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Article in United Kingdom

Definition of Article

In accordance with the work A Dictionary of Law, this is a description of Article :

A clause in a document. The plural, articles, is often used to mean the entire document, e.g. *articles of association

Article 81

A provision of the Treaty of Rome that prohibits anticompetitive agreements the aim or effect of which is to restrict, prevent, or distort competition in the EU (See also competition law). Article 81 (formerly 85) applies directly in all member states (See Community legislation) and is often used against *cartels; it only applies when the agreement affects trade between member states. Agreements that infringe the Article are void and unenforceable; third parties have the right to bring actions for damages if they have suffered loss through the operation of such agreements. Infringement of the Article may result in EU fines of up to 10% of annual worldwide turnover. In the UK there are very similar provisions in the Competition Act 1998, which prohibit anticompetitive agreements under Chapter I of that Act.

See also block exemption

Article 82

A provision of the Treaty of Rome, with direct effect throughout the EU (See Community legislation), that prohibits *abuses of a dominant position by businesses in the EU. Examples of breaches of Article 82 (formerly 86) include refusing to supply an existing customer (for example, when it has begun to operate in competition with the dominant company), selectively reducing prices to stop competition from competitors (See predatory pricing), unfair or excessive prices, tying clauses, and refusing to license *intellectual property rights. Article 82 only prohibits such conduct if the business is dominant, i.e. if it enjoys a market share of 40% or more in the EU (or a substantial part of it). The rules only apply when the conduct affects trade between member states. There is a very similar prohibition in the Chapter II prohibition of the Competition Act 1998, which holds that abuse of a dominant position will breach UK law if it has effects in the UK.

Article 234 Reference

A provision of the Treaty of Rome entitling national courts to refer matters of EU law to the European Court of Justice for a determinatio The case ultimately returns to the national court for a final judgment. Such a procedure is known as a “234 reference”. Article 234 (formerly 177) is a provision of the Treaty that empowers the Court of Justice to decide such issues as how the Treaty of Rome should be interpreted and whether or not the European Commission or other bodies have acted properly.

Concept of Article

Traditional meaning of article [1] in the English common law history: A species of pleading in the English ecclesiastical courts. The division or paragraph of a document. Articles of faith, religion, or the thirty-nine articles: a statement of the faith of the Church of England, formed by Cranmer, and revised by the Convocation of 1562. Articles of the peace: in English law, a complaint made before a court or justice of the peace against a person from whom the complainant fears injury to person or property, whereby the party complained of is forced to find sureties of the peace. Popularly termed swearing the peace against one.

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Notes and References

  1. Based on A concise law dictionary of words, phrases and maxims, “Article”, Boston: Little, Brown, and Company, 1911, United States. This term and/or definition may be absolete. It is also called the Stimson’s Law dictionary, based on a glossary of terms, included Article.

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(2020, 04). Article lawi.org.uk Retrieved 05, 2021, from https://lawi.org.uk/article/

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"Article" lawi.org.uk. 04, 2020. Accesed 05 2021. https://lawi.org.uk/article/

Agostino Von Hassell, 'Article' (lawi.org.uk 2020) <https://lawi.org.uk/article/> accesed 2021 May 15

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Schema Summary

  • Article Name: Article
  • Author: Agostino Von Hassell
  • Description: Definition of Article In accordance with the work A Dictionary of Law, this is a description of Article : A clause in a [...]

This entry was last updated: April 21, 2020

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