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NM52 : Market Law
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NM52 : Market Law
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Course Code: NM52
University: University Of Strathclyde
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Country: United Kingdom
Question:
A comprehensive definition of what legally constitutes a market.
A description of four legal provisions by which markets could be established. Also state how your own market was established . (For the purpose of your assignment please assume that the market that you are now managing was created in the same manner as the one that you actually work at).A description of five tests which can be applied to determine whether the new operations can be regarded as rival markets.What are Market Franchise Rights and what is the common law distance which applies to disturbance of these rights. How this distance originated.Recommendations on the courses of action that could be taken with regard to these potentially rival markets and on any risks, uncertainties or opportunities that there may be in taking these actions. State what different actions should be taken with regard to the different operating days of the rival market.Reference to the European Services Directive and its possible influence on your recommended actions.
Answer:
Introduction:
Market definition
In business, the term market is used to imply a medium that allows interaction made to facilitate the exchange of goods and services between different sellers and buyers. According to this definition, a market may exist in both physical forms whereby where buyers and sellers meet for their exchange or, can be virtual form whereby the two parties don’t need to meet face to face but can have their exchange and transactions online. Other ways, market is broadly used when referring to the number of people desiring as well having the potential and abilities to purchase certain goods or services.
In this case, our concern is in the physical market. Which is further defines by (Cleaver 2009) as a franchise which gives its holder the right to hold a concourse of buyers and sellers for the sale of one or more types of a commodity? According to (Gikandi 2013) not all the existing markets are equal. There exist some bigger markets than others. Some are better than others and others seem more lucrative than others. There are some features that a marketer or someone in business should consider when choosing a market. One of the important factors is the legality or the legal constituents of a market. Due the existence and share of the same customers, in every business, there is always idea on completion. This, therefore, calls for legalities to exist in a market. (Korves 1990)The following are the features of a legal market
Features of a legal market
Sellers- sellers own the goods and sell them to the buyers who need the goods at a cost
Buyers-offer a price to get intended goods or service
Goods-these are the commodities being traded by the seller to the buyer
A medium of exchange- it’s defined as what is being exchanged for with the goods or the services. In this case, they must be legal and licensed goods or services.
Market share-this is measured by the concentration ratio
The nature of cost-for a legal market, all firms should are bound to exploiting economies of scale
Distance-under the common law, the distance between two market franchises should be six and two-thirds miles.
Competition-In market the rate and type of competition should be free, fair and healthy. Each seller should use fair and recommendable strategies to have a wider market share but not exploitative strategies. Due to this factor there exist several market forms, they include; perfect competition, oligopoly, monopoly and contestable markets.(Riley 2018)
Legal provisions of establishing a market
It’s very important that our council of management and members to town Centre market square be brought into the light on some of the legal provisions that any operator has met for an establishment of a market. This is very important since it will help us in decision making concerning the rivalry being established in our market. As members of the town city square, we followed these statues and legal provisions by the time we were establishing our market in the town city square. The legal provisions and conditions include;
Our met legal provisions
Market rights can be used to establish a market. The rights to hold a market are conferred by statutes stated in the country’s constitution under trade act. This is always the local act. Markets can also be established after authorization by certain local authorities depending on what is being sold in the market.
When one starts a market, it means the power to provide the grants under which rights are held are transferred to them. They control that market. They have the power and authority to collect tax and fines within that market and of most important have the authority to take actions against any other person who may set up a rival market that exists at a distance of six and tow third from the local market.
Street trading’ for the purposes of Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 means, subject to prescribed exemptions, “the selling or exposing or offering for sale of any article (including a living thing) in a street.” The Schedule provides an exemption for “anything is done in a market or fair the right to hold which was acquired by virtue of a grant (including a presumed grant) or acquired or established by virtue of an enactment or order.” Markets which are established by virtue of charter or statute are therefore exempt from the street trading regime; as a result trading at such a market in a street which had been designated as a ‘consent street’ for the purposes of street trading, would not require authorization by way of a consent.
Local authorities have the power to establish a market in their area. However, their power limits them to establish markets where someone has already been privileged with rights to establish a market before since this will interfere with the latter’s rights and cause a disturbance. After establishing the market, they have the power to allocate the date, time and hours during which the established markets can be held. The local authorities still have the mandate to set bylaws that deal with issues that concern the regulation of market geographical locations and also preventing disturbance within the marketplace.
Explanation of how our market was established
In regards to the above legal requirements, as a manager, I can ascertain that we have met all the legal provisions for establishing a market. We sought a license and permit from the legal bodies. Our market was formed after an authorization by local authorities. We were given the rights to conduct our activities within the town city square under the local market activity. We were given the rights to charge tolls and power to provide the grants. We, therefore, have a legal power and obligation to take actions against any other person who may set up a rival market that exists at a distance of six and tow third from our local market.
Tests to determine if new operations are rival markets
Use of advertisements. When a new operator wants to rival a market, they tend to advertise their new markets in the media and word press. We, therefore, need not ignore the advert that is reportedly have been posted on the local press for local traders to attend to new markets that the new operator wants to start on a private land some mile near us. The advert is targeting almost the same traders we have in our town city square market.
Information from customers_ we can use some of the traders who trade in our markets (being our customers) to seek further and detailed information from the new advertised market. They will gather information on the days, hours and goods being operated in that market.
Exhibitions and trade affairs- we can organize a trade exhibition from all markets selling similar goods with us. Invitations being made on social media will reach all. If this operator attends the exhibition, then it’s clear it’s a rival market operator.
Seeking to know more about the products they sell
Determining the operators routine, days and times of operation and if they in a way similar or related to ours.( GOV.UK/Business 2015)
Market franchise rights
Franchising is the authorization by the government or rather a company to a certain individual or group of individuals that enables them to conduct specific trade activities in place for the government or the company’s product. There are rights that are associated with this authorization.
The person entitles to the franchise has the right to a market in respect to common law and therefore this authorities him or her to take actions aimed at preventing any sort of disturbance and can recover any damages that may arise from any rival market, either permanent or temporary.
The owner of the market has the right to be protected from any unjustifiable interference such as selling outside the market and obstructing their market within the common law distance protection.
The local authority can now be used to establish markets.(Dawson 2017)
The common law distance
The common law distance is used to when the above-mentioned rights are violated. This law recognizes a specified zone of protection that has a radius of six and two-thirds miles away from the franchise market. According to the law, another franchise market can only be established after consideration of that distance. It’s developed from the assumption that, a trader, seller and a buyer can only walk for an average distance of 20 miles per day. Therefore, it’s assumed they need a third a day to reach the desired market, another third to have their trading activities and another third to get back home. The 6 2/3 miles are used to represent the longest distance a trader can walk to the market. (Cleaver 2009)
Recommendations on the course of actions
Considering the rights as market owners, we are under a threat and risk of sharing our traders with the new operator. (Hsieh 2013) This is so since he has located his market six miles away from us. According to the common law, this distance can be a way of targeting our traders which will consequently lead to reduced returns. Due to foreseen intention to violate our market franchise rights, we have to take actions as soon as possible to counter-attack the operator from starting a market in that area which is also a private land. The best way to do that is to report the matter to local authorities. The local authorities in respect to market franchise rights, will prevent the operator from starting the market, limit him from sharing market days similar to ours and also stop his car boot business every Sunday. (Scottish business gateway 2006)
References:
GOV.UK/Business. “UNDERSTAND YOUR COMPETITORS.” INFO enterprenuers , 2015: 22.
Cleaver, Tom. “Modernising the law of markets and fairs .” markets franchise, 2009: 1-11.
Dawson, Anna. “The Franchisee’s Rights and Responsibilities.” Franchise direct, 2017: 2.
Gikandi, David Cameron. “A Good Market Has These 11 Characteristics.” Marketing , 2013: 41.
Hsieh, Kai-Yu. “The Structure of Competition:.” Organization science , 2013: 1-21.
Korves, Ross. “What Makes a Market?” Foundaation for Economic education, 1990: 4.
Riley, Geoff. “Market legal structures in the long run:Key Summary on Market Structures.” Economics, 2018: 9.
Scottish business gateway. “Street trading, markets and fairs, pedlars.” Regulated business. June 12, 2006. https://www.legaleze.co.uk/members/RB_Street_trading.aspx (accessed July 22, 2018).
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