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Competition policy (aims (improved efficiency, better living standards,…
Competition policy
aims
improved efficiency, better living standards
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customers, technological development
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article 101
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Substantive provisions
Agreements
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elements - agreement, concerted practices, decisions of associations
writing not required
Re Polypropylene does not have to be in writing, if theirs party consensus to limit commercial freedom
Pre-insulated pipes cartel unnecessary for every participant to give express consent or be aware of every manifestation of agreement
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pricing
Tetrapak - T dominant in market, sometimes goods are sold below average total cost, price strategy showed deliberate intention to conquer italian market - tried to eliminate competitors
Akzo and ECS chemical produced, used in two markets, one compnay entered other, retaliation threatened, started offering below average total cost - not allowed - should quality
Wanadoo tried to sell at loss ofr 2 years, fined
arreda turner test - above average variable costs is fine (lack of clarity over what are fixed costs and what are variable costs)
concerted practices
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ICI v Commission -allegations of concerted practice in dyestuff industry, firms argued it was due to oligopolistic nature of markets
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need to take into account all features of the market (include costs, structures of each firm, history of price increases in the industry)
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Decisions
Kernel - multilateral deal that inhibits economic freedom of EU - set own price, kept out of certain geographical areas
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consten & Grundig - if objective is non-competitive then not necessary to show anti-competitive effect
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article 102
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relevant market
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United Brands v Commission banana looks different to other friend, distinct, looked at price effects - not in relevant market
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