Competition Law - Art 101 & 102 Flashcards Preview

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Flashcards in Competition Law - Art 101 & 102 Deck (45):
1

TEPEA

Agreements between undertakings can be oral or written

2

Transocean Marine Paint

- non-binding decisions by associations of undertakings can be a breach of 101
- here justified because breaking into new markets
- use of rule of reason

3

ICI

example of concerted practices
- parallel behaviour; when ICI raised their prices so did their competitors
- horizontal; between competitors of same size

4

Brasserie de Haecht

- all beer outlets in Belgium tied to certain breweries
- created a barrier so no one else could break in
- did not have the object of affecting competition but did have the effect.

5

test for affecting interstate trade?

- mere potential to prevent/restrict/distort trade it is caught by Art 101(1)
- Maschinenbau

6

Pronuptia de Paris

- exclusion clause for franchising
- distorts normal trade pattern so affects interstate trade

7

Volk v Vervaecke

- sold practically nothing so anti-competitive agreement was de minimis

8

NAOMI

Notice on Agreements of Minor Importance
-less than 10% market share horizontally
-less than 15% market share vertically

9

Art 101(1)(a-e)

hard-core anticompetitive practices

10

Art 101(3)

- positive obligations to fulfil
- negative obligations to obey

11

R330/10

- block exemptions
- only apply to vertical agreements
- in combination can have no more than 30% market share
- no hardcore practices

12

United Brands

- can determine RPM by looking to demand substitutability
- bananas are separate from other fruit
- brand name can help determine RPM
- vertical agreement because UB dominated supply chain
- excessively high pricing where there was no competition

13

Hilti

- nailguns not interchangeable with hammer and nails so separate RPM

14

SSNIP

Small but Significant (5-10%) Non-transitory Increase in Price

15

Continental Cans

- producing cans is easy so easy supply substitutability so market dominance will not last
- part of 1 MS can be a satisfactory RGM

16

Michelin

- look to intended use to determine RPM
- court held their tryres were for a particular use and had a particular RPM
- RGM can be only 1 MS

17

Boosey & Hawkes

look to marketing strategies to determine RPM
- targeted Northern brass bands

18

BPB Industries

look to market power to decide RPM

19

define RGM

Art 102 - common market or a substantial part

United Brands:
- where objective conditions of competition
- applying to the product in question
- are the same for all traders

20

RTE

Radio Television Eire
-look to volume of trade in an area for RGM
-forced to give up monopoly of TV broadcast guides in Ireland

21

Define dominance in the RM

United Brands
- position of economic strength
- which enables it to prevent effective competition
- the power to behave independently

22

Tetrapak

market share can demonstrate dominance in RM - 90%
- Predatory pricing can be abusive behaviour

23

Hoffman-La-Roche

controlling distribution systems can demonstrate dominance in RM

24

Intel

anticompetitive or exploitative actions constitutes abusive behaviour
- loyalty bonuses

25

Commercial Solvents Corp

Refusing to supply competitors constitutes abusive behaviour
- refused to supply them then bought them out when they went bust

26

Microsoft

- supplementary obligations can be abusive behaviour
- here, bundling all Microsoft products together (tie ins)

27

British Leyland

simply having the potential to affect interstate trade is enough to engage Art 102

28

Art 102

Abuse of a dominant position

29

Art 101

bans agreements between undertakings which may affect interstate trade and aim to affect competition

30

What is the enforcement method for anti-competition rules

R1/2003

31

how does the rule of reason relate to Art 101 and 102?

- it is not what companies say or intend in terms of planning concerted practices
- but what they actually do and what the actual effects of their practices are.

32

what does art 101 (3) mean?

101 restrictions do not apply if the agreements do not apply if they enhance competition

33

Hofner

any economic activity = an undertaking

34

World Cup 1990 Package Tours

Italian FIFA is an undertaking because had economic activity

35

Motosykletistiki

not a commercial company but engaged in economic activity so an undertaking

36

Comm v ANIC

- court views agreements, undertakings, concerted practices very widely.
- includes contracts and oral agreements

37

Treuhand v Commission

- a "gentleman's agreement" engages Article 101
- hiding info for a cartel is contributing to anti-competitive practices

38

Tepea

oral agreements can engage 101

39

Bayer

- one company genuinely acting on its own cannot be an anti-competitive practice
- but if the other company is allowing or acquiescing to another company there can be anti-competitive practices

40

Maschinenbau

even mere potential to affect MS trade engages Art 101

41

Consten v Grundig

- distortion of normal trade pattern from electronic goods sales
- exclusive distribution agreements can be a breach if they lead to artificially high prices

42

R1/2003

- enforcement mechanism
- removed individual exemptions
- allowed block exemptions

43

Courage v Crehan

- UK competition law gives way to EU competition law
- tied pub arrangements are anti-competitive

44

B&I v Sealink

- RGM can be tiny
- here port of Holyhead was enough
- what is relevant is the volume of trade within the area

45

Akzo Chemie

- example of predatory pricing