Competition Law

Question 1

Explain the difference between Horizontal and Vertical Agreements

Answer 1

-Horizontal: btwn compet. on same supply chaily level, within same market
(e.g: producer + producer)
-Verical: btwn firms on diff. supply chain levels(e.g: distributer + producer)

Question 2

Explain the general structure of deciding whether anti competitive agreements have occurred

Answer 2

1. Applicability
   a. Undertaking ( hofner and Elser)
   -define both
   b.-effect on trade–> direct, indirect, actual potential
   c. agreement/ concerted practice btwn parties
   -Agreement–> Bayer case
   -Concerted practice: Anic
2. Restriction
   -Type of restriction
   -object or effect?
   a. Object–> Cartes Bancaires
   b.By effect?
   -Rel. market–> Difine
   -Prod. M. (United Brands)
   
   • Geographic. market (Geographic Market)
     -Mat. Detri. effects (‘B effect’)
     -HA–> 10% of Market share each
     -Vericle 15% of Market Share each
     -or if not hard core restriction, + less than 30% MS each,excempted (VBER)
     -deminis princ. –> appreicability
3. Justifications
   -pro-competitive benefits?
   -Art. 101 (3)

Question 3

What did Hofer and Elser define in terms of Anti-competitive law

Answer 3

• Defined undertaking:
  -Any entity:
  -eng. in economic act.
  - X matter legal status + financing

Question 4

TRUE or FALSE: Public authorities exercising public powers can still be undertakings

Answer 4

-FALSE: Eurocontrol case

Question 5

What did the Bayer case confirm about Competition Law

Answer 5

• Agreement= any cocurrence of wills

Question 6

What did the Anic case confirm about competition law?

Answer 6

Coordination without agreement
-Three criterion:
1.Undertakings
“Concerting together”
-e.g: exchanging sensitive information
2. Subse. parallel cond. on market
3. Cau. linke between (1) and (2)

Question 7

TRUE or FALSE: parallel conduct on market= concerting

Answer 7

-pretty fucking much (Imperial Chemical Industries)

Question 8

What did Consten & Grundig establish when it came to competition law?

Answer 8

-“Effect on trade” requirement for by effect restriction
-cap. of constituting a threat
-either direct or ind.
-act. or portential
2 freedom of trade btwn MS

Question 9

What did the Expedia case conclude about competition law?

Answer 9

-by object restriction= no need to show effects