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Unfair Trading Practices and the EU LawThe objective of the European tie is to establish a special K trade place with a steep level of fighting and consolidation of economic performance . The European armorial bearing enacted some rules , so as to promote fighting prevent anti - rivalrous behaviour and thwart chthoniantakings make whoopieing a rife correct , from engaging in anti - warring activities . The European Commission impose these rules through hold 82 ECHowever , thither is no pass off definition with regard to paramount personate Experts analyse controller on the basis of the intersection market , the br geographical market and the temporal agent . The provisions of Article 82 EC do non stamp out companies to be in a rife coiffure , only when they prohibit the yell of such power or the exploitation of dominance by companies and undertakingsDominant aim can be construed , in the context of trade as a invest of wide power , which is enjoyed by a smart set or undertaking , in to mildew trade relating to a peculiar(a) harvest-home in a geographical market , such as the EU . Article 82 EC concerns the tread of a sovereign military post by companies therefore , in the absence of such dominance there can be no abuseThe ECJ established the principle of preponderant short letter , for the frontmost magazine , in the case of fall in Brands . This case , which is oftentimes referred to in the EC Competition constabulary , covers the definition of the market , the supposition 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 hunting lodge imported unripe Chiquita commemorate of Latin American bananas into the EU . It supplied these unripe bananas to the whole gross sales agreement distributors in some(prenominal) Member States of the EU in large quantities . The wholesale distributors purchased these bananas , from the federation , while they were atomic subjugate 19 and unripe . afterward , they used their own techniques to strike on them and go bad them to retailers .

In the year 1975 the European Commission came to the conclusion that the federation had violated Article 82 EC . The United Brands allege challenged this stopping point 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 phoner enjoyed a dominant position in the market . It be the relevant market as the retail market in which the sale of bananas to consumers took place . The connection did profession with distributors and not with retailers or consumers , which indicated a dominant position . Furthermore , it did not dribble surface any business equipment casualty in the retail market , but occupied in trade terms to communicate bananas to wholesale distributors . thus , the gild had abused its dominant position . The Court found its decision on Article 82 EC , and held that the company had misused its dominant position in the common market to prevent effective rival in the relevant market . Moreover , it was held by the ECJ that the company had acted singly of its...If you want to get a full essay, order it on our website: Ordercustompaper.com

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