Competition Law Quiz

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Questions and Answers

What is the primary legal basis referenced in the preliminary ruling?

Council Regulation (EC) No 1/2002

Article 82 EC

Council Regulation (EC) No 1/2003 (correct)

Article 80 EC

Which of the following entities provided legal representation in this matter?

Siemens AG Österreich (correct)

Samsung Electronics

Northrop Grumman

General Electric

What aspect of competition law is particularly discussed in the judgment?

Article 81 and 84 of the EC Treaty

Rules on anti-competitive agreements (correct)

Implementation rules on merger control

Regulations on market dominance

Which government agency acted as agents for the Czech Government?

Úřad pro ochranu hospodářské soutěže (C) Signup and view all the answers

At which sitting was the Opinion of the Advocate General given?

8 September 2011 (C) Signup and view all the answers

Which company was represented by advokát M.Nedelka?

Siemens AG (C) Signup and view all the answers

What is the primary focus of Article 81 EC as referenced in the judgment?

Prohibition of anti-competitive agreements (A) Signup and view all the answers

What does the Commission Notice emphasize within the context of competition authorities?

Cooperation amongst competition authorities (A) Signup and view all the answers

What is prohibited under Article 3(1) of the Law on the Protection of Competition?

Agreements between competitors that distort competition (A) Signup and view all the answers

Until what date did the provisions of Article 3(1) of Law No 143/2001 Sb. remain unchanged?

30 June 2001 (C) Signup and view all the answers

What was the international cartel mentioned in the case primarily concerned with?

Gas insulated switchgear (B) Signup and view all the answers

Who imposed fines on the undertakings involved in the GIS cartel?

The Commission and the Úřad pro ochranu hospodářské soutěže (B) Signup and view all the answers

When did the Commission inform the Úřad pro ochranu hospodářské soutěže about the intended proceeding regarding the cartel?

30 September 2004 (B) Signup and view all the answers

Which articles did the Commission base its proceedings for imposing fines on in 2006?

Article 81 EC and Article 53 of the EEA Agreement (B) Signup and view all the answers

What aspect of competition did the administrative procedure at EU level concern?

Activities carried out in the EU before 1 May 2004 (D) Signup and view all the answers

What is one possible outcome described for agreements that restrict competition?

They may be exempted by the ministry of Competition (D) Signup and view all the answers

What does Article 16(2) of Regulation No 1/2003 specify about national authorities?

They may intervene only after the Commission. (B) Signup and view all the answers

Under what condition can national competition authorities apply their national law?

Provided they comply with EU law requirements. (A) Signup and view all the answers

Which of the following best describes the scope of Article 16(2) of Regulation No 1/2003?

It covers all decisions made by the Commission under Regulation No 1/2003. (D) Signup and view all the answers

What happens to the power of national competition authorities after a proceeding initiated by the Commission is concluded?

It is restored back to the national authorities. (C) Signup and view all the answers

How do EU law and national law on competition operate in relation to each other?

They apply in parallel. (D) Signup and view all the answers

What is the primary purpose of allowing a competition authority to suspend or close a case?

To facilitate collaboration between authorities handling similar cases. (C) Signup and view all the answers

What is a misconception about the application of national competition law by authorities?

National authorities are prohibited from applying their competition law under any circumstances. (A) Signup and view all the answers

What does Regulation No 1/2003 allow regarding EU competition law and national legislation?

Both EU and national competition laws can be applied to the same case. (A) Signup and view all the answers

How should cases be generally handled according to the provided regulations?

By the authority most appropriate for the case. (B) Signup and view all the answers

In cases where a cartel or abuse of dominant position affects trade between Member States, which laws apply according to Regulation No 1/2003?

EU competition law applies exclusively. (C) Signup and view all the answers

What does a fortiori mean in the context of the regulation?

A stronger basis for allowing additional authority intervention. (C) Signup and view all the answers

What must national competition authorities avoid when ruling on matters already addressed by the Commission?

Making decisions that conflict with the Commission's decision. (B) Signup and view all the answers

In relation to the handling of competition cases, what does the principle of a single authority imply?

Each case must be assigned to the authority that is most competent. (A) Signup and view all the answers

Which aspects of competition law do EU and national laws view differently?

Market definitions and assessments of competition. (B) Signup and view all the answers

What was a significant change regarding the handling of competition cases as outlined in Registration No 1/2003?

Both EU and national competition authorities can address the same issues. (C) Signup and view all the answers

Under what condition can national competition authorities still take action on a competition issue?

If their actions do not contradict the Commission's decision. (D) Signup and view all the answers

What principle is highlighted regarding the retroactive application of penalties in competition law?

A more lenient penalty may apply if it was established by a Court. (C) Signup and view all the answers

What do the companies involved in the proceedings actually seek regarding the cartel effects before May 1, 2004?

They want to completely ignore the cartel's effects before this date. (A) Signup and view all the answers

How does the Advocate General view the companies' arguments concerning retroactive application?

They challenge the power of the authority to impose fines. (B) Signup and view all the answers

What must be interpreted about Article 81 EC in relation to cartels producing effects before May 1, 2004?

It does not apply to such cartels if the proceeding began after that date. (A) Signup and view all the answers

What does the companies' argument infer about the powers of the Úřad pro ochranu hospodářské soutěže?

The authority is prohibited from penalizing past effects. (C) Signup and view all the answers

Which article is linked to the principle of ne bis in idem in this context?

Article 11(6) of Regulation No 1/2003. (B) Signup and view all the answers

What is a key characteristic of the constitutional traditions of the Member States regarding penalties?

They recognize the principle of a more lenient penalty. (D) Signup and view all the answers

What does the opening of a proceeding against a cartel by the Commission under Article 11(6) of Regulation No 1/2003 imply for national competition authorities?

It does not affect the power of national authorities to penalise pre-accession conduct. (A) Signup and view all the answers

What is the significance of the date May 1, 2004, in this legal context?

It is when the EU expanded to include new Member States. (B) Signup and view all the answers

Which principle is relevant when considering the imposition of fines under competition law?

The ne bis in idem principle (D) Signup and view all the answers

Under what condition does the ne bis in idem principle prohibit further proceedings against an undertaking?

If there has been a prior decision that can no longer be challenged. (B) Signup and view all the answers

Does the ne bis in idem principle apply based on the date of the anti-competitive conduct or the opening of proceedings?

Only based on the opening date of proceedings. (A) Signup and view all the answers

What was the significance of the timing of decisions made by national authorities regarding fines?

It is negligible if concerning periods before accession. (D) Signup and view all the answers

Which articles of Regulation No 1/2003 must be considered together regarding national competition authorities' powers?

Articles 11(6) and 3(1) (B) Signup and view all the answers

How is the temporal applicability of the ne bis in idem principle determined in the context of EU law?

By the date the proceedings for penalties are opened. (B) Signup and view all the answers

What does the ne bis in idem principle safeguard against in competition law cases?

Multiple penalties for the same anti-competitive conduct. (D) Signup and view all the answers

Study Notes

Case C-17/10

A preliminary ruling case concerning the interpretation of Article 81 EC, Council Regulation (EC) No 1/2003, and point 51 of the Commission Notice on cooperation within the Network of Competition Authorities.
The case involved a dispute between undertakings and the Czech competition authority (Úřad pro ochranu hospodářské soutěže) regarding fines for infringement of Czech competition law.
The case examined the relationship between national competition laws and EU competition law, particularly concerning the accession of a new Member State.
The case included a cartel of international scope affecting the EU and EEA, concerning undertakings in the electrical engineering sector.

EU Law

Article 81 EC (now Article 101 TFEU) and Article 53 of the EEA Agreement prohibit cartels.
Regulation (EC) No 1/2003, aimed at implementing competition law, requires national authorities to apply Articles 81 and 82 EC (now 101 and 102 TFEU).
Recital 8 of Regulation (EC) No 1/2003 states the necessity for national authorities to apply Articles 81 and 82 EC when applying national competition law.
Article 3 of Regulation (EC) No 1/2003 determines the relationship between Article 81 EC and national competition laws.
Article 11(6) of Regulation (EC) No 1/2003 stipulates that the initiation of Commission proceedings for a decision under the regulation relieves national competition authorities of their competence to apply Articles 81 and 82 EC.

National Law

The Czech Law on the Protection of Competition (Article 3) prohibited agreements and practices that distorted competition.
The Czech law for the protection of competition covered the period before and after the accession of the Czech Republic to the EU.

Case Proceedings

The Commission initiated EU-level proceedings against a worldwide gas-insulated switchgear (GIS) cartel.
The Czech competition authority also initiated a proceeding against the same members of the cartel.
The Czech court annulled the decision of the Czech competition authority, arguing that the Commission's prior decision prevented the Czech authority from further action, violating the ne bis in idem principle.
The case subsequently went to the Czech Supreme Administrative Court.

Key Questions

Can Article 81 EC and Regulation (EC) No 1/2003 be applied to a cartel that commenced pre-accession, but continued post-accession within a Member State?
Following the Commission's proceedings regarding the cartel, are national competition authorities relieved of competence under Article 11(6) of Regulation (EC) No 1/2003?
Does the ne bis in idem principle prevent the application of national competition law in cases with prior Commission proceedings on the same facts?

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Description

Test your knowledge on key concepts and rulings in competition law. This quiz covers the main legal bases, entities involved, and specific articles related to competition law as referenced in recent judgments. Enhance your understanding of how competition authorities operate and the implications of various legal articles.