EU Competition Law and Economics - UK Essays.
HOW DOES ARTICLE 101(3) TFEU CASE LAW RELATE TO EC GUIDELINES AND THE WELFARE PERSPECTIVE? 1 SEO ECONOMIC RESEARCH 1 Introduction Fighting cartels is one of the pillars of competition law. The European Commission has prosecuted 717 undertakings for cartel behavior in 100 cartels since 1990.2 But not all.
Without prejudice to Article 4 of the Treaty on European Union or to Articles 93, 106 and 107 of this Treaty, and given the place occupied by services of general economic interest in the shared values of the Union as well as their role in promoting social and territorial cohesion, the Union and the Member States, each within their respective.
Article 102 TFEU governs abusive conduct by dominant undertakings. The possession or strengthening of a dominant position by way of competition does not fall within the scope of the prohibition. Dominance alone is never an offence.
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Many commentators believe that when one considers 101(1) combined with 101(3) there is indeed a RoR Article 101(1) and Article 101(3) contain all the necessary elements of a rule of reason analysis, with the anti-competitive effects examined under Article 101(1) and the pro-competitive effects assessed and balanced against the anti-competitive effects under Article 101(3).
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