Podcast
Questions and Answers
What must be demonstrated for a policy to qualify for exemption under Article 101(3) TFEU?
What must be demonstrated for a policy to qualify for exemption under Article 101(3) TFEU?
Which type of agreement involves companies at the same level in the market?
Which type of agreement involves companies at the same level in the market?
What does the burden of proof lie on regarding the agreements under Article 101 TFEU?
What does the burden of proof lie on regarding the agreements under Article 101 TFEU?
Which of the following best represents a vertical agreement?
Which of the following best represents a vertical agreement?
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Which statement is true regarding tacit agreements or acquiescence in competition law?
Which statement is true regarding tacit agreements or acquiescence in competition law?
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What is the primary concern with horizontal agreements?
What is the primary concern with horizontal agreements?
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Under what condition can an exemption under Article 101(3) be justified?
Under what condition can an exemption under Article 101(3) be justified?
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Which of these practices is often scrutinized under competition law for potentially leading to competitive harm?
Which of these practices is often scrutinized under competition law for potentially leading to competitive harm?
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Which of the following actions can be considered an abuse of a dominant position under Article 102 TFUE?
Which of the following actions can be considered an abuse of a dominant position under Article 102 TFUE?
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What differentiates Article 102 from Article 101 in terms of behavior?
What differentiates Article 102 from Article 101 in terms of behavior?
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Under which conditions can both Articles 101 and 102 apply to the same facts?
Under which conditions can both Articles 101 and 102 apply to the same facts?
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Which of the following constitutes a potential legal justification for actions taken under competition law?
Which of the following constitutes a potential legal justification for actions taken under competition law?
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Which of the following is NOT recognized as a legally exempted abuse of a dominant position?
Which of the following is NOT recognized as a legally exempted abuse of a dominant position?
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What could be a potential outcome of engaging in tying and bundling practices?
What could be a potential outcome of engaging in tying and bundling practices?
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Which of the following describes competitive harm theory?
Which of the following describes competitive harm theory?
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What liability do cartel participants face under Directive 2014/104/EU?
What liability do cartel participants face under Directive 2014/104/EU?
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Which condition must be demonstrated for an agreement to be exempted under Article 101(3) TFEU?
Which condition must be demonstrated for an agreement to be exempted under Article 101(3) TFEU?
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What is the primary purpose of identifying efficiencies in the context of Article 101(3) TFEU?
What is the primary purpose of identifying efficiencies in the context of Article 101(3) TFEU?
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Which of the following best describes the 'indispensability' condition in Article 101(3) TFEU?
Which of the following best describes the 'indispensability' condition in Article 101(3) TFEU?
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In assessing consumer pass-on benefits, what is a crucial factor regarding the agreement?
In assessing consumer pass-on benefits, what is a crucial factor regarding the agreement?
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Which of the following statements is true regarding agreements under a Block Exemption Regulation (BER)?
Which of the following statements is true regarding agreements under a Block Exemption Regulation (BER)?
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What does the term 'competitive harm theory' primarily address in competition law?
What does the term 'competitive harm theory' primarily address in competition law?
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In the evaluation of agreements, what comparison is essential to assess the 'no elimination of competition' condition?
In the evaluation of agreements, what comparison is essential to assess the 'no elimination of competition' condition?
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Which aspect contributes to qualifying for efficiencies under Article 101(3) TFEU?
Which aspect contributes to qualifying for efficiencies under Article 101(3) TFEU?
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Study Notes
Competition Law: Introduction
- Competition law aims for fair market competition, preventing monopolies, price-fixing, and cartels,
- It ensures consumers have a variety of goods and services at fair prices.
- Back in the 80's, consumers had fewer options but now there is more competition in the market
- Competition motivates companies to improve and lower prices, improving economic welfare,
- Competition law is concerned with market optimal functioning.
Underlying Economic Rationale
- Competition law ensures undertakings do not distort competition, optimizing market function.
- Perfect competition is the ideal, where many undertakings compete with few restrictions.
- Monopoly is on the opposite side of the spectrum, where one undertaking controls the market.
Main Fields of EU Competition Law
- Agreements, including cartels,
- Agreements that restrict competition are void unless they produce economic efficiencies
- Cartels are the most critical infringements.
- Abuses of dominant position
- Unilateral, market-power conduct.
- Control of concentrations
- State aid and foreign subsidies
- Regulates public grants to undertakings, preventing market distortions.
Control of Concentrations
- Competition authorities review mergers and acquisitions to ensure they do not harm competition.
- Concentrations (mergers) are not completed in the EU until cleared by the competition authority
- Fines for violations can result from these actions.
State Aid and Foreign Subsidies
- Pubic bodies’ subsidies and grants.
- These are checked to prevent distortions by the EU competition authority
Hierarchy of Norms in the EU
- The Treaty on the Functioning of the European Union (TFEU) is the primary legislation in the EU, dealing with competition law with articles 101-109
- Secondary legislation (regulations, directives etc) follows the TFEU
Institutions
- EU level institutions like the European Parliament, Council of Ministers, and the European Commision hold roles in lawmaking and enforcement.
- National Competition Authorities are present in each member state of the EU.
Basic Concepts
- Undertaking: encompasses entities involved in economic activity (regardless of legal status or finance).
- Market definition: Relevant geographical (area where competition occurs). Relevant product market (products viewed as interchangeable or substitutable based on pricing and function).
- Competition Laws: differentiate inter-brand and intra-brand competition, as well as actual and potential competition.
Session 2: Agreements
- Article 101(1) : prohibits agreements that restrict competition, unless exempted.
- Article 101(3) : exemptions for agreements that produce positive effects out weighing their negative effects.
- Example: manufacturers agreeing to develop joint eco-friendly solutions complying with EU regulations to meet environmental compliance.
Session 4: Cartels
- Cartels are the most serious infringements in competition law, causing considerable damage to consumers.
- Statistics on fines, damages cases and other information in case of infringement are available on the Commission's site.
Session 5-6: Abuse of Dominant Position
- Article 102 prohibits abusive conduct of dominat undertakings.
- Dominating companies must respect the competitive market and avoid exploitative uses of their dominance.
- Factors to determine dominat position: market shares, potential competition and countervailing buyer power.
- Types of abuses: price fixing, discriminatory pricing, refusals to deal and tying (bundling).
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Description
This quiz provides an overview of competition law, highlighting its significance in ensuring fair market practices and preventing monopolies. It discusses the economic rationale behind competition laws, the ideal of perfect competition, and key areas of focus in EU competition law. Test your understanding of how competition impacts the economy and consumer welfare.
