경쟁법
반경쟁적 합의, 시장지배적 지위 남용, 합병 및 CMA 집행.
소개
Competition law in the UK is governed primarily by the Competition Act 1998 and the Enterprise Act 2002. The Competition and Markets Authority (CMA) is the principal enforcement body. UK competition law prohibits anti-competitive agreements (Chapter I prohibition, mirroring Article 101 TFEU) and abuse of a dominant market position (Chapter II prohibition, mirroring Article 102 TFEU). The merger control regime requires notification of qualifying mergers. Post-Brexit, the UK operates its own independent competition regime.
핵심 원칙
Chapter I Prohibition — Agreements between undertakings that prevent, restrict, or distort competition are prohibited (Competition Act 1998, s.2). This covers price-fixing, market-sharing, bid-rigging, and output limitation.
Chapter II Prohibition — Conduct by an undertaking with a dominant market position that amounts to abuse is prohibited (Competition Act 1998, s.18). Examples include excessive pricing, predatory pricing, refusal to supply, and tying.
Merger Control — The CMA has jurisdiction to review mergers where the target has UK turnover of £70m+ or the merged entity supplies/acquires 25%+ of goods/services in the UK.
Cartel Offence — Under the Enterprise Act 2002, individuals who participate in cartel arrangements (price-fixing, market-sharing, bid-rigging) can face up to 5 years' imprisonment.
Exemptions — Agreements may be exempt if they improve production or distribution, benefit consumers, are indispensable, and do not eliminate competition (parallel to Article 101(3) TFEU).
Private Enforcement — Victims of anti-competitive conduct can claim damages through the Competition Appeal Tribunal (CAT) or the courts.
Digital Markets — The Digital Markets, Competition and Consumers Act 2024 gives the CMA new powers over firms with 'strategic market status' in digital activities.
핵심 법령
주요 판례
Argos Ltd v OFT
[2006] EWCA Civ 1318
Sainsbury's v Mastercard
[2020] UKSC 24
일반적인 시나리오
Competitors agree to fix prices
Price-fixing is a hardcore restriction under Chapter I of the Competition Act 1998. The CMA can impose fines of up to 10% of worldwide turnover. Individuals involved may face the criminal cartel offence under the Enterprise Act 2002.
Dominant company refuses to supply a competitor
Refusal to supply by a dominant undertaking may constitute abuse under Chapter II of the Competition Act 1998 if it eliminates competition in a downstream market. The CMA can impose fines and order the undertaking to supply.