What is the purpose of Article 101 TFEU?
Article 101(1) TFEU prohibits any agreements between undertakings, decisions made by associations of undertakings, or concerted practices affecting trade between EU countries which could prevent, restrict or distort competition.
What is the difference between Article 101 and 102 TFEU?
Article 101 prohibits anti-competitive agreements between two or more independent market operators. Article 102 prohibits abusive behaviour by companies holding a dominant position on any given market.
What does Article 101 Prohibit?
Article 101 prohibits agreements that have as their object or effect the restriction, prevention or distortion of competition within the EU and which have an effect on trade between EU member states.
Is Article 101 TFEU effective?
Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) are a matter of public policy and should be applied effectively throughout the Union in order to ensure that competition in the internal market is not distorted.
What is the effect of a breach of Article 101 TFEU?
Third parties who have suffered loss as a result of action which breaches Article 101 can bring private damages actions before national courts. Any agreement that infringes Article 101 will be automatically void. Therefore, it is not possible to rely on such a provision to sue the other party to the agreement.
What does Article 102 Prohibit?
Article 102 of the Treaty on the Functioning of the European Union (TFEU) prohibits abusive conduct by companies that have a dominant position on a particular market.
What does Article 102 TFEU prohibit?
What is competition compliance?
Prevention is always better than having to find a cure. Making sure commercial behaviors are compliant with antitrust laws is essential for all businesses. An effective compliance policy must be tailored to the unique risks your company faces, and it… …
What are structural competition problems?
Structural competition problems are those which relate to market characteristics that may have an adverse effect on competition or result in inefficient market outcomes, such as higher prices, lower quality, less choice and innovation.
What is an undertaking under Article 102 of the Treaty on the Functioning of the European Union?
Article 102 of the Treaty on the Functioning of the European Union (formerly Article 82 of the Treaty establishing the European Community) is aimed at preventing undertakings who hold a dominant position in a market from abusing that position. It is the second key provision, after Article 101, in TFEU competition law.
What effects do cartels have?
They create market power, waste and inefficiency in countries whose markets would otherwise be competitive. How much harm is caused by cartels? Cartels harm consumers and have pernicious effects on economic efficiency. A successful cartel raises price above the competitive level and reduces output.
What is the purpose of Article 102 TFEU?
What is the purpose of Article 101 of the TFEU?
Article 101 of the Treaty on the Functioning of the European Union (TFEU) prohibits any agreements or cartels between Member States that could disrupt free competition within the internal market. It was introduced as part of the EU’s general anti-trust rules to prohibit ‘any agreement or concerted practice which is…
What does Article 101 of the European Union prohibit?
Article 101(1) of the Treaty on the Functioning of the European Union prohibits: All agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which have as their object or effect the prevention,…
What is the definition of an undertaking in the TFEU?
The TFEU does not actually define the term ‘undertakings’, but this has been interpreted broadly to include natural and legal persons engaged in commercial activity for the provision of goods and services. Anti-competition arrangements sometimes operate within cartels on the basis of agreements.
What was the main change made by Article 101?
[6] The main legal change that was made by Article 101 was the prohibition that was placed on anti-competitive agreements, including price fixing. It is provided under Article 101 (2) that such agreements would automatically be void for distorting free competition within the internal market.