What is the purpose of Article 101 TFEU?

Article 101(1) TFEU prohibits any agreements between undertakings, decisions made by associations of undertakings, or concerted practices affecting trade between EU countries which could prevent, restrict or distort competition.

Is Article 101 TFEU effective?

Article 101 TFEU is currently not being enforced effectively against restrictions of competition by effect.

What is the difference between Article 101 and 102 TFEU?

Article 101 prohibits anti-competitive agreements between two or more independent market operators. Article 102 prohibits abusive behaviour by companies holding a dominant position on any given market.

What is the effect of a breach of Article 101 TFEU?

Third parties who have suffered loss as a result of action which breaches Article 101 can bring private damages actions before national courts. Any agreement that infringes Article 101 will be automatically void. Therefore, it is not possible to rely on such a provision to sue the other party to the agreement.

Does Article 101 have direct effect?

Articles 101 and 102 TFEU produce direct effects in relations between individuals and create, for the individuals concerned, rights and obligations which national courts must enforce.

Does Article 101 TFEU apply to unilateral conduct?

Unilateral conduct: Article 101(1) TFEU requires the involvement of two or more ‘undertakings’ and therefore does not apply to purely unilateral conduct.

What are some exemptions from Article 101?

Article 101(1) TFEU prohibits agreements that may affect trade between EU countries and which prevent, restrict or distort competition. However, agreements which create sufficient benefits to outweigh the anti-competitive effects are exempt from this prohibition under Article 101(3) TFEU.

How did the Court of Justice define an anticompetitive agreement according to Article 101 TFEU?

The main legal change that was made by Article 101 was the prohibition that was placed on anti-competitive agreements, including price fixing. It is provided under Article 101(2) that such agreements would automatically be void for distorting free competition within the internal market.

Does Article 101 TFEU require a coordinated conduct?

Article 101 TFEU applies to joint, coordinated conduct understood in a broad sense to catch agreements, decisions by associations of undertakings, and concerted practices.

Which of the following is involved for assessment under Article 101?

Any assessment under Article 101 consists of two parts. The first step is to assess under Article 101 (1) whether an agreement has an anti- competitive object or actual (or potential) anti-competitive effects.

What assessment does Article 101 3 TFEU entail?

According to the first condition of Article 101 (3), the restrictive agree- ment must contribute to improving the production or distribution of goods or to promoting technical or economic progress. This provision defines types of efficiency gains that can be taken into account.