Chapter 12 - External regulations of business Flashcards

1
Q

What are the regulatory bodies involved with environment agency?

A
  • Environment Agency
  • Information Commissioner
  • Takeover panel
  • Competition and Market Authority (CMA)
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2
Q

What is the Environment Agency?

A

Oversees environmental regulation

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3
Q

What is the information commissioner?

A

Responsible for enforcing rules brought in by Data Protection Act 1998 and the freedom of information Act 2000

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4
Q

What is the takeover panel?

A

Independent body that enforces City code on takeovers and mergers for listed companies - prevents competition in the UK

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5
Q

What is the Competition and Markets Authority (CMA)

A
  • Investigates those suspected of breaching competition Act (e.g. price fixing, cartels, bausing a dominant position) and the enterprise Act 2002
  • The CMA has powers to enter premises and demand documents as part of an investigation
  • Impose fines
  • Disqualify directors
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6
Q

How is competition regulated in the UK?

A
  • Competition Act 1998 which prohibits Anti-competitive agreements and Abuse of a dominant market position
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7
Q

Which Chapter of the Competitive Act 1988 is involved with Anti competitive agreements

A

Chapter 1: Anti - competitive information

Act prohibits forming anti competitive agreement. Such agreement could be formal or informal

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8
Q

Which Chapter of the Competitive Act 1988 is involved with Abuse of a dominant position

A

Chapter 2: Abuse of a dominant position

Chapter 2 act prohibits abuse of a dominant position either by one firm or by a group of firm

Dominant positions = can behave independently of the competition

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9
Q

What defines a business with a dominant position

A

Have high market share
few competitors
little potential for competitors

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10
Q

What are the typical types of abuses?

A
  • Unfair selling prices
  • Restricting production
  • Applying different trading conditions to equivalent transactions
  • Attaching unrelating supplementary conditions to contracts
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11
Q

What % of a fine is given to company for breaching?

A

10% of worldwide revenue

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12
Q

What is a cartel?

A

Formal or informal agreement among supposedly competing firms

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13
Q

What % of a fine is given to cartels?

A

10% on worldwide revenue

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14
Q

What are the conditions that cartel activity can occur

A
  • Few competitors in industry
  • Little product differentiation
  • established communication with competitors
  • recession
  • industry has excess capacity
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15
Q

What are the business responses to regulation

A
  • no response = face consequences of fines
  • more compliance = comply but pass cost to customers
  • Full Compliance = Behaviour is changed as the company adapts their products to meet compliance
  • Innovation = Porter believed that regulation triggers the need for new products and methodologies
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16
Q

What are the types of regulation involved with people involved in business

A

-Insider Trading
- Market Abuse

17
Q

What is insider trading?

A

Insider knowledge to make a profit / avoid loss

Criminal offence under Criminal Justice Act 1993

18
Q

What is market abuse?.

A

Distorts market prices/making false or misleading statements/misusing information

Criminal offence under the Financial Services and markets Act 2000. Maximum is an unlimited fine

19
Q

What are the regulation of directors?

A
  1. Fraudulent trading = where a company being wound-up due to insolvency continues to trade with ‘intent to defraud creditors’
  2. Wrongful trading - where company director continues to trade despite known the company cannot avoid insolvency or does not take reasonable steps to minimise potential loss to creditors. Consequences: Directors may be disqualified and may be asked to contribute to paying company’s debts
20
Q

What is money laundering regulations?

A

Money - Very extensive regulations on money laundering exist under the proceeds of crime act 2002 and the money laundering regulations 2007.