Promoting fair and competitive business practice

Arguments based on the UK competition rules can be used as the basis for rejecting another’s trading terms, or to challenge a competitor’s business practices.

The objective behind all competition rules, in the UK, the European Union and worldwide is to ensure a level playing field to encourage efficient and effective competition.

The underlying rationale is that properly functioning competitive markets will lead to lower prices, more choice and greater innovation, all to the benefit of consumers.

While the UK is generally a competitive market place, in some sectors certain agreements between competitors, or abusive behaviour by dominant players, can restrict opportunities for new entrants.

The way in which various distribution networks are structured may have similar anti-competitive effects.

Behaviour of this sort that distorts competition is prohibited under the UK competition rules.

Invoking competition law

Should an investor breaking into the UK market come up against these kinds of problems, competition law may offer a solution.

Arguments based on the UK competition rules can be used as the basis for rejecting another’s trading terms, or to challenge a competitor’s business practices.

The rules could even be invoked to get the investor out of unattractive obligations.

Legal assistance invaluable

Identifying and using competition law arguments such as these will normally require legal assistance, which can prove too costly for small businesses and individuals.

For complaints to the regulatory authorities, or private enforcement in the courts to have the best chance of success, however, that legal assistance is invaluable.

Free scheme launched

Launched in October 2006, the Competition Pro Bono Scheme is a user-friendly free resource available to anyone that needs help understanding the competition law regime within the UK.

It was set up by the legal community to provide specialist advice either to those who cannot afford it, or to those that do not know where to turn to get it.

Under the scheme, expert competition lawyers provide up to two hours free legal advice on the possible impact of UK, and European Union, competition rules on business activities within the UK.

Open access to business

The Scheme is open to all individuals and businesses requiring UK and EU competition law advice.

No further eligibility criteria are applied.

The Scheme is fully open to enquiries from business and individuals, regardless of their location.

How do you use the scheme?

Applicants simply need to fill out a few contact details and to provide a brief summary of their competition law-related query.

This can be a basic outline of the factual circumstances.

Once an application has been submitted, the applicant will be sent contact details for the advisor that has been allocated to it.

It is then up to the applicant to get in touch with the advisor, and take the matter forward.