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United Kingdom Competition Law
United Kingdom competition law is affected by both British and European elements. The Competition Act 1998 and the Enterprise Act 2002 are the most important statutes for cases with a purely national dimension. However, prior to Brexit, if the effect of a business' conduct would reach across borders, the European Commission has competence to deal with the problems, and exclusively EU law would apply. Even so, the pre-Brexit section 60 of the Competition Act 1998 provides that UK rules are to be applied in line with European jurisprudence. Like all competition law, that in the UK has three main tasks. * prohibiting agreements or practices that restrict free trading and competition between business entities. This includes in particular the repression of cartels. * banning abusive behaviour by a firm dominating a market, or anti-competitive practices that tend to lead to such a dominant position. Practices controlled in this way may include predatory pricing, tying, price gouging, re ...
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Competition Act 1998
The Competition Act 1998 (c. 41) is the current major source of competition law in the United Kingdom, along with the Enterprise Act 2002. The act provides an updated framework for identifying and dealing with restrictive business practices and abuse of a dominant market position. One of the main purposes of this act was to harmonise the UK with EU competition policy, with Chapter I and II of the act mirroring the content of Articles 81 and 82 of the Treaty of Amsterdam (formally Articles 85 and 86 of the Treaty of Rome).Note: Arts 81 & 81 have since been renumbered as Arts 101 & 102 Chapter I Prohibitions Deals with restrictive practices engaged by companies operating within the UK that distort, restrict or prevent competition. These are, primarily in the form of horizontal agreements (agreements to collude between firms on the same level of the supply chain such as retailers or wholesalers). These agreements could be to limit output, collusively share information, fix price ...
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Public Services
A public service or service of general (economic) interest is any service (economics), service intended to address the needs of aggregate members of a community, whether provided directly by a public sector agency, via public financing available to private businesses or voluntary organisations, or by private businesses subject to government regulation. Some public services are provided on behalf of a government's residents or in the public interest, interest of its citizens. The term is associated with a social consensus (usually expressed through democratic elections) that certain services should be available to all, regardless of income, physical ability or intelligence, mental acuity. Examples of such services include the Fire department, fire services, police, air force, paramedics and public broadcasting, public service broadcasting. Even where public services are neither publicly provided nor Public finance, publicly financed, they are usually subject to regulation beyond ...
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Amercement
An amercement is a financial penalty in English law, common during the Middle Ages, imposed either by the court or by peers. While it is often synonymous with a fine, it differs in that a fine is a fixed sum prescribed by statute and was often voluntary, while an amercement is arbitrary. Amercements were commonly used as a punishment for minor offences (such as trespassing in the king's forest), as an alternative to imprisonment. Etymology The noun "amercement" derives from the verb to amerce: a king would amerce his subject, who had broken a law. The term is of Anglo-Norman origin ( Law French, from French, from Latin), and literally means "being at the mercy of": ''a-merce-ment'' (the English word mercy is cognate). History Early Norman rule A system of amercements was in place as early as the Norman Conquest of 1066, but was still regarded as an innovation when Henry I acceded to the throne in 1100. As the number of entities having legal jurisdiction over a given locat ...
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Assize
The assizes (), or courts of assize, were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes exercised both Civil law (common law), civil and English criminal law, criminal jurisdiction, though most of their work was on the criminal side. The assizes heard the most serious cases, most notably those subject to capital punishment or, later, life imprisonment. Other serious cases were dealt with by the quarter sessions (local county courts held four times per year), while the more minor offences were dealt with summarily by justice of the peace, justices of the peace in petty sessions (also known as magistrates' court (England and Wales), magistrates' courts). The word ''assize'' refers to the sittings or sessions (Old French ''assises'') of the judges, known as "justices of assize", who were judges who travelled across the seven circu ...
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Frederic William Maitland
Frederic William Maitland (28 May 1850 – ) was an English historian and jurist who is regarded as the modern father of English legal history. From 1884 until his death in 1906, he was reader in English law, then Downing Professor of the Laws of England at the University of Cambridge. Born into a distinguished intellectual family, Maitland was educated at Eton College and Trinity College, Cambridge. Leaving for the bar after an initial failure to obtain a fellowship at Cambridge, he returned to academia in 1884, and quickly became one of the most distinguished historians of his generation. Early life and education, 1850–72 Frederic William Maitland was born on 28 May 1850 at 53 Guilford Street in London. He was the only son and second of three children of John Gorham Maitland and of Emma, daughter of John Frederic Daniell. His grandfather was Samuel Roffey Maitland. Maitland's father was a barrister but, having little practice, became a civil servant, serving as secre ...
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Sir Frederick Pollock, 3rd Baronet
Sir Frederick Pollock, 3rd Baronet PC, FBA (10 December 1845 – 18 January 1937) was an English jurist best known for his ''History of English Law before the Time of Edward I'', written with F.W. Maitland, and his lifelong correspondence with US Supreme Court Justice Oliver Wendell Holmes. He was a member of the Cambridge Apostles. Life Pollock was the eldest son of William Frederick Pollock, Master of the Court of Exchequer, and Juliet Creed, daughter of the Rev, Harry Creed. He was the grandson of Sir Frederick Pollock, 1st Baronet, Lord Chief Baron of the Exchequer, the great-nephew of Field Marshal Sir George Pollock, 1st Baronet, and the first cousin of Ernest Pollock, 1st Viscount Hanworth, Master of the Rolls. He was educated at Eton College, where he was a King's Scholar, and Trinity College, Cambridge, where he was elected Fellow in 1868 (later Honorable Fellow in 1920).''For My Grandson'' (1933) John Murray, Note B: ''Personal Dates'' In 1871 he was adm ...
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King Edward The Confessor
Edward the Confessor ( 1003 – 5 January 1066) was King of England from 1042 until his death in 1066. He was the last reigning monarch of the House of Wessex. Edward was the son of Æthelred the Unready and Emma of Normandy. He succeeded Cnut the Great's son – and his own half-brother – Harthacnut. He restored the rule of the House of Wessex after the period of Danish rule since Cnut conquered England in 1016. When Edward died in 1066, he was succeeded by his wife's brother Harold Godwinson, who was defeated and killed in the same year at the Battle of Hastings by the Normans under William the Conqueror. Edward's young great-nephew Edgar Ætheling of the House of Wessex was proclaimed king after the Battle of Hastings, but was never crowned and was peacefully deposed after about eight weeks. Historians disagree about Edward's fairly long 24-year reign. His nickname reflects the traditional image of him as unworldly and pious. Confessor reflects his reputa ...
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Asset Forfeiture
Asset forfeiture or asset seizure is a form of confiscation of assets by the authorities. In the United States, it is a type of criminal-justice financial obligation. It typically applies to the alleged proceeds or instruments of crime. This applies, but is not limited, to terrorist activities, drug-related crimes, and other criminal and even civil offenses. Some jurisdictions specifically use the term "confiscation" instead of forfeiture. The alleged purpose of asset forfeiture is to disrupt criminal activity by confiscating assets that potentially could have been beneficial to the individual or organization. Asset forfeiture was found to generally increase with the percentage of the assets retained depending on electoral incentives. Civil and criminal law The standards of proof generally differ in criminal procedure and civil procedure. In civil cases the preponderance of the evidence which is described as anything over fifty percent can be sufficient. United Nations Conve ...
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Engrossing (law)
Engrossing, forestalling and regrating were marketing offences in English, Welsh and Irish common law. The terms were used to describe unacceptable methods of influencing the market, sometimes by creating a local monopoly for a certain good, usually food. The terms were often used together, and with overlapping meanings. They became obsolete in 1844. Blackstone's Commentaries described them as offences against public trade: Forestalling—the buying or contracting for any merchandise or victual coming in the way of the market; or dissuading persons from bringing their goods or provisions there; or persuading them to enhance the price, when there; any of which practices make the market dearer to the fair trader. Regrating—the buying of corn or other dead victual, in any market, and selling it again at the same market, or within four miles of the place. For this also enhances the prices of the provisions, as every successive seller must have a successive profit. Engrossi ...
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Domesday Book
Domesday Book ( ; the Middle English spelling of "Doomsday Book") is a manuscript record of the Great Survey of much of England and parts of Wales completed in 1086 at the behest of William the Conqueror. The manuscript was originally known by the Latin name , meaning "Book of Winchester, Hampshire, Winchester", where it was originally kept in the royal treasury. The ''Anglo-Saxon Chronicle'' states that in 1085 the king sent his agents to survey every shire in England, to list his holdings and dues owed to him. Written in Medieval Latin, it was Scribal abbreviation, highly abbreviated and included some vernacular native terms without Latin equivalents. The survey's main purpose was to record the annual value of every piece of landed property to its lord, and the resources in land, labour force, and livestock from which the value derived. The name "Domesday Book" came into use in the 12th century. Richard FitzNeal wrote in the ( 1179) that the book was so called because its de ...
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Norman Conquest
The Norman Conquest (or the Conquest) was the 11th-century invasion and occupation of England by an army made up of thousands of Normans, Norman, French people, French, Flemish people, Flemish, and Bretons, Breton troops, all led by the Duke of Normandy, later styled William the Conqueror. William's claim to the English throne derived from his familial relationship with the childless Anglo-Saxon king Edward the Confessor, who may have encouraged William's hopes for the throne. Edward died in January 1066 and was succeeded by his brother-in-law Harold Godwinson. The Norwegian king Harald Hardrada invaded northern England in September 1066 and was victorious at the Battle of Fulford on 20 September, but Godwinson's army defeated and killed Hardrada at the Battle of Stamford Bridge on 25 September. Three days later on 28 September, William's invasion force of thousands of men and hundreds of ships landed at Pevensey in Sussex in southern England. Harold marched south to oppose ...
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Ofwat
The Water Services Regulation Authority, or Ofwat, is a non-ministerial government department and body responsible for the economic regulation of the privatised water and sewerage industry in England and Wales. Ofwat's main statutory duties include protecting the interests of consumers, securing the long-term resilience of water supply and wastewater systems, and ensuring that companies carry out their functions and are able to finance them. Ofwat primarily sets limits on the prices charged for water and sewerage services, taking into account proposed capital investment schemes (such as building new wastewater treatment works) and expected operational efficiency gains. The most recent review was carried out in 2019; reviews are carried out every five years, with the next due to take place in December 2024. The Water Act 2014 extended retail competition to all non-household customers of English water companies from April 2017 and provided for possible future competition in whole ...
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