Article 101

Article 101

undertaking
1. not defined anywhere in the Treaty
  1. “…a single organisation of personal, tangible and intangible elements, attached to an autonomous legal entity and pursuing a long term economic aim.
    1. Mannesmann v High Authority (1962)
2. some form of economic activity
3. restrictive practices
4. Restrictive practices which can affect trade between member states must be tested by the competition authorities and the national courts of law agains
3 key elements
1. • The types of agreement that are prohibited
2. • The effect on inter-state trade
3. • The meaning of “object or effect of preventing , distorting or restricting competition.
3 distinct types of agreement or restrictive practice
1. • Agreements between undertakings
2. • Decisions by associations of undertakings
3. • Concerted practices (hidden agreements).
3 main objectives
1. • Efficiency
2. • Protection of both consumers and small businesses
3. creation of the Single Market.
basis of EU Competition Law
1.  Article 2 EC Treaty
  1. Article 3(g)
3 rules
1. • To avoid the possibility of restrictive practices and agreements
2. • To prevent large businesses from abusing their economic dominance in the market
3. • To ensure that, within certain limits, the public sector observes the same rules
Wilhelm v Bundeskartellamt (Case 23/67) [1969]
1. German Cartel

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