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

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

How is the 'decisions by associations of undertakings' interpreted?

It is being interpreted broadly.

What happens if the decisions by associations of undertakings found to be within Article 101(1)?

The trade association may be liable. Its members may be liable for fines too if they comply with the decision in breach of Article 101(1).

Does 'decision by associations of undertakings' require actual agreement?

No.
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Decision by association of undertakings includes:

  1. The Constitution of a trade association
  2. Agreements entered into by trade association
  3. Non-binding recommendation of a trade association.

NV IAZ International Belgium v Commission

Even a non-binding recommendation from a trade association which was normally followed by its members could constitute a decision within Article 101(1).

Re the Application of the Publishers' Association

The Association's Code of Conduct was found to be considered as a decision of an association of undertakings, despite its non-binding character.

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