal with the problems, and exclusively EU law would apply. Even so, the section 60 of the Competition Act 1998 provides that UK rules are to be applied in line with European jurisprudence. Like all competition law, that in the UK has three main tasks. * prohibiting agreements or practices that restrict free trading and competition between business entities. This includes in particular the repression of cartels. * banning abusive behaviour by a firm dominating a market, or anti-competitive practices that tend to lead to such a dominant position. Practices controlled in this way may include predatory pricing, tying, price gouging, refusal to deal and many other ...
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Competition Act 1998
The Competition Act 1998 is the current major source of competition law in the United Kingdom, along with the Enterprise Act 2002. The act provides an updated framework for identifying and dealing with restrictive business practices and abuse of a dominant market position. One of the main purposes of this act was to harmonise the UK with EU competition policy, with Chapter I and II of the act mirroring the content of Articles 81 and 82 of the Treaty of Amsterdam (formally Articles 85 and 86 of the Treaty of Rome).Note: Arts 81 & 81 have since been renumbered as Arts 101 & 102 Chapter I Prohibitions Deals with restrictive practices engaged by companies operating within the UK that distort, restrict or prevent competition. These are primarily in the form of horizontal agreements (agreements to collude between firms on the same level of the supply chain such as retailers or wholesalers). These agreements could be to limit output, collusively share information, fix prices, tende ...
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Privatisation
Privatization (also privatisation in British English) can mean several different things, most commonly referring to moving something from the public sector into the private sector. It is also sometimes used as a synonym for deregulation when a heavily regulated private company or industry becomes less regulated. Government functions and services may also be privatised (which may also be known as "franchising" or "out-sourcing"); in this case, private entities are tasked with the implementation of government programs or performance of government services that had previously been the purview of state-run agencies. Some examples include revenue collection, law enforcement, water supply, and prison management. Another definition is that privatization is the sale of a state-owned enterprise or municipally owned corporation to private investors; in this case shares may be traded in the public market for the first time, or for the first time since an enterprise's previous nationaliz ...
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Pillory
The pillory is a device made of a wooden or metal framework erected on a post, with holes for securing the head and hands, formerly used for punishment by public humiliation and often further physical abuse. The pillory is related to the stocks. Etymology The word is documented in English since 1274 (attested in Anglo-Latin from ), and stems from Old French (1168; modern French , see below), itself from medieval Latin , of uncertain origin, perhaps a diminutive of Latin 'pillar, stone barrier'. Description Rather like the lesser punishment called the stocks, the pillory consisted of hinged wooden boards forming holes through which the head and/or various limbs were inserted; then the boards were locked together to secure the captive. Pillories were set up to hold people in marketplaces, crossroads, and other public places. They were often placed on platforms to increase public visibility of the person. Often a placard detailing the crime was placed nearby; these punishment ...
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Amercement
An amercement is a financial penalty in English law, common during the Middle Ages, imposed either by the court or by peers. The noun "amercement" lately derives from the verb to amerce, thus: the king amerces his subject, who offended some law. The term is of Anglo-Norman origin (Law French, from French, from Latin), and literally means "being at the mercy of": ''a-merce-ment'' (English ''mercy'' is cognate). While it is often synonymous with a fine, it differs in that a fine is a fixed sum prescribed by statute and was often voluntary, while an amercement is arbitrary. Amercements were commonly used as a punishment for minor offences (such as trespassing in the king's forest), as an alternative to imprisonment. History Early Norman rule This system of amercements is found in working order as early as the Norman Conquest of 1066, but was still regarded as an innovation at the accession in 1100 of Henry I. As the number of entities having legal jurisdiction over a given location ...
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Assize
The courts of assize, or assizes (), were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes exercised both civil and criminal jurisdiction, though most of their work was on the criminal side. The assizes heard the most serious cases, which were committed to it by the quarter sessions (local county courts held four times per year), while the more minor offences were dealt with summarily by justices of the peace in petty sessions (also known as magistrates' courts). The word ''assize'' refers to the sittings or sessions (Old French ''assises'') of the judges, known as "justices of assize", who were judges who travelled across the seven circuits of England and Wales on commissions of "oyer and terminer", setting up court and summoning juries at the various assize towns. Etymology Middle English <



Frederic William Maitland
Frederic William Maitland (28 May 1850 – ) was an English historian and lawyer who is regarded as the modern father of English legal history. Early life and education, 1850–72 Frederic William Maitland was born at 53 Guilford Street, London, in 1850, the only son and second of three children of John Gorham Maitland and of Emma, daughter of John Frederic Daniell. His grandfather was Samuel Roffey Maitland. Maitland's father was a barrister but, having little practice, became a civil servant, serving as secretary to the Civil Service Commission. Maitland was educated at a preparatory school in Brighton before entering Eton College in 1863, where Edward Daniel Stone was his private tutor. At Eton, Maitland was not prominent either academically or athletically, although a close school friend thought he would become "a kind of philosophic Charles Lamb". He then matriculated at Trinity College, Cambridge, in 1869 as a commoner. A dislike of classics acquired at Eton initially ...
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Sir Frederick Pollock, 3rd Baronet
Sir Frederick Pollock, 3rd Baronet PC, FBA (10 December 1845 – 18 January 1937) was an English jurist best known for his ''History of English Law before the Time of Edward I'', written with F.W. Maitland, and his lifelong correspondence with US Supreme Court Justice Oliver Wendell Holmes. He was a Cambridge Apostle. Life Pollock was the eldest son of William Frederick Pollock, Master of the Court of Exchequer, and Juliet Creed, daughter of the Rev, Harry Creed. He was the grandson of Sir Frederick Pollock, 1st Baronet, Lord Chief Baron of the Exchequer, the great-nephew of Field Marshal Sir George Pollock, 1st Baronet, and the first cousin of Ernest Pollock, 1st Viscount Hanworth, Master of the Rolls. He was educated at Eton College, where he was a King's Scholar, and Trinity College, Cambridge, where he was elected Fellow in 1868 (later Honorable Fellow in 1920).''For My Grandson'' (1933) John Murray, Note B: ''Personal Dates'' In 1871 he was admitted to the Bar. He ...
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King Edward The Confessor
Edward the Confessor ; la, Eduardus Confessor , ; ( 1003 – 5 January 1066) was one of the last Anglo-Saxon English kings. Usually considered the last king of the House of Wessex, he ruled from 1042 to 1066. Edward was the son of Æthelred the Unready and Emma of Normandy. He succeeded Cnut the Great's son – and his own half-brother – Harthacnut. He restored the rule of the House of Wessex after the period of Danish rule since Cnut conquered England in 1016. When Edward died in 1066, he was succeeded by his wife's brother Harold Godwinson, who was defeated and killed in the same year by the Normans under William the Conqueror at the Battle of Hastings. Edward's young great-nephew Edgar the Ætheling of the House of Wessex was proclaimed king after the Battle of Hastings in 1066 but was never crowned and was peacefully deposed after about eight weeks. Historians disagree about Edward's fairly long 24-year reign. His nickname reflects the traditional image o ...
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Asset Forfeiture
Asset forfeiture or asset seizure is a form of confiscation of assets by the authorities. In the United States, it is a type of criminal-justice financial obligation. It typically applies to the alleged proceeds or instruments of crime. This applies, but is not limited, to terrorist activities, drug-related crimes, and other criminal and even civil offenses. Some jurisdictions specifically use the term "confiscation" instead of forfeiture. The alleged purpose of asset forfeiture is to disrupt criminal activity by confiscating assets that potentially could have been beneficial to the individual or organization. Civil and criminal law Legal systems distinguish between criminal and civil proceedings. Criminal prosecutions regulate crimes against society as a whole or against the government. Penalties for conviction of a violation of a criminal law typically include being sent to prison, jail or some other form of incarceration. Civil litigation involves disputes either betwe ...
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Engrossing (law)
Engrossing, forestalling and regrating were marketing offences in English, Welsh and Irish common law. The terms were used to describe unacceptable methods of influencing the market, sometimes by creating a local monopoly for a certain good, usually food. The terms were often used together, and with overlapping meanings. They became obsolete in 1844. Blackstone's Commentaries described them as offences against public trade: forestalling—''the buying or contracting for any merchandise or victual coming in the way of the market; or dissuading persons from bringing their goods or provisions there; or persuading them to enhance the price, when there; any of which practices make the market dearer to the fair trader.'' regrating—''the buying of corn or other dead victual, in any market, and selling it again at the same market, or within four miles of the place. For this also enhances the prices of the provisions, as every successive seller must have a successive profit.'' ...
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Domesday Book
Domesday Book () – the Middle English spelling of "Doomsday Book" – is a manuscript record of the "Great Survey" of much of England and parts of Wales completed in 1086 by order of King William I, known as William the Conqueror. The manuscript was originally known by the Latin name ''Liber de Wintonia'', meaning "Book of Winchester", where it was originally kept in the royal treasury. The '' Anglo-Saxon Chronicle'' states that in 1085 the king sent his agents to survey every shire in England, to list his holdings and dues owed to him. Written in Medieval Latin, it was highly abbreviated and included some vernacular native terms without Latin equivalents. The survey's main purpose was to record the annual value of every piece of landed property to its lord, and the resources in land, manpower, and livestock from which the value derived. The name "Domesday Book" came into use in the 12th century. Richard FitzNeal wrote in the ''Dialogus de Scaccario'' ( 1179) that the book ...
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Norman Conquest
The Norman Conquest (or the Conquest) was the 11th-century invasion and occupation of England by an army made up of thousands of Norman, Breton, Flemish, and French troops, all led by the Duke of Normandy, later styled William the Conqueror. William's claim to the English throne derived from his familial relationship with the childless Anglo-Saxon king Edward the Confessor, who may have encouraged William's hopes for the throne. Edward died in January 1066 and was succeeded by his brother-in-law Harold Godwinson. The Norwegian king Harald Hardrada invaded northern England in September 1066 and was victorious at the Battle of Fulford on 20 September, but Godwinson's army defeated and killed Hardrada at the Battle of Stamford Bridge on 25 September. Three days later on 28 September, William's invasion force of thousands of men and hundreds of ships landed at Pevensey in Sussex in southern England. Harold marched south to oppose him, leaving a significant portion of his ...
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