Commission Regulation 330/2010 of 20 April 2010 on the application of Article 101 (3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices. Scope, B. Article 101 (1) TFEU (ex Article 81 EC, ex Article 85 EC) “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 affect trade … What will this guide cover? Undertakings. … The titles under which the paper is structured are as follows:: 1.Introduction, A. undertakings » and « concerted practices ».
When such a case arises, the key issue is the burden of proof. Press release – Frequently asked questions.
The language used in Article 101 TFUE is very broad; Haunted by the memories of the Rhur « kartells », as well as influenced by US antitrust experts, the founding fathers sought to ensure that, in order to enforce their anti-cartel policy, the competition authorities would not
This chapter discusses Article 101(1) of the Treaty on the Functioning of the European Union (TFEU), which prohibits agreements, decisions by associations of undertakings and concerted practices that restrict competition. The term "undertaking" is a Eurospeak word for any person(s) or firms in an enterprise, and is used to describe those "engaged in an economic activity". This Regulation will enter into force on 1 June 2010. Article 101 TFEU applies if: - there is an agreement, a decision by an association of undertakings or a concerted practice; - any of these types of conduct has the purpose or the effect of preventing, restricting or distorting competition within the EU market; Concerted Practices Scope and the Burden of Proof This paper aims to identify the scope of Article 101 TFEU, in respect to concerted practices. This guide looks at Chapter I prohibitions, this is a prohibition on agreements and concerted practices.
The Competition Act 1998 (CA98) contains two main prohibitions the content of which is consistent with the application of Article 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). Article 101 TFEU does not specifically ban cartels, instead declaring as illegal all "agreements, decisions and concerted practices" which are anti-competitive and which distort the single market. Official Journal L 102, 23.4.2010, p.1-7. The Court of Justice (ECJ) finds that the existence of a concerted practice under Article 101 TFEU may be presumed in case of dispatching an email (of which the addressees are aware) concerning restrictions of trading on a common digital platform, unless the …
It begins by explaining the terms ‘undertakings’ and ‘associations of undertakings’. Abstract.