Podcast
Questions and Answers
In EPL, Prof. Martuccelli/Prof. Ricci - Competition Law, despite the different schools' approaches, "consumer welfare" is:
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:
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:
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:
In the evolution of Competition law, the two most important American schools of thoughts were:
The European Community Competition system is composed by:
The European Community Competition system is composed by:
The TFEU regulates:
The TFEU regulates:
Regulation no. 1/2003/EC, adopted on the 16 December 2002, in force since 1st May 2004, is crucial to:
Regulation no. 1/2003/EC, adopted on the 16 December 2002, in force since 1st May 2004, is crucial to:
A fundamental case of the ECJ, regarding the direct application of Section 101 and 102, ruling ex art 267 TFUE, is:
A fundamental case of the ECJ, regarding the direct application of Section 101 and 102, ruling ex art 267 TFUE, is:
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:
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:
According to the definition by the European Commission, a relevant geographic market comprises:
According to the definition by the European Commission, a relevant geographic market comprises:
In the United Brands case 27/76, the ECJ stated that
In the United Brands case 27/76, the ECJ stated that
The definition of "market power" is:
The definition of "market power" is:
Consequences of violation of article 101. Any agreement or decisions prohibited pursuant this article:
Consequences of violation of article 101. Any agreement or decisions prohibited pursuant this article:
A definition of undertakings, which is extremely important for both article 101 and 102:
A definition of undertakings, which is extremely important for both article 101 and 102:
The Game theory and the prisoner dilemma were elaborated by:
The Game theory and the prisoner dilemma were elaborated by:
The SSNIP is the abbreviation of:
The SSNIP is the abbreviation of:
Which of the following condition is necessary to benefit from the exemption described in article 101.3?
Which of the following condition is necessary to benefit from the exemption described in article 101.3?
Art 102 TFUE provides:
Art 102 TFUE provides:
What is the impact of European legislation (i.e articles 101 and 102 TFUE) on the member states' legal systems?
What is the impact of European legislation (i.e articles 101 and 102 TFUE) on the member states' legal systems?
The "passing on" defense allows:
The "passing on" defense allows:
It is possible to start a damages action for infringement of:
It is possible to start a damages action for infringement of:
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?
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?
In private enforcement cases, damages are awarded upon demonstration of:
In private enforcement cases, damages are awarded upon demonstration of:
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:
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:
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?
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?
At European level, what consumer's protection means?
At European level, what consumer's protection means?
One way of defining the relevant market is to make recourse to the so-called SSNIP test. What SSNIP test means?
One way of defining the relevant market is to make recourse to the so-called SSNIP test. What SSNIP test means?
What is the main purpose of defining the product and geographic market in European Competition Law?
What is the main purpose of defining the product and geographic market in European Competition Law?
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?
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?
What is the relationship between European Competition Law provisions and national competition law?
What is the relationship between European Competition Law provisions and national competition law?
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.)?
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.)?
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)?
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)?
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?
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?
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?
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?
What amongst the following is considered a positive effect for the purposes of Art. 101.3?
What amongst the following is considered a positive effect for the purposes of Art. 101.3?
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?
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?
In the US Antitrust Law, what is not allowed as per Section 2 of the Sherman Act (1890).
In the US Antitrust Law, what is not allowed as per Section 2 of the Sherman Act (1890).
Why the ALCOA case is of paramount importance in US Antitrust Law?
Why the ALCOA case is of paramount importance in US Antitrust Law?
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?
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?
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:
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:
The principle of good faith is provided:
The principle of good faith is provided:
The Principles of European Contract Law will apply when the parties:
The Principles of European Contract Law will apply when the parties:
The Principles of European Contract Law may be applied:
The Principles of European Contract Law may be applied:
The Principles of European Contract Law are composed of:
The Principles of European Contract Law are composed of:
The Part of the Principles of European Contract Law dealing with remedies is the:
The Part of the Principles of European Contract Law dealing with remedies is the:
The Principles of European Contract Law have been drawn by:
The Principles of European Contract Law have been drawn by:
Each party of a contract, according to the Principles of European Contract Law:
Each party of a contract, according to the Principles of European Contract Law:
According to the Principles of European Contract Law, the parties of a contract:
According to the Principles of European Contract Law, the parties of a contract:
Does silence or inactivity, according to the Principles of European Contract Law, amount to acceptance of a contract?
Does silence or inactivity, according to the Principles of European Contract Law, amount to acceptance of a contract?
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?
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?
The remedy for breach of the duty of confidentiality, according to the Principles of European Contract Law
The remedy for breach of the duty of confidentiality, according to the Principles of European Contract Law
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:
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:
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:
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:
Unless the law states otherwise, according to the European Contract Code, a contract contrary to public policy or morals is:
Unless the law states otherwise, according to the European Contract Code, a contract contrary to public policy or morals is:
Flashcards
Good Faith
Good Faith
A fundamental principle in EU private law aiming to ensure fair dealing and good faith between contracting parties. It complements the principle of party autonomy and aims to prevent abuse of power and unfair advantage.
SSNIP Test
SSNIP Test
This test is used in Competition Law to determine the boundaries of a relevant market. It analyzes whether a hypothetical undertaking could profitably increase the price of a product or service by a small but significant amount.
Unjustified Enrichment
Unjustified Enrichment
This is a legal concept where a party that has benefited from a situation without proper legal justification or consent is obliged to return the enrichment. This principle ensures fairness and prevents unjust gains.
Party Autonomy
Party Autonomy
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Relevant Product Market
Relevant Product Market
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Relevant Geographic Market
Relevant Geographic Market
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Dominant Position
Dominant Position
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Restriction of Competition
Restriction of Competition
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Choice of Law
Choice of Law
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Nullity of Contract
Nullity of Contract
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Rescission of Contract
Rescission of Contract
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Defective Product
Defective Product
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Producer
Producer
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Product (Product Liability)
Product (Product Liability)
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Compensation for Damages (Product Liability)
Compensation for Damages (Product Liability)
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Statute of Limitation (Product Liability)
Statute of Limitation (Product Liability)
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Putting into Circulation
Putting into Circulation
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Product Liability Directive (85/374)
Product Liability Directive (85/374)
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Consumer Guarantees Directive (1999/44)
Consumer Guarantees Directive (1999/44)
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Lack of Conformity
Lack of Conformity
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Remedies (Consumer Guarantees)
Remedies (Consumer Guarantees)
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Seller
Seller
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DCFR (Draft Common Frame of Reference)
DCFR (Draft Common Frame of Reference)
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Direct Effect
Direct Effect
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Private Enforcement
Private Enforcement
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Damages Action
Damages Action
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Cartel Agreement
Cartel Agreement
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Competition Law
Competition Law
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Usage in Contracts
Usage in Contracts
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Confidentiality Breach Remedies
Confidentiality Breach Remedies
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Agreement in Contracts
Agreement in Contracts
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Reasonableness in Contracts
Reasonableness in Contracts
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Intention to Be Bound
Intention to Be Bound
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Essential Contract Elements
Essential Contract Elements
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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.