Competition law Essay Example | Topics and Well Written Essays - 3750 words

contender law - Essay ExampleDue to the inflow of complaints that reaches the office of the European Court of Justice, a new accord was passed to devolve the function to the national disceptation authority and the national courts of each jurisdiction. The new exercise was formulated to ensure that more focus is given to each complaints and also to ensure that proper monitoring of the conduct of the companies within each jurisdiction is puff up managed. As it is there are three ways wherein monopolies or cartels can be broken. Through notification where the companies themselves entrust submit to the regime of the national ambition authority the agreements it will enter into with a comp any within the same industry. The Notification process will certify and state the reason to the National Competition Commission on why the agreement is not in violation of the anti cartel law. The other process wherein attention to the existence of the cartel will be put to the fore is through th e initiation of a complaint against the cartel or the companies that aim up the cartels. It is normally lodged by consumers acting to bear on and protect its interest against acts by company considered as against public policy. The National Commission itself acting on its behalf and in congruence with its power may ask and launch its inquiry as to the existence of the cartel. The process enunciated above at first instance can be considered as laudable due to the pore implementation of the law by the National Competition Authority of each jurisdiction. To illustrate The notification process only provides a prima facie evidence that would make the companies involved in the agreement or alliance. This will pave the way for undocumented gentlemens agreement to be hatched in golf courses or similar fora. While more powers are given to the National Competition Authority to assess, rule and provide guidance to companies willing to submit itself to the regime of the NCA, the European Co urt of Justice have effectively reduced its clout over the TFEU. Legal backGround In 1952, the European Coal and Steel Community (ECSC) was created not only to boost economic growth in Europe in the aftermath of the Second World War but more importantly, to foster durable peace. This treaty marked the beginning of the free grounds of coal and steel and it guaranteed access to sources of production as well as the establishment of fair competition rules and price transparency. Under this Treaty, three cases were identified as hindrance to free trade and fair competitionagreements, concentrations and the abuse of dominant positions thus it explicitly provided that any agreement and undertaking could be nullified or an association could be disbanded if they would likely promote unfair competition or directly or indirectly prevent, restrict or distort free enterprise or fair competition. The European Economic Community (then k straightwayn as EEC but now referred to as the EC Treaty) p ursuant to the Treaties of Rome established the single or common European market on 1 January 1958. Under this Treaty, the free movement of people, goods and services were similarly conferred to achieve the envisioned economic development under the single or com