Questions and answers

What does Article 101 TFEU prohibit?

What does Article 101 TFEU prohibit?

EU Antitrust policy is developed from Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). Article 101 prohibits anti-competitive agreements between two or more independent market operators.

Is Article 101 TFEU effective?

Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) are a matter of public policy and should be applied effectively throughout the Union in order to ensure that competition in the internal market is not distorted.

What does Article 102 TFEU prohibit?

Article 102 of the Treaty on the Functioning of the European Union (TFEU) prohibits abusive conduct by companies that have a dominant position on a particular market.

Can the national competition authority apply Articles 101 102 TFEU?

It gave national competition authorities (NCAs) as well as national courts the power to apply Articles 101 and 102 in their entirety (previously only the Commission had the power to grant individual exemptions under Article 101(3) of the TFEU).

What is the purpose of Article 101?

WHAT IS THE AIM OF THE COMMUNICATION? Article 101 of the Treaty on the Functioning of the European Union (TFEU) (formerly Article 81 of the Treaty establishing the European Community) prohibits trade practices between EU countries which could prevent, restrict or distort competition.

Who is responsible for the enforcement of Article 101 and 102 TFEU?

the Commission
The public enforcement of Articles 101 and 102 TFEU is carried out by the Commission using the powers provided by Council Regulation (EC) No 1/2003 (3).

What are structural competition problems?

Structural competition problems are those which relate to market characteristics that may have an adverse effect on competition or result in inefficient market outcomes, such as higher prices, lower quality, less choice and innovation.

What is the purpose of Article 34 36 TFEU?

Articles 34-36 of the TFEU are one of the founding pillars for the free movement of goods in the EU single market as they prohibit restrictions on imports and exports and measures having equivalent effect, subject to certain public policy exemptions.

What are horizontal agreements?

Horizontal agreements are those between parties at the same level of the supply chain (for example, competing manufacturers, distributors or retailers). An example is a price-fixing agreement between two competing retailers.