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disclosure by both the overseas companyand the Registrar of Companies.In contrast to overseas companies, overseasLLPs with branches in England and Wales aresubject to very little regulatory requirements.The overseas LLP must include details of itsname and country of incorporation at its placeof business in England and Wales and in all itscommunications, including business lettersand its website.7. Anti-trust/competition lawFollowing the entry into force of theCompetition Act 1998 on 1 March 2000, theUK has competition rules which are similar tothose which apply to cross-border business inthe European Economic Area and theEuropean Union. The Competition Actintroduces two prohibitions which are closelybased on the corresponding Europeanprohibitions under Articles 101 and 102 of theTreaty on the Functioning of the EU.Chapter I of the Competition Act prohibitsagreements or arrangements which may affecttrade within the UK and have as their object oreffect the prevention, restriction or distortion ofcompetition within the UK:- e.g. cartels such asprice fixing and market sharing agreements.Chapter II of the Competition Act prohibitsbehaviour or conduct which amounts to anabuse of a dominant market position which hasor is capable of having an effect on tradewithin the UK:- e.g. selling at unfair prices,stifling innovation, discrimination or tyingdistinct goods.The Office of Fair Trading has wide-rangingpowers of enforcement under the CompetitionAct, including the right to carry out on-the-spotinvestigations or “dawn raids” at companypremises. Fines of up to 10% of anundertaking’s worldwide turnover may beimposed, and businesses can be liable to thirdparties who are affected by a breach of therules. Company Directors who breach the rulesmay face disqualification and persons involvedin cartels may be criminally liable toimprisonment or fines. The non-legalconsequences of infringement, in particular theresultant adverse publicity, may be of equalconcern.Charles Russell provides specialist advice onboth EU and UK competition rules.PAGE 9

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