Competition Law Flashcards
Hofner
Undertaking = every entity engaged in an economic activity regardless of how it is financed or its legal structure
Employment procurement is an economic activity
MOTOE
Undertakings include organisations that are publicly funded
1990 World Cup Decision
Undertakings include organisations that lack a profit motive
Bayer
Unilateral conduct by one undertaking is unlikely to amount to agreement
Beef Industry
Object of an agreement must examine its purpose in the economic context in which it operates
Subjective aims of the agreement are irrelevant
T-Mobile
It is sufficient if the object of the agreement is only capable of restricting competition
General Motors Nederlands
It is sufficient if restriction of competition is indirect
European Night Services
Effect must be examined within the actual conditions, economic context, products or services involved, and structure of the relevant market
Transocean Marine Paint
An anti-competitive measure may be lawful if its ultimate effect is to increase competition (Article 101(3)
Hercules Chemicals
It is sufficient if the undertakings have expressed their joint intention to conduct themselves on the market in a particular way
Tepea
Agreements can include oral agreements
Treuhand
Conduct which may appear to be unilateral may still be found to be collusion where one party tacitly acquiesces to practices adopted by another
Even if not operating in the same market
Cementhandelaren
A decision by a trade union to adopt a system of target or guide prices is prohibited, despite members being technically free to calculate their own prices
ANSEAU-NAVEWA
A decision by a trade union to adopt a system of conformity checks and labelling was prohibited as it made imports practically impossible
Dyestuffs
Concerted practices = coordination between undertakings which knowingly substitutes practical cooperation for the risks of competition
Wood Pulp Cartel
ECJ warned against assuming too easily that parallel behaviour could amount to collusion unless concentration constitutes the only plausible explanation
Societé Technologique Minières
Collusion must actually/potentially/directly/indirectly affect trade between member states
Must have as its object OR effect the restriction of competition
Rule of reason - if measure is necessary and proportionate
ANIC
Unnecessary to establish into which category of collusion the unlawful practice falls
Brasserie de Haecht
Collective effect of agreements can be taken into account to determine the effect on competition
Consten
Exclusive distribution agreements clearly placed limitations on freedom of trade between member states - restricted competition
Pronuptia de Paris
Rule of Reason approach
Franchising agreements generally enable establishment and ultimately increase competition
Metropole Television
Rule of Reason defence denied - ultimate pro-competitive effects must be examined within the context of Article 101(3)
Völk
De minimis defence - undertakings must have an appreciable share of the market for there to be any appreciable effect on trade
Crehen
Damages can be awarded by a national court for losses caused by agreements which breach Article 101
BRT v SABAM
Imposed unfair conditions on consumers - abuse of a dominant position
Manfredi v Lloyd
An individual can claim compensation for the harm suffered where there is a causal link between that harm and the breach of Article 101
Hilti
Nail guns were specific enough to have their own market
Hilti-compatible nails and cartridges were a distinct aftermarket
Light enough to be transported over the entire EU
Continental Can
Supply substitution - three metal containers belonged to same market due to ease of switching production
Michelin
Two separate markets for tyres (heavy vehicles and light vehicles) - no ability to adapt production between the two
RGM was Netherlands due to practice of only using domestic suppliers
Microsoft
3 types of software belonged to three product markets - large amounts of time, capital and risk incurred in developing each one
Used intellectual property rights to freeze out competition
Bundling products
Hugin
Separate aftermarket of compatible products
Refusal to supply was abuse of a dominant position
Must affect trade between member states - no breach as Sweden was not part of EU at the time
Sealink
RGM was Holyhead port - operating ferry link between Ireland and UK
Limited access to essential facilities - other ferry operators could only use the port on less favourable conditions (abuse)
Alsatel
Whole of France (not just Lorraine region) was the RGM - similar conditions of competition across the whole country
Nestle/Perrier
RGM was France due to common practice of French consumers only buying French mineral water
Società Italiano Vetro
Collective dominance = joint dominance in a market by a collection of undertakings allowing them to behave independently of their competitors, consumers and customers
Akzo Chemie
50%+ ill be considered a dominant position unless there are exceptional circumstances
Used predatory pricing (position of economic strength)
Tetra-Pak
Exclusive patent licences over design of cartons made it difficult for new entrants to the market, predatory pricing - restricted competition
Hoffman La Roche
Commercial advantage may make it difficult for others to compete - superior technology and sophisticated supply systems
Intel
System of rebates to manufacturers who bought all their chips from Intel which had the effect of reducing competition and were a deprived the customer of real choice
ABG Oil
Relevant temporal market - during the OPEC oil crisis, oil imports to the NL dropped by 50% - small producers were reliant on big companies to buy oil on the world market and sell it on - abuse when BP cut back supply to ABG more than other consumers
United Branks
<50% market share can still be a dominant position if the market is fragmented
Dominant position = position of economic strength which enables the undertaking to prevent effective competition on the market by acting independently of its competitors, consumers and customers
Brand identification and vertical integration - indication of dominant position
Refusal to supply and excessively high prices - abuse
British Leyland
Charging excessively high prices to consumers is an abuse of a dominant position if there is no reasonable relation to the economic value of the product
Potential effect on trade will suffice
