Introduction to EU competition policy and general concepts - restrictive agreement I
5 important questions on Introduction to EU competition policy and general concepts - restrictive agreement I
Goals of competition law and policy
- Proper functioning of the internal market
- competition law is about private companies raising barriers to the internal market
- open market economy
- enhancing of efficiency and optimal allocation of resources
- consumer welfare
- protection of the structure of the market and competition as such
- innovation
Rules addressed to undertakings
- Rules on cartels (101 TFEU)
- rules on abuse of a dominant position (102 TFEU)
- rules on mergers and acquisitions (Reg. 139/2004)
Rules addressed to member states
- Rules on public undertakings and undertakings granted special or exclusive rights (106 TFEU)
- rules on state aid (107/108 TFEU)
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Difference agreement and concerted practice
Concerted practice: does not reach the state of an agreement
''Object restriction'' factors
- Sufficient degree of harm to competition
- the content ofthe provisions of the contract, he objectives pursued and the economic an legal context must be examined
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