EU Private Law Quiz
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In EPL, Prof. Martuccelli/Prof. Ricci - Competition Law, despite the different schools' approaches, "consumer welfare" is:

  • It is irrelevant (neither a primary nor a second objective)
  • A primary objective
  • A secondary objective (correct)

    • An historical example of pro-competition rules can be found in:

  • the Code of Justinian (correct)
  • American Constitution
  • Sherman Act

    • The Sherman Act was passed by the U.S. Congress in:

  • 1890 (correct)
  • 1990
  • 1690

    • In the evolution of Competition law, the two most important American schools of thoughts were:

    <p>Harvard and Chicago</p> Signup and view all the answers

    The European Community Competition system is composed by:

    <p>Articles of the TFUE, Regulations, Notices and jurisprudence of the EC Courts</p> Signup and view all the answers

    The TFEU regulates:

    <p>under section 101 undertakings and concerted practices and under section 102 the abuse of dominant position</p> Signup and view all the answers

    Regulation no. 1/2003/EC, adopted on the 16 December 2002, in force since 1st May 2004, is crucial to:

    <p>understand the new relationship of EU competition law and national competition law, authorities and courts</p> Signup and view all the answers

    A fundamental case of the ECJ, regarding the direct application of Section 101 and 102, ruling ex art 267 TFUE, is:

    <p>Crehan v. Courage</p> Signup and view all the answers

    According to the definition by the European Commission, a relevant product market comprises all those products and/or services which are regarded as interchangeable or substitutable by the consumer:

    <p>by reason of the products' characteristic, their prices and intended use</p> Signup and view all the answers

    According to the definition by the European Commission, a relevant geographic market comprises:

    <p>the area in which the firms concerned are involved in the supply of products or services and in which the conditions of competition are sufficiently homogenous</p> Signup and view all the answers

    In the United Brands case 27/76, the ECJ stated that

    <p>softness, heedlessness, taste and handling quality of bananas were relevant in deciding that they could reasonable be considered to form a distinct market from the of fruit more generally</p> Signup and view all the answers

    The definition of "market power" is:

    <p>is crucial to identify a dominant position</p> Signup and view all the answers

    Consequences of violation of article 101. Any agreement or decisions prohibited pursuant this article:

    <p>shall be automatically void</p> Signup and view all the answers

    A definition of undertakings, which is extremely important for both article 101 and 102:

    <p>is provided by the European Commission</p> Signup and view all the answers

    The Game theory and the prisoner dilemma were elaborated by:

    <p>J. Nash</p> Signup and view all the answers

    The SSNIP is the abbreviation of:

    <p>Small but Significant Non-transitory Increase in Price</p> Signup and view all the answers

    Which of the following condition is necessary to benefit from the exemption described in article 101.3?

    <p>Increase of efficiency</p> Signup and view all the answers

    Art 102 TFUE provides:

    <p>a lists of certain abusive conducts</p> Signup and view all the answers

    What is the impact of European legislation (i.e articles 101 and 102 TFUE) on the member states' legal systems?

    <p>Direct horizontal effect</p> Signup and view all the answers

    The "passing on" defense allows:

    <p>a defendant to argue that a claimant's loss has been reduced or negated by the claimant having passed on to his customers all, or a portion of, any overcharge resulting from the defendant's actions</p> Signup and view all the answers

    It is possible to start a damages action for infringement of:

    <p>Art. 101 and 102</p> Signup and view all the answers

    If we look at fundamental case-law of the European Court of Justice such as Crehan-Courageand Manfredi (but also previous case-law such as Van Gen den Loosand Sabena), what is the impact of EU provisions such as Articles 101 and 102 TFEU on the national legal system?

    <p>Direct horizontal effect</p> Signup and view all the answers

    In private enforcement cases, damages are awarded upon demonstration of:

    <p>actual loss and loss of profit</p> Signup and view all the answers

    The legal action based on the violation of competition law provisions is aimed at obtaining the payment of damages to the claimant. These are calculated on the basis of:

    <p>lucrum cessans(loss of earnings) et damnum emergens(actual damage)</p> Signup and view all the answers

    Competition Law is aimed at granting a level playing field among competitors (effective competition) in order to enhance consumer welfare. Why Competition Law and European Private Law are intertwined?

    <p>Because one aims at eliminating distortions of the markets' forces and the latter provides the framework for European private law within which contracts are put in places</p> Signup and view all the answers

    At European level, what consumer's protection means?

    <p>Consumer welfare</p> Signup and view all the answers

    One way of defining the relevant market is to make recourse to the so-called SSNIP test. What SSNIP test means?

    <p>Small but Significant non-transitory increase of price</p> Signup and view all the answers

    What is the main purpose of defining the product and geographic market in European Competition Law?

    <p>To identify the market of product and services and calculate the market share(s) detained by the relevant undertaking(s) in order to calculate its (their) position within that market</p> Signup and view all the answers

    Agreements represent a form of "cooperation" between undertakings. Under what conditions these agreements can be considered beneficial for the European internal market and, therefore, authorised as per Art. 101.3?

    <p>When they improve the consumers' welfare</p> Signup and view all the answers

    What is the relationship between European Competition Law provisions and national competition law?

    <p>As per Art. 3 of Regulation 1/2003, when a national court or national authority applies the national competition law should also take into consideration of the European equivalent articles (101 and 102 TFEU)</p> Signup and view all the answers

    What European Member State does not have criminal sanctions for illegal cartels affecting life of its citizen (health sector, automobile sector, housing sector, food distribution, etc.)?

    <p>Italy</p> Signup and view all the answers

    Can national lawyers' regulatory bodies (for instance, Ordine degli Avvocati in Italy) be considered "economic entities" for Competition law purposes? Can they facilitate illegal agreements or forms of abuse of dominant position (like price fixing, exclusionary behaviours)?

    <p>Yes</p> Signup and view all the answers

    In the Consumer Electronics Manufacturers case decided by the European Commission in July 2018 the European Commission imposed up to EUR 110 million of fines. The company involved were Asus, Denon, Marantz, Philips and Pioneer. In particular, how they infringed Art. 101 TFEU?

    <p>They used algorithms to adapt prices and special software to track the prices</p> Signup and view all the answers

    In Matra Hachette v Commission [Case T-17/93] the Court of First Instance (CFI), now General Court, stated that "there are no anti-competitive agreements which, as a matter of law, could never satisfy the four conditions set out in the provision. Even an agreement that has as its object the restriction of competition in the sense of Art. 81.1 (101.1) is capable, in principle, of satisfying the condition of Art. 81.3 (101.3): in this sense EU law differs from US law, since there are no agreements that are 'per se' illegal in the EU system". This means that in the presence of price-fixing agreements what the undertakings need to show in order to benefit of Art. 101.3 exception?

    <p>Extremely convincing evidence of the benefits for the consumers</p> Signup and view all the answers

    What amongst the following is considered a positive effect for the purposes of Art. 101.3?

    <p>Uniformity and quality of standardisation</p> Signup and view all the answers

    In GlaxoSmithKline the European General Court held that the Commission had failed to carry out a proper examination of the factual arguments and evidence put forward by the company. What was the position of the European court of Justice?

    <p>The European Court of Justice agreed that the General Court was wrong in assessing the position of GlaxoSmithKline and that Glaxo was per se wrong in hindering parallel imports, with no exceptions</p> Signup and view all the answers

    In the US Antitrust Law, what is not allowed as per Section 2 of the Sherman Act (1890).

    <p>Attempt to monopolise</p> Signup and view all the answers

    Why the ALCOA case is of paramount importance in US Antitrust Law?

    <p>Because in 1945 Structural separation of Alcoa was hailed as a pro competitive remedy rather than a punishment</p> Signup and view all the answers

    In the most recent Google case (18.07.18) decided by the European Commission, Google was fined with EUR 4.3 billion for abuse of dominant position for having illegally imposed restrictions on Android device manufactures. What behaviour was considered abusive?

    <p>Made payments to certain mobile network operators on condition that they exclusively preinstalled Google search app on their device</p> Signup and view all the answers

    Private enforcement and European Directive 2014/104 introduced certain rules governing actions for damages under national law for infringements of the competition law. It introduced:

    <p>Possibility of suing Italian companies on the basis of European Competition Law for anticompetitive practices</p> Signup and view all the answers

    The principle of good faith is provided:

    <p>by the Principles of European Contract Law, by the European Contract Code and by the UNIDROIT Principles of international commercial Contracts</p> Signup and view all the answers

    The Principles of European Contract Law will apply when the parties:

    <p>have agreed to incorporate them into their contract or that their contract is to be governed by them;</p> Signup and view all the answers

    The Principles of European Contract Law may be applied:

    <p>when the parties have agreed that their contract is to be governed by &quot;general principles of law&quot;, the &quot;lex mercatoria&quot; or the like;</p> Signup and view all the answers

    The Principles of European Contract Law are composed of:

    <p>three Parts</p> Signup and view all the answers

    The Part of the Principles of European Contract Law dealing with remedies is the:

    <p>III Part</p> Signup and view all the answers

    The Principles of European Contract Law have been drawn by:

    <p>an independent body of experts from each Member State of the European Union</p> Signup and view all the answers

    Each party of a contract, according to the Principles of European Contract Law:

    <p>must act in accordance with good faith and fair dealing;</p> Signup and view all the answers

    According to the Principles of European Contract Law, the parties of a contract:

    <p>may choose to have their contract governed by the Principles, with the effect that national mandatory rules are not applicable, where the otherwise applicable law so allows</p> Signup and view all the answers

    Does silence or inactivity, according to the Principles of European Contract Law, amount to acceptance of a contract?

    <p>not in itself</p> Signup and view all the answers

    According to the Principles of European Contract Law, are the parties bound by a usage which would be considered generally applicable by persons in the same situation as the parties?

    <p>yes, always</p> Signup and view all the answers

    The remedy for breach of the duty of confidentiality, according to the Principles of European Contract Law

    <p>may include compensation for loss suffered and restitution of the benefit received by the other party</p> Signup and view all the answers

    If the thing provided has been made, after the conclusion of the contract, by the party who delivers it according to the design and indications of the other party or mainly by using the material provided by the latter, according to the European Contract Code, the contract concluded is:

    <p>a contract for services</p> Signup and view all the answers

    If the thing provided is mainly the result of the workmanship or other services of the manufacturer, according to the European Contract Code, the contract concluded is:

    <p>A contract for services</p> Signup and view all the answers

    Unless the law states otherwise, according to the European Contract Code, a contract contrary to public policy or morals is:

    <p>null</p> Signup and view all the answers

    Study Notes

    EU Private Law Quiz Study Notes

    • Competition Law: Consumer welfare is a primary objective in EU Private Law, despite differing schools of thought.
    • Historical Examples: The Sherman Act, passed by the U.S. Congress in 1890, and the Code of Justinian are historical examples of pro-competition rules.
    • American Schools of Thought: Harvard and Chicago schools of thought are highly influential in American competition law.
    • European Community Competition System: The EU competition system is comprised of regulations (e.g., Reg. no. 1/2003/EC) and jurisprudence of EC Courts. It also includes Articles of the TFUE, notices and jurisprudence of the EC Courts.
    • TFEU Regulation: The TFUE regulates undertakings and concerted practices under section 101, and the abuse of dominant position under 102.
    • Regulation 1/2003/EC: This regulation is crucial for understanding the relationship between EU competition law, national competition authorities and courts, as well as the relationship between EU and American competition law. It took effect in May 2004.
    • Fundamental ECJ Case: Crehan v. Courage is a fundamental ECJ case regarding the direct application of section 101 and 102, ruling under 267 TFUE.
    • Definition of Product Market (EC Commission): A relevant product market encompasses interchangeable or substitutable products/services, based on characteristics, shape, and size.
    • Definition of Geographic Market (EC Commission): The area where involved companies supply products/services, showing sufficiently homogeneous competition conditions.
    • United Brands Case (ECJ): In the case 27/76, the ECJ determined that quality aspects of bananas made them distinguishable from other fruits, creating their own market.
    • Market Power Definition: Market power is crucial for identifying dominant positions in a market.
    • Article 101 Violation Consequences: Agreements or decisions violating Article 101 are automatically void, or must be renegotiated.
    • Definition of Undertakings (Article 101 and 102): Important to understanding both Article 101 and 102.
    • Game Theory and Prisoner Dilemma: Concepts developed by John Nash.
    • SSNIP: Abbreviation for Small but Significant Non-transitory Increase in Price.
    • Article 101.3 Exemption Conditions: To benefit from the exemption under Article 101.3, factors like safety standards improvement and increased efficiency must be met.
    • Impact of EU Legislation: EU laws shape member state legal systems via article's 101 and 102 TFEU.
    • Passing on Defence: A claim that losses were reduced or nullified by passing costs to consumers.
    • Damages from Competition Law Violations: Damages are awarded based on actual losses and loss of profit. The calculation of these damages, in the case of competition law violations, consider the damages and earnings lost as a consequence of the violation.
    • Competition Law and European Private Law: Because efficiency among contractual parties is a mutual goal.
    • EU Consumer Protection: Aims to provide low costs and a good standard of consumer welfare.
    • SSNIP Test: A test to define relevant markets.
    • Product and Geographic Market Definition: Crucial for analyzing competitive behavior in markets and actions.
    • Principles of European Contract Law:
    • European Contract Law and European Contract Code and UNIDROIT Principles.
    • European Contract Law: Aspects of contract law related to EU rules.
    • Principles of European Contract Law (Various Articles):
    • Breach of Contract, Damages, Contracts, and related concepts.
    • General Principles: Good faith, security, justice, and efficiency within the DCFR.
    • Party Autonomy Limitations: Constraints on party autonomy.
    • Contractual Security in the DCFR: Protection of contract law principles.
    • Formal Requirements: Formal procedures in contract law.
    • Remitted Rights: Contractual rights, and their applicability in EU laws, especially in the area of consumer goods.
    • Remedies for Breach of Contract: Applicable remedies for broken contracts under DCFR.
    • Cases on Product Liability: Coverages related to defective products and liability.
    • Different types of damages: Damages of different types covered by EU laws and directives.
    • Product Liability: Different aspects related to defective products, such as liability and time limits.
    • Jurisprudence of the Court: Importance of case studies and judicial decisions.
    • Legal Framework: Laws and legal principles determining the EU competition law.
    • Consumer Goods and Remedies: Obligations of producers and sellers for defects.
    • Regulation and Directives: Relevant EU regulations and directives for competition, contracts, and consumer goods.
    • International Commercial Contracts: Aspects related to cross-border contracts.
    • Relationships between legal systems: Different aspects influencing the legal system, from the national to the international laws.
    • Matra Hachette v Commission [Case T–17/93]: The Court of First Instance (CFI), now General Court, stated that there are no agreements that are "per se" illegal in EU competition law.
    • Game Theory and Prisoner's Dilemma: Concepts elaborated by John Nash.
    • SSNIP (Small but Significant Non-transitory Increase in Price): A way to detect dominant positions in markets.
    • Good Faith Principle: An integral aspect of EU contract law.
    • Legal Systems Interactions: European law impacts national legal systems.
    • Consumer Rights: Important EU consumer rights.

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    Description

    Test your knowledge on EU Private Law, focusing on competition law and its historical context. This quiz covers essential regulations like the TFUE and key concepts from the American schools of thought in competition law. Prepare to explore the intricacies of the EU competition system and its impact on consumer welfare.

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