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Unfair Trading Practices and the EU LawThe objective of the European intimacy is to establish a common merchandise with a maestro level of combat and integration of economic performance . The European Commission enacted some rules , so as to promote militantness baffle anti - competitive behaviour and thwart undertakings enjoying a rife identify , from engaging in anti - competitive activities . The European Commission imposed these rules through oblige 82 ECHowever , thither is no clear definition with regard to predominant marker Experts analyse potential on the basis of the harvest food market place place , the br geographical market and the temporal visualise . The provisions of Article 82 EC do non supplant companies to be in a dominant identify , exclusively they prohibit the misapply of much(prenomina l) military posture or the exploitation of dominance by companies and undertakingsDominant position can be construed , in the mount of trade as a position of considerable designer , which is enjoyed by a participation or undertaking , in to influence trade relating to a accompaniment product in a geographical market , much(prenominal) as the EU . Article 82 EC concerns the cry of a dominant position by companies therefore , in the absence of such dominance there can be no abuseThe ECJ found the principle of dominant position , for the scratch time , in the case of United Brands . This case , which is practically referred to in the EC Competition law , covers the definition of the market , the notion of a dominant position and other aspects of abuse under Article 82 EC . The United Brands federation was alleged to convey abused its dominant position . This association imported unaged Chiquita brand of Latin American bananas into the EU . It supplied these unripe bananas to the unscathed deal distributors in seve! ral Member States of the EU in large quantities . The wholecut-rate sale distributors purchased these bananas , from the conjunction , while they were putting blue jet and unripe . Subsequently , they used their own techniques to ripen them and take into account them to retailers .

In the year 1975 the European Commission came to the conclusion that the company had violated Article 82 EC . The United Brands telephoner challenged this decision of the Commission and contended that it did not enjoy dominance . nevertheless , 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 business with distributors and not with retailers or consumers , which indicated a dominant position . Furthermore , it did not carry queer any business terms in the retail market , but engaged in trade terms to come out 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 misused its dominant position in the common market to prevent effective competition in the relevant market . Moreover , it was held by the ECJ that the company had acted apiece of its...If you want to get a full essay, order it on our website: OrderEssay.net

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