What Does Article 101 Prohibit?

What are the two prohibitions of competition law?

UK and EU competition law prohibit two main types of anti-competitive activity: anti-competitive agreements (under the Chapter I / Article 101 prohibitions); and.

abuse of a dominant market position (under the Chapter II / Article 102 prohibitions)..

What is a Statement of Objections European Commission?

A Statement of Objections is a formal step in Commission investigations into suspected violations of EU antitrust rules. The Commission informs the parties concerned in writing of the objections raised against them.

Is third line forcing illegal?

The current law provides that third line forcing is per se prohibited, meaning that it is prohibited no matter what its effect on competition. Under the Bill, third line forcing will only be prohibited where it has the purpose, effect or likely effect of substantially lessening competition.

What are examples of concerted practices?

Examples of risky concerted behaviour include:sharing with your competitors pricing and competitively sensitive information and data (eg. … signalling to your competitors the timing or size of future price increases or reductions in discounts;More items…•Oct 11, 2018

What are the three major antitrust laws?

The three major Federal antitrust laws are:The Sherman Antitrust Act.The Clayton Act.The Federal Trade Commission Act.Jan 5, 2017

What does Article 101 TFEU prohibit?

Article 101 of the Treaty on the Functioning of the European Union (TFEU) prohibits agreements between companies which prevent, restrict or distort competition in the EU and which may affect trade between Member States (anti-competitive agreements). These include, for example, price-fixing or market-sharing cartels.

Who enforces EU competition law?

Under this Article, the European Commission is charged with the duty of ensuring the application of Articles 101 and 102 TFEU and of investigating suspected infringements of these Articles. The European Commission and national competition authorities have wide on-site investigation powers.

What is a concerted practice?

The concept of concerted practices refers to undertakings that knowingly engage in collusive behaviour to reduce uncertainty in the market. In contrast to an agreement, such collusive behaviour does not require the participants to adhere to a common plan that defines their actions in the market.

Is price fixing illegal?

When competitors agree to restrict competition, the result is often higher prices. Accordingly, price fixing is a major concern of government antitrust enforcement. A plain agreement among competitors to fix prices is almost always illegal, whether prices are fixed at a minimum, maximum, or within some range.

Who does competition law apply?

This mainly applies to businesses that have a large market share, usually 40 per cent or more. Other factors taken into consideration in determining whether a company is dominant include the number and size of competitors and customers and whether new businesses can easily set up in competition.

What is the general block exemption regulation?

The General Block Exemption Regulation (GBER) contains 26 measures which can be used to provide lawful State Aid without going through the normal notification and approval processes. It was published by the European Commission in 2008 with the aim of consolidating and simplifying existing State Aid regulations.

What does Article 102 Prohibit?

Article 102 of the Treaty on the Functioning of the European Union (TFEU). This prohibits any abuse by one or more undertakings of a dominant position within the internal market or in a substantial part of it, as incompatible with the internal market in so far as it may affect trade between EU member states.

What is a block exemption competition law?

Block exemption: as a general rule, under EU competition law, agreements between companies which may be detrimental to trade and intentionally restrict or distort competition are prohibited.

What is exclusive deal?

Broadly speaking, exclusive dealing occurs when one person trading with another imposes some restrictions on the other’s freedom to choose with whom, in what, or where they deal. Exclusive dealing is against the law only when it substantially lessens competition.

What is dominance abuse?

Abuse of a dominant position occurs when a dominant firm in a market, or a dominant group of firms, engages in conduct that is intended to eliminate or discipline a competitor or to deter future entry by new competitors, with the result that competition is prevented or lessened substantially.

What is exploitative abuse?

Exploitative abuses under EU competition law In particular, Article 102 TFEU provides that an abuse may consist of “directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions,” for example, through excessively high prices.