• Wrong document? Swap it for free
  • Written by students who passed
  • Immediately available after payment
  • Read online or as PDF
Sell
Where do you study
Your language
Document preview thumbnail
Preview 1 out of 30 pages
Summary

Summary Control of Anticompetitive Agreements

Document preview thumbnail
Preview 1 out of 30 pages

Article 101 TFEU General Prohibition – Article 101(1) The Hard-Core Restrictions Article 101(2) Article 101(3): Exceptions Block Exemptions Vertical Agreements Block Exemption Regulation Vertical Agreements Block Exemption Regulation (VABER) Hard-Core Restraints Undertaking Single Economic Unit (Entity) Agreement Concerted Practice Effect on Interstate Trade Prevention, Restriction or Distortion of Competition Ancillary Restraints De Minimis Principle

Content preview

Control of Anticompetitive Agreements
Article 101 TFEU:
 Control of agreements inflenced by general goals of EU i.e. market
integration imperative, than rules on control of dominant
undertakings.
 Possible for undertakings to reach monopoly position by agreeing
with their competitors that they sholld not compete.
 Parties to the agreement, forming a cartel, will have a monopoly
position in a market.
 Development of Article 101 TFEU, observable tensions between desire to
promote market integration on the one hand + to improve economic
efficiency on the other.
 Market integration seems to have been preferred.
 Article 101 TFEU is designed to prohibit agreements that restrict
competition.
 Self-evident in blatant breaches of CL involving horizontal price-fxing
and market sharing beyond those many types of agreement which are
less obviols are problematic.
 Distinction between horizontal agreements, which are between
blsinesses operating on diferent levels of the market and vertical
agreements which are between blsinesses operating on diferent levels of
the market.
 Horizontal agreements are more likely to threaten competition as
they involved two parties who wolld normally compete with each other.
 Whereas, vertical agreements are less likely to raise direct
competition concerns, as the parties do not directly compete with each
other.
 First paragraph of Article 101 TFEU lays down prohibition and 3rd set
out an exception to the prohibition if certain criteria are met.
 Article 101(2) sets olt the consequences if the prohibition is
breached.
 Two Aspects:
o General Prohibition.
o A list of “hard core” violations.

General Prohibition – Article 101(1):
 The following shall be prohibited as incompatible with the internal market:
all agreements between undertakings, decisions by associations of
undertakings and concerted practices which may afect trade
between Member States and which have as their object or efect the
prevention, restriction or distortion of competition within the
internal market, and in particllar …
 Inclldes indicative list of type of agreement which may be covered.
 COJ and Commission have given the Article a wide interpretation,
encapsulating many types of collusive or cooperative behaviour.
The Hard-Core Restrictions:

Document information

Study
Uploaded on
June 3, 2018
Number of pages
30
Written in
2017/2018
Type
Summary
$5.44

Wrong document? Swap it for free Within 14 days of purchase and before downloading, you can choose a different document. You can simply spend the amount again.
Written by students who passed
Immediately available after payment
Read online or as PDF

Seller avatar
Reputation scores are based on the amount of documents a seller has sold for a fee and the reviews they have received for those documents. There are three levels: Bronze, Silver and Gold. The better the reputation, the more your can rely on the quality of the sellers work.
MarkC57
4.3
(102)
Sold
66
Followers
49
Items
231
Last sold
1 year ago




Why students choose Stuvia

Created by fellow students, verified by reviews

Quality you can trust: written by students who passed their tests and reviewed by others who've used these notes.

Didn't get what you expected? Choose another document

No worries! You can instantly pick a different document that better fits what you're looking for.

Pay as you like, start learning right away

No subscription, no commitments. Pay the way you're used to via credit card and download your PDF document instantly.

Student with book image

“Bought, downloaded, and aced it. It really can be that simple.”

Alisha Student

Working on your references?

Create accurate citations in APA, MLA and Harvard with our free citation generator.

Working on your references?

Frequently asked questions