73045
EU: Competition
- Arts 101
- Undertakings defined by ECJ
- High Authority
- Definition: wide term, almost anythging of
legal capacity that is engaged in an economic
activity
- Definition: wide term, almost anythging of
legal capacity that is engaged in an economic
activity
- Bosman: may include public body if it
exercise economic activity
- High Authority
- Character of prohibited agreements
- Agreement between undertakings
- 1- carry with it some form of collusion,
- 2- the agreement must be collusive
- 3- This is to distinguishing from unilateral acts
- Tepea : include informal, oral arrangement
- 1- carry with it some form of collusion,
- Ddecision of an association of undertakings
- Example: fixing prices, requiring specific discounts, requiring collective boycotts
- Unilateral policy: need to prove “tacit acquiescence” (implicit consent) of other
party (Bayer case)
- Thus: unilateral conduct + tacit acquiescence = agreement
- Example: fixing prices, requiring specific discounts, requiring collective boycotts
- Concerted practice
- KEY: it is more disguised or hidden and is generally informal.
- Dyestuffs (1972): it is not a contract yet, also not yet an obliged
agreement that parties must follow, but its mutual understanding of
the parties, and they follow it in practice.
- ICI case: 'oligoply': means the majority of a market is controlled by a
few undertaking rather than a single body
- KEY: it is more disguised or hidden and is generally informal.
- Type of agreements
- Horizontal
- Vertical
- Horizontal
- Agreement between undertakings
- Undertakings defined by ECJ
- The effect on trade between MS
- Art 101 states that the “agreement may affect trade between MS”
- Art 101 states that the “agreement may affect trade between MS”
- AIMS:
- avoid the possibility of restrictivepractices and agreements
- prevent large business from abusing their economic dominance in the market
- to ensure that, within the certain limits, the public sector observes the same rules
- avoid the possibility of restrictivepractices and agreements
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