Law Essay Competition Uk 2011

Law Essay Competition Uk 2011-8
The expressions contained within Article 101 (agreement and concerted practice) were also given a broad meaning so that agreements outside of the internal market could also fall within the scope of the Article if there was a possibility that the internal market could be affected by the agreement or concerted practice.

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Therefore, if there is a possibility of trade moving across borders then this will be sufficient enough to fall within the ambit of Article 101.

Aims of Article 101 TFEU The main aim of Article 101 is to provide redress to those affected by any restrictions that are placed on free competition within the internal market.

Aims of Article 102 TFEU The aim of Article 102 was to ‘protect competition on the market as a means of enhancing consumer welfare and of ensuring an efficient allocation of resources.’ Although the provisions of Article 102 were contained within the original EEC Treaty (Treaty of Rome), these new provisions sought to clarify and modernise the law within this area so that the protection afforded to consumers was being more easily recognised.

when it was pointed out that the primary function of Article 102 is to ‘prevent competition from being distorted to the detriment of the public interest, individual undertakings and consumers, thereby ensuring the well-being of the European Union.’ Article 102 was, therefore, introduced so that the perceived threat to competition that was posed by those holding a dominant position within the market was capable of being combatted.

An example of this case be seen in the case where rules of a glass manufactures association with a trader who was involved in fixed-pricing was deemed to fall within the scope of Article 101.

Therefore, it is not just obvious restrictions that will be caught by the Act but even those were there would be a possibility of unfair competition taking place.

It is provided under Article 101(2) that such agreements would automatically be void for distorting free competition within the internal market.

This was a significant change as competing undertakings are being made to determine their conduct and pricing independently.

Still, provided that the objectives of Article 102 are always being adhered, free competition will be maintained.

Commission Guidelines on the application of Article 81(3) [now Article 101 (3) of the Treaty (Art 101 (3) Guidelines) (OJ [2004] C101/97, para 13 European Commission.


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