Article 101

Article 101

1. undertaking

   • not defined anywhere in the Treaty
     • “…a single organisation of personal, tangible and intangible elements, attached to an autonomous legal entity and pursuing a long term economic aim.
       • Mannesmann v High Authority (1962)
   • some form of economic activity
   • restrictive practices
   • Restrictive practices which can affect trade between member states must be tested by the competition authorities and the national courts of law agains

2. 3 key elements

   • • The types of agreement that are prohibited
   • • The effect on inter-state trade
   • • The meaning of “object or effect of preventing , distorting or restricting competition.

3. 3 distinct types of agreement or restrictive practice

   • • Agreements between undertakings
   • • Decisions by associations of undertakings
   • • Concerted practices (hidden agreements).

4. 3 main objectives

   • • Efficiency
   • • Protection of both consumers and small businesses
   • creation of the Single Market.

5. basis of EU Competition Law

   •  Article 2 EC Treaty
     • Article 3(g)

6. 3 rules

   • • To avoid the possibility of restrictive practices and agreements
   • • To prevent large businesses from abusing their economic dominance in the market
   • • To ensure that, within certain limits, the public sector observes the same rules

7. Wilhelm v Bundeskartellamt (Case 23/67) [1969]

   • German Cartel