Law 5110 Study Guide - Quiz Guide: Price Fixing, Leather, European Union Competition Law
Document Summary
Commission would make an assessment on undertaking whether it falls under exemptions. Consequence of object of restriction of competition prohibited. 101(3) ~ non-exhaustive list + regulation 330/2010 - hardcore restrictions. No need to check effect when object is proven. Other elements: more than one undertaking; collusive behaviour/ anti-competitive conduct (agreement, decisions of association of undertakings, concerted practices); object/ effect of restricting competition; effect on trade between ms = internal market. Examples: price fixing between 2 or more undertakings; agreement on partition of the market (in specific geographical area, only one undertaking provides its goods/ services and the other one in another area) ~ less competition in those areas. All economic operators have to operate in the whole eu creating an internal market. Only when agreement does not have the object of restricting competition. Counterfactual analysis (delimitis v henninger brau: define relevant market, how is the market with the alleged restriction, compare with the situation without the alleged restriction.
