EU COMPETITION LAW - General Scheme
5 important questions on EU COMPETITION LAW - General Scheme
What is a horizontal agreement?
What if there is no effect of restriction on competition between MS?
***Thus, there is a jurisdictional boundary between EU law and national law when it comes to whether the decision of undertakings/an association of undertaking/concerted practice has effect between MS.
Societe Technique Miniere v Maschinenbau Ulm GmbH (case 56/65)
Held: An agreement was capable of affecting trade between MS if, on the basis of objective legal or factual criteria, it allows one to expect that it will exercise a direct or indirect, actual or potential, effect on the flow of trade between MS.
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Case C-501/06 P GlaxoSmithKline
O2 (Germany) GmbH (case T-328/03)
Q: What would have happened in the absence of agreement?
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