General Scheme - Agreements between Undertakings, Decisions by Associations of Undertakings and Concerted Practices - Concerted Practices

6 important questions on General Scheme - Agreements between Undertakings, Decisions by Associations of Undertakings and Concerted Practices - Concerted Practices

What is the purpose of concerted practices?

To catch devious behaviour of some undertakings.

Imperial Chemical Industries Ltd v Commission (Dyestuffs)

A concerted practice is a form of cooperation between undertakings which, without having reached the stage where an agreement properly so-called has been concluded, knowingly substitutes practical cooperation between them for the risks of competition.

Suiker Unie v Commission

"any direct or indirect contact between such operators, the object of effect whereof is either to influence the conduct on the market of an actual or potential competitor the course of conduct which they themselves have decided to adopt or contemplate adopting on the market"
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Shell International Chemical Co Ltd v Commission

GC has held that meeting to exchange information about pricing structures constitutes a concerted practice, as the participants cannot fail to take this information into account when devising their own market strategies.

Cases C-199/92 P Huls

"A concerted practice is caught by Article 101(1) TFEU even in the absence of anti-competitive EFFECTS on the market"

Cases C-199/92 P Huls

There is a rebuttable presumption that "undertakings taking part in the concerted action remaining active on the market after taking account of the information exchange with their competitors for the purpose of determining their contact on the market"

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