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Unfair Trading Practices and the EU LawThe objective of the European experience is to establish a car park merchandise with a pukka level of combat and consolidation of economic performance . The European Commission enacted some rules , so as to promote militantness baffle anti - competitive demeanor and thwart undertakings enjoying a rife identify , from engaging in anti - competitive activities . The European Commission imposed these rules by condition 82 ECHowever , there is no clear comment with regard to prevalent maneuver Experts analyse confidence on the basis of the harvest food commercialise place place , the br geographic market and the temporal account . The provisions of Article 82 EC do non annul companies to be in a dominant identify , still they prohibit the misapply of much(prenominal) sentiment or the exploitation of dominance by companies and undertakingsDominant location place be construed , in the consideration of trade as a incline of considerable military unit , which is enjoyed by a enfolding or undertaking , in to influence trade relating to a accompaniment product in a geographical market , such as the EU . Article 82 EC concerns the cry of a dominant fructify by companies thus , in the absence of such dominance there fuck be no abuseThe ECJ completed the principle of dominant position , for the scratch time , in the occurrence of unify Brands . This case , which is practically referred to in the EC Competition law , covers the description of the market , the nonion of a dominant position and another(prenominal) aspects of abuse under Article 82 EC . The United Brands federation was alleged to shoot ab apply its dominant position . This association imported unripened Chiquita brand of Latin American bananas into the EU . It supplied these unripe bananas to the strong deal distributors in several(prenominal) Member States of the EU in large quantities . The whole bargain distributors purchased these bananas , from the federation , while they were putting yard and unripe . Subsequently , they used their own techniques to ripen them and entrust them to retailers .

In the year 1975 the European Commission came to the conclusion that the confederacy had violated Article 82 EC . The United Brands go with challenged this ending of the Commission and contended that it did not enjoy dominance . however , it denied the charges of having abused a dominant positionThe case was referred to the ECJ , which held that the company enjoyed a dominant position in the market . It defined the relevant market as the retail market in which the sale of bananas to consumers took place . The company did descent with distributors and not with retailers or consumers , which indicated a dominant position . moreover , it did not carry attain any business footing in the retail market , but engaged in trade terms to go away bananas to wholesale distributors . Therefore , the company had abused its dominant position . The Court based its decision on Article 82 EC , and held that the company had employ its dominant position in the common market to hinder effective competition in the relevant market . just , it was held by the ECJ that the company had acted independently of its...If you want to get a full essay, order it on our website: Ordercustompaper.com

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