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

  1. Proper functioning of the internal market
    1. competition law is about private companies raising barriers to the internal market
  2. open market economy
  3. enhancing of efficiency and optimal allocation of resources
  4. consumer welfare
  5. protection of the structure of the market and competition as such
  6. innovation

Rules addressed to undertakings

  1. Rules on cartels (101 TFEU)
  2. rules on abuse of a dominant position (102 TFEU)
  3. rules on mergers and acquisitions (Reg. 139/2004)

Rules addressed to member states

  1. Rules on public undertakings and undertakings granted special or exclusive rights (106 TFEU)
  2. rules on state aid (107/108 TFEU)
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Difference agreement and concerted practice

Agreement: consensus is necessary
Concerted practice: does not reach the state of an agreement

''Object restriction'' factors

  1. Sufficient degree of harm to competition
  2. the content ofthe provisions of the contract, he objectives pursued and the economic an legal context must be examined

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