Topic 2: Competiton law 2: Antitrust Law in the EU

<p>They are null and void if they alter market equilibrium (D)</p> Signup and view all the answers

<p>It ensures optimal resource allocation without intervention (B)</p> Signup and view all the answers

<p>The law was an unjustifiable measure under EU law. (B)</p> Signup and view all the answers

<p>Measures Equivalent to Quantitative Restrictions (D)</p> Signup and view all the answers

<p>Article 34 (B)</p> Signup and view all the answers

<p>The minimum alcohol content was below 25%. (A)</p> Signup and view all the answers

<p>They should be free to be marketed in any other member state. (B)</p> Signup and view all the answers

<p>It must satisfy mandatory requirements and be proportionate. (C)</p> Signup and view all the answers

<p>It was an acceptable selling arrangement. (D)</p> Signup and view all the answers

<p>A civil servant from the Finnish government. (B)</p> Signup and view all the answers

<p>It must always be applied explicitly to imports only. (B)</p> Signup and view all the answers

<p>Mandatory requirements in the national interest. (B)</p> Signup and view all the answers

<p>Connecting contract acceptance to unrelated supplementary obligations. (A), Limiting production capabilities without mutual consent. (C)</p> Signup and view all the answers

<p>Actions by businesses that may affect competition, even without an explicit agreement. (C)</p> Signup and view all the answers

<p>They are automatically rendered void and ineffective. (B)</p> Signup and view all the answers

<p>If it imposes restrictions necessary for achieving improved production. (D)</p> Signup and view all the answers

<p>Directly or indirectly fixing prices between competitors. (B)</p> Signup and view all the answers

<p>Providing different terms to trading parties without justification. (D)</p> Signup and view all the answers

<p>GOOGLE case regarding market abuse. (D)</p> Signup and view all the answers

<p>EU law produces direct effect and has primacy. (A)</p> Signup and view all the answers

<p>Who can participate in agreements. (A)</p> Signup and view all the answers

<p>They may potentially distort commerce across member states. (D)</p> Signup and view all the answers

<p>Behaviors that impact markets of other member states. (C)</p> Signup and view all the answers

<p>Selling watches in locations with lower rents. (A)</p> Signup and view all the answers

<p>The outcome of such agreements regardless of intent. (A)</p> Signup and view all the answers

<p>It must allow consumers to share in benefits fairly. (C)</p> Signup and view all the answers

<p>Imposing unfair trading conditions (D)</p> Signup and view all the answers

<p>Charging significantly higher prices than the competition (D)</p> Signup and view all the answers

<p>Based on economic analysis of the market uniqueness (A)</p> Signup and view all the answers

<p>Tying and bundling products (B)</p> Signup and view all the answers

<p>All trading rules that can hinder intra-Community trade (B)</p> Signup and view all the answers

<p>Legitimate market justifications (D)</p> Signup and view all the answers

<p>Discounting prices for certain regions selectively (C)</p> Signup and view all the answers

<p>Restrictions on the choice of sales channels (D)</p> Signup and view all the answers

<p>Abuse of market power affecting consumers (A)</p> Signup and view all the answers

<p>Maintaining the quality associated with their trademark (A)</p> Signup and view all the answers

<p>Creating exclusive supply obligations (C)</p> Signup and view all the answers

<p>Obligations unrelated to the subject of contracts (B)</p> Signup and view all the answers

<p>Quantitative restrictions and measures having equivalent effect (C)</p> Signup and view all the answers

<p>Charging significantly lower prices to eliminate competition (D)</p> Signup and view all the answers

Antitrust law aims to ensure a fair and balanced market by preventing artificial manipulation that harms consumers and the market.

The concept of a free market where competition naturally regulates itself, without government interference, is often called the 'Invisible Hand of the Market'.

The Treaty on the Functioning of the European Union (TFEU) contains specific provisions that regulate competition within the EU.

Articles 101 and 102 of the TFEU are the primary EU rules governing competition within the European market.

Article 101 of the TFEU addresses agreements between companies that distort market competition. Such agreements are considered null and void and subject to administrative penalties.

Agreements, decisions, or concerted practices between undertakings that may affect trade between Member States and have the object or effect of preventing, restricting, or distorting competition within the internal market. These practices can include fixing prices, limiting production, sharing markets, or applying dissimilar conditions to equivalent transactions.

The provision of services under different conditions to equivalent trading parties, putting them at a competitive disadvantage. This is typically considered illegal unless justified by economic factors.

Anticompetitive practices are considered automatically void, meaning they lack legal force and are unenforceable. This applies even if there's no formal agreement.

Certain agreements, decisions, or concerted practices may be considered exempt from Article 101's prohibition if they contribute to improving production or distribution, promote technical or economic progress, and ensure consumers benefit fairly, while not leading to the elimination of competition in a significant portion of the market.

EU competition law focuses on practices that may affect trade between Member States, meaning even potential impact is considered.

This principle emphasizes that EU competition law rules have direct effect within national legal systems, meaning they supersede conflicting national laws.

EU competition law applies even if anticompetitive behaviour was not intended, as long as it has the effect of distorting competition.

EU competition law is designed to ensure a fair and competitive market by preventing actions that artificially manipulate the market, potentially harming consumers, businesses, and the overall economy.

The EU Commission has significant power to enforce competition rules, as demonstrated by the Google case, which resulted in substantial fines for a company accused of abusing its market dominance. This highlights the impact and far-reaching authority of EU competition law.

The EU Commission has broad authority to investigate and penalize companies that violate competition rules through fines and other remedies.

Concerted practices involve companies coordinating their actions without explicit agreement. They still violate EU competition law because they can have an anticompetitive effect.

The concept of proportionality in EU competition law means that restrictions imposed by agreements must be necessary and proportionate to achieve the stated objective without unduly hindering competition.

A legal right granted to a plant breeder for their new, distinct, uniform, stable, and commercially exploitable plant variety. This right protects the breeder's rights to control and market the new variety.

A legal right granted to an inventor for a new, inventive, and useful invention. This right protects the inventor's rights to control and market their invention.

A company's legal right to protect its own brand identity by preventing others from using similar names or logos.

A legal practice where a breeder of a plant variety grants a licensee the right to produce, sell, and distribute that variety.

The company that owns the rights to a new plant variety and its genetic technology.

A company that is granted the right by the breeder to sell and distribute the new plant variety.

A company that is appointed by the breeder to market the new plant variety to specific retailers and consumers.

An agreement by which a licensee is obligated to sell the new plant variety only through specific channels, such as designated supermarkets. This can be considered anti-competitive.

An economic practice where one company charges excessively high prices for its products or services, exploiting its dominant position in the market.

A practice where a dominant company sets its prices below cost to eliminate competitors, aiming to gain a monopoly.

A type of price discrimination where a company charges different prices to different customers for the same product or service.

A practice where a supplier refuses to provide a product or service to a particular customer. This can be considered anti-competitive.

A practice where a company forces customers to buy a specific product or service together with another product or service, even if the customer doesn't want it.

A situation where one or more companies have a dominant position in a particular market, allowing them to influence the market in a way that could be harmful to competition.

Any practice by a dominant company that harms competition. Examples include excessive pricing, predatory pricing, discrimination, and refusing to supply.

A legal framework designed to prevent unfair business practices and ensure a fair and balanced market.

A measure that hinders trade between EU member states, potentially limiting the free movement of goods.

The Dassonville case established that even if a measure is applied equally to domestic and foreign products, it can still be an MEQR if it hinders the free movement of goods between EU member states.

The impact of a measure, not just its intention, is crucial for determining if it constitutes a MEQR. Even if a measure is applied equally to domestic and foreign products, it can still be considered an MEQR if it restricts the free movement of goods.

The Court of Justice recognized in the Dassonville case that Member States have the right to create rules that protect consumers, but these rules must be reasonable and cannot be unfair or unjustified.

Cassis de Dijon was a landmark case that established the principle of mutual recognition, which states that goods legally marketed in one EU member state should be free to be marketed in any other EU member state. It strengthens the principle of negative integration in Article 34 of the TFEU.

While the principle of mutual recognition promotes free movement, it can be rebutted if a member state can demonstrate that its measure is necessary to satisfy mandatory requirements such as environmental protection or public health, and it is proportionate.

Measures that regulate the conditions of sale, like restricting shop opening hours or requiring specific packaging, are typically not considered MEQRs if they apply equally to domestic and foreign products.

The Keck case established that selling arrangements are generally not considered MEQRs if they apply equally to domestic and foreign products, differentiating them from product requirements or restrictions on access to the market.