13. Horizontal agreements (1): cartels

2021 ◽  
pp. 536-587
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Final Section ◽  
Hard Core ◽  
The Uk ◽  
The Eu

This chapter is concerned with the prohibition of cartels. It begins with a discussion of the widespread consensus among competition authorities worldwide that cartels should be condemned, and gives examples of recent enforcement that led to the imposition of significant fines and sentences of imprisonment. It also looks at anti-cartel enforcement in the EU. The chapter then considers the application of Article 101 to particular types of cartels: price fixing, market sharing, production quotas and other ‘hard-core’ cartel practices. The final section of this chapter looks at anti-cartel enforcement in the UK.

People-Trafficking: Some Reflections on the EU Legislation, and its Implementation in the UK

2009 ◽  
Vol 11 ◽  
pp. 189-210
Author(s):  
John R Spencer
Keyword(s):  
Criminal Law ◽  
Final Section ◽  
Framework Decision ◽  
Eu Legislation ◽  
The Third ◽  
History Of ◽  
Academic Network ◽  
The Uk ◽  
European Criminal Law ◽  
The Eu

Abstract This chapter examines the efforts in Europe and and the UK to deal with the problem of people-trafficking. As readers will see, it is in five Sections. The first sets the scene by explaining what ‘people-trafficking’ is, and outlining the history of international attempts to repress it and to relieve its human consequences. The second describes the recent legislative attempts to deal with it in Europe, and in particular, the EU Framework Decision of 2002. The third examines the UK legislation enacted with the aim—not entirely accurate, as we shall see—of implementing it. The fourth looks at the way the UK legislation is working. And the final section concludes with two general reflections. It is based on a study carried out in 2007 for ECLAN, the European Criminal Law Academic Network. Any reader who reaches the end with a thirst for further knowledge will find further refreshment in the book that resulted from the ECLAN study, which was published earlier this year.

People-Trafficking: Some Reflections on the EU Legislation, and its Implementation in the UK

2009 ◽  
Vol 11 ◽  
pp. 189-210
Author(s):  
John R Spencer
Keyword(s):  
Criminal Law ◽  
Final Section ◽  
Framework Decision ◽  
Eu Legislation ◽  
The Third ◽  
History Of ◽  
Academic Network ◽  
The Uk ◽  
European Criminal Law ◽  
The Eu

AbstractThis chapter examines the efforts in Europe and and the UK to deal with the problem of people-trafficking. As readers will see, it is in five Sections. The first sets the scene by explaining what ‘people-trafficking’ is, and outlining the history of international attempts to repress it and to relieve its human consequences. The second describes the recent legislative attempts to deal with it in Europe, and in particular, the EU Framework Decision of 2002. The third examines the UK legislation enacted with the aim—not entirely accurate, as we shall see—of implementing it. The fourth looks at the way the UK legislation is working. And the final section concludes with two general reflections. It is based on a study carried out in 2007 for ECLAN, the European Criminal Law Academic Network. Any reader who reaches the end with a thirst for further knowledge will find further refreshment in the book that resulted from the ECLAN study, which was published earlier this year.

13. Horizontal agreements (1): cartels

2018 ◽  
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Final Section ◽  
Hard Core ◽  
Judicial Practice ◽  
The Uk ◽  
Enforcement Activity

This chapter is concerned with the prohibition of cartels, also referred to as ‘hard-core’ horizontal agreements. The chapter begins with a discussion of the widespread consensus among competition authorities worldwide that cartels should be condemned, and gives examples of recent enforcement that has led to the imposition of significant fines and sentences of imprisonment. It also looks at the European Commission’s enforcement activity in relation to cartels. The chapter then considers the application of Article 101 to particular types of cartels: price fixing, market sharing, production quotas and other hard-core cartel practices. The final section of the chapter looks at anti-cartel enforcement and judicial practice in the UK.

6. Procedure: penalties and leniency arrangements

2019 ◽  
pp. 135-155
Author(s):  
Sandra Marco Colino
Keyword(s):  
Hard Core ◽  
Competition Law ◽  
Third Party ◽  
The Third ◽  
The Us ◽  
The Uk ◽  
The Eu

This chapter explores the financial penalties imposed for breaches of competition law in the EU and the UK. Broadly speaking, enforcers have three kinds of ‘weapons’ in their arsenal to use against those who attack competition: remedies, imprisonment, and fines. The first of these weapons may be the most powerful, and includes conduct, structural, and third-party remedies. Incarceration — the second weapon — is a well-publicized feature of the US system, and has been an option in the UK in relation to hard-core cartel conduct since the entry into force of the Enterprise Act 2002 (EA). The argument in favour of the efficacy of fines, the third weapon, is a persuasive one: companies take part in anti-competitive conduct in order to boost profits; remove those profits and the incentive for illegal conduct vanishes.

Legal Issues Arising from the Brexit Referendum: A UK and EU Constitutional Analysis

2017 ◽  
Vol 45 (1) ◽  
pp. 14-23 ◽  
Author(s):  
Menelaos Markakis
Keyword(s):  
Constitutional Law ◽  
Final Section ◽  
Legal Issues ◽  
Eu Law ◽  
Substantive Content ◽  
Legal Nature ◽  
Article 50 ◽  
The Uk ◽  
Constitutional Analysis ◽  
The Eu

The dust has not yet settled after the referendum on Britain's relationship with the EU, which took place on 23 June 2016. UK voted to leave the EU by 51.9% to 48.1%, which is a winning margin of almost 1.3 million votes. However, it is not yet clear what ‘Brexit’ means or how it will come about – legally and constitutionally. This article seeks to answer the latter question from the standpoint of UK and EU law. The discussion begins with the domestic process before beginning the initial withdrawal negotiations, which is governed by UK constitutional law. The focus then shifts to the process of withdrawing from the EU, which is set out in Article 50 TEU. This article further examines whether ‘Brexit’ can be stopped once Article 50 has been triggered. The penultimate section of the article looks at the legal nature and substantive content of the agreements that might be concluded between the UK and the EU if ‘Brexit’ were to become a reality. The final section of the article examines the UK rules on ratification of such international agreements.

Common Visa Policy: Bordering from Abroad—Applying Admission Criteria before Departure

2017 ◽  
Author(s):  
Violeta Moreno-Lax
Keyword(s):  
Information System ◽  
Final Section ◽  
Admission Criteria ◽  
Member States ◽  
The Common ◽  
Key Features ◽  
Visa Policy ◽  
Migration Flows ◽  
The Eu ◽  
Common Policy

Visas are specifically aimed at controlling admission at the stage of pre-departure and constitute one of the essential requirements for entry under the Schengen Borders Code. This chapter examines the common policy of the EU, conceptualizing them as pre-authorizations of entry granted before arrival in the territory of the Member States. Visa requirements, as introduced in the Visa Regulation, are perused at the outset, taking account of periodic revisions of the visa lists and the criteria for amendment considered relevant by the EU legislator. The key features of the uniform visa format and the Visa Information System (VIS) are briefly presented, highlighting their contribution to the securitisation of migration flows. Then, the visa issuing procedure, as governed by the Community Code on Visas (CCV), is examined. The final section is reserved to the analysis of the implications of the different components of the policy regarding access to asylum in the Member States.

Brexit and the EU Area of Freedom, Security, and Justice

2017 ◽  
Author(s):  
Deirdre Curtin
Keyword(s):  
Member State ◽  
Data Retention ◽  
Free Zone ◽  
The Uk ◽  
The Eu

UK involvement in the EU Area of Freedom, Security, and Justice (AFSJ) has been patchy. It never joined the Schengen border-free zone, and when in 2014 it exercised a block exit from all AFSJ measures, it selectively rejoined a substantial number. Even if partially outside, the UK has been a leader inside. Advanced intelligence capabilities meant it provided important support to the functioning of agencies such as Europol and UK laws inspired EU laws, for example, on data retention. The need to preserve some pragmatic forms of cooperation between the UK and the EU is obvious and shared by the UK security establishment. There is a partial institutional precedent . When Denmark rejected participation in Europol in a popular referendum, the Danish government obtained a deal from the EU institutions which allows it to remain associated to Europol as a ‘third country’ (and a Member State). The bespoke Brexit reality may prove even more complex.

GA: Armani’s Giorgio Armani

2018 ◽  
Author(s):  
Paul Brooker ◽  
Margaret Hayward
Keyword(s):  
Final Section ◽  
The Body ◽  
Body Shop ◽  
The Third ◽  
Haute Couture ◽  
Fashion Designer ◽  
The Body Shop ◽  
The Uk ◽  
Career Woman

The Armani high-fashion example illustrates the importance of adaptive rational methods in his founding and developing of an iconic high-fashion firm. Armani adapted stylistically to fashion’s new times in the 1970–80s by creating a new style catering for the career woman. His stylistic adaptation is compared with that of another famous Italian fashion designer, Versace, who instead modernized haute couture fashion and created a succession of glamourous styles. Both leaders exploited the same opportunity but in different ways. The third section compares these leaders’ legacies in the 1990s–2000s and assesses from a long-term perspective how capably they had used adaptive rational methods. The final section shifts the focus from fashion to the cosmetics industry and from Italy to the UK. Anita Roddick used adaptive rational methods to establish The Body Shop corporation in the 1970s–80s. However, she then abandoned rational methods with dire results for her corporation in the 1990s.

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