Anti-competitive agreements cases and facts Flashcards
(43 cards)
Article 101
Prohibits anti-competitive agreements, decision and practices. Such agreements are void in law
R1/2003
Companies can no longer go to competition commission to check whether agreement is anti-competitive
Notice on Agreement of Minor Importance (NAOMI)
Legislation for defence of de minimis
Comm Recommendation on Micro, Small and Medium Sized Enterprises
So small not affecting market, allowed leeway in terms of anti-competitive rules.
Hofner & Else
Undertaking means any economic activity (broad)
World Cup 1990 Package Tours
Fifa and Italian FA are undertakings under Art 101
Motosykletistiki
Dealt with motor-cross racing, were not commercial company but had important rights, so were undertaking
Whether article 101 is engaged is a question of 3 elements;
- Collusion
- Inter-state trade
- Object or effect of prevention, restriction or distortion of competition
What are the 3 forms of collusion?
Agreements, decision and concerted practices
Comm v ANIC
Wide definition, contracts, oral agreements are all agreements for purposes of article 101
Treuhand v Comm
Even gentleman’s agreements covered under article 101. Even though not part of cartel, consultancy to cartel, however still anti-competitive as hiding evidence of cartel.
Tepea v Comm
Oral and written agreements
Hercules CHemicals v Comm
Gentlemans agreements fall under art 101
Bayer v Comm
What if just one party? If genuinely 1 company then won’t be anti competitive, but if one company being anti-competitive and other acquiescing, still anti-competitive
Anic Partecipazioni
EC doesnt need to establish whether it is Art 101(1) or Art 101(2) breach
Vereniging v Comm
Even organisation which produces non-binding recommendations fall under 101
Transocean Marine Paint Association
Recommended to members that territories split up and don’t compete with each other. Court held this was fine as it was a niche product, so most important thing was that the product was available in territories, then competition would be worried about. (rule of reason approach)
ANSEAU/NAVEWA
Decision by trade association that goods distributed exclusively under common label is decision under Art 101(1)
Dyestuffs
Concerted practices definition; A form of coordination between undertakings which, without having reached the stage where an agreement properly so-called has been concluded, knowingly substitutes cooperation between them for the risks of competition
ICI Ltd v Commission
Raised prices based on raw materials, but no actual change in raw materials, just a concerted practice
Ahlstrom (Woodpulp Cartel)
Group of companies producing woodpulp. Accused of CP but found not guilty as genuine rise in raw materials and transport costs.
STM v Maschinebau
Mere potential to affect inter-MS trade (warned against anti-competitive behaviour in the future)
Consten v Grundig
Made radio and TVs. Consten French group of shops. Exclusive distribution agreement between Consten and Grundig. This creates lack of choice and artificially high product, depending on demand. The courts look at the effect on the consumer, if negative effect then may be anti-competitive, if no then may be allowed
Pronuptia de Paris
When franchise taken up prohibits setting up of other companies using franchise within a certain geographical distance. However court allowed this as rule of reason means that this product is getting into a new area.
