Articles

• Unfair Contract Terms Act (UCTA 1977): applies only to B2B contracts, covers contractual and non-contractual exemptions, death/injury in exemption is always void
• Consumer Rights Act (CRA 2015): trader to consumer, unfair terms are not binding to customer, no exclusions for death/injury by negligence
• Article 49 TFEU: freedom of establishment, enjoyed by natural persons, but also companies and firms; ban on discrimination
• Article 54 (1) TFEU: companies and firms enjoy the right of establishment if they: are formed in accordance with the law of a Member State and have a connection with a Member State
• Art. 54 (2) TFEU: broad definition of companies and firms: “companies or firms constituted under civil or commercial law, including cooperative societies, and other legal persons governed by public or private law, save for those which are non-profit making”
• Article 50(2)(g) TFEU: task of the Commission and the Council to realise freedom of establishment through harmonisation of company law
• Centros and Inspire Art: A company which is validly incorporated in a Member State (home state) and having its registered office there, is entitled to exercise its freedom of establishment in another Member State (host state) by establishing a branch
• Companies Act 2006 (Section 51): company promoters will be personally liable for any contract they make on behalf of the company
• Article 101 (1) TFEU: prohibits agreements, decisions, and practices that may affect trade between EU member states and prevent, restrict, or distort competition. Examples include price-fixing, limiting production, and market sharing
• Article 101 (2) TFEU: states that any agreements or decisions prohibited by subsection 1 are automatically void
• Article 101 (3) TFEU: provides exemptions to the prohibitions in subsection 1 if the agreements contribute to improving the production or distribution of goods, or promote technical or economic progress, while allowing consumers a fair share of the resulting benefit, and do not impose unnecessary restrictions or eliminate competition.
• Article 102 TFEU: Any abuse by one or more undertakings of a dominant position within the internal market or in a substantial part of it shall be prohibited as incompatible with the internal market in so far as it may affect trade between Member States
• Article II of GATT mandates that member countries adhere to agreed tariff rates in their schedules and prohibits exceeding these rates, ensuring trade transparency and predictability
• Article XI of GATT prohibits quantitative restrictions like quotas and bans on imports and exports, ensuring trade is regulated by tariffs and duties rather than limiting quantities
• Article I of GATT establishes the "Most-Favored-Nation" principle, requiring member countries to extend the same trade advantages to all other members, ensuring non-discriminatory trade practices
• Article I:1 of the GATT 1994 prohibits discrimination between like products originating in, or destined for, different countries
• Article III of GATT mandates national treatment, requiring member states to treat imported goods no less favorably than domestic goods regarding internal taxation and regulation, ensuring fair competition
• ContractS- Rights of Third Parties Act 1999: allows third parties to enforce contract terms in some cases, relevant in case of a product that causes harm but not to the direct buyer
• Consumer Protection Act 1987: Holds manufacturers strictly liable for damage caused by defective products, mandates that all products must be safe, prohibits misleading pricing, and allows consumers to seek compensation for harm caused by faulty goods. (case must be brought within 3 years, defendant just has to be producer)
• Merger (Reg. no. 139/2004): empowers the European Commission to assess and approve or prohibit mergers and acquisitions that may significantly affect competition within the EU's single market
• Article 107 TFEU: prohibits state aid that distorts or threatens to distort competition by favoring certain undertakings or the production of certain goods, affecting trade between EU member states, exemptions for aid that promotes economic development, culture, and heritage conservation
• Regulation 1/2003: decentralizes enforcement by allowing national competition authorities and courts to apply EU competition rules alongside the European Commission
• Appreciable effect in relation to EU competition law refers to the standard for an agreement between companies affecting competition