Competition Law

Question 1

Hofner

Answer 1

Undertaking = every entity engaged in an economic activity regardless of how it is financed or its legal structure
Employment procurement is an economic activity

Question 2

MOTOE

Answer 2

Undertakings include organisations that are publicly funded

Question 3

1990 World Cup Decision

Answer 3

Undertakings include organisations that lack a profit motive

Question 4

Bayer

Answer 4

Unilateral conduct by one undertaking is unlikely to amount to agreement

Question 5

Beef Industry

Answer 5

Object of an agreement must examine its purpose in the economic context in which it operates
Subjective aims of the agreement are irrelevant

Question 6

T-Mobile

Answer 6

It is sufficient if the object of the agreement is only capable of restricting competition

Question 7

General Motors Nederlands

Answer 7

It is sufficient if restriction of competition is indirect

Question 8

European Night Services

Answer 8

Effect must be examined within the actual conditions, economic context, products or services involved, and structure of the relevant market

Question 9

Transocean Marine Paint

Answer 9

An anti-competitive measure may be lawful if its ultimate effect is to increase competition (Article 101(3)

Question 10

Hercules Chemicals

Answer 10

It is sufficient if the undertakings have expressed their joint intention to conduct themselves on the market in a particular way

Question 11

Tepea

Answer 11

Agreements can include oral agreements

Question 12

Treuhand

Answer 12

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

Question 13

Cementhandelaren

Answer 13

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

Question 14

ANSEAU-NAVEWA

Answer 14

A decision by a trade union to adopt a system of conformity checks and labelling was prohibited as it made imports practically impossible

Question 15

Dyestuffs

Answer 15

Concerted practices = coordination between undertakings which knowingly substitutes practical cooperation for the risks of competition

Question 16

Wood Pulp Cartel

Answer 16

ECJ warned against assuming too easily that parallel behaviour could amount to collusion unless concentration constitutes the only plausible explanation

Question 17

Societé Technologique Minières

Answer 17

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

Question 18

ANIC

Answer 18

Unnecessary to establish into which category of collusion the unlawful practice falls

Question 19

Brasserie de Haecht

Answer 19

Collective effect of agreements can be taken into account to determine the effect on competition

Question 20

Consten

Answer 20

Exclusive distribution agreements clearly placed limitations on freedom of trade between member states - restricted competition

Question 21

Pronuptia de Paris

Answer 21

Rule of Reason approach

Franchising agreements generally enable establishment and ultimately increase competition

Question 22

Metropole Television

Answer 22

Rule of Reason defence denied - ultimate pro-competitive effects must be examined within the context of Article 101(3)

Question 23

Völk

Answer 23

De minimis defence - undertakings must have an appreciable share of the market for there to be any appreciable effect on trade

Question 24

Crehen

Answer 24

Damages can be awarded by a national court for losses caused by agreements which breach Article 101

Question 25

BRT v SABAM

Answer 25

Imposed unfair conditions on consumers - abuse of a dominant position

Question 26

Manfredi v Lloyd

Answer 26

An individual can claim compensation for the harm suffered where there is a causal link between that harm and the breach of Article 101

Question 27

Hilti

Answer 27

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

Question 28

Continental Can

Answer 28

Supply substitution - three metal containers belonged to same market due to ease of switching production

Question 29

Michelin

Answer 29

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

Question 30

Microsoft

Answer 30

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

Question 31

Hugin

Answer 31

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

Question 32

Sealink

Answer 32

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)

Question 33

Alsatel

Answer 33

Whole of France (not just Lorraine region) was the RGM - similar conditions of competition across the whole country

Question 34

Nestle/Perrier

Answer 34

RGM was France due to common practice of French consumers only buying French mineral water

Question 35

Società Italiano Vetro

Answer 35

Collective dominance = joint dominance in a market by a collection of undertakings allowing them to behave independently of their competitors, consumers and customers

Question 36

Akzo Chemie

Answer 36

50%+ ill be considered a dominant position unless there are exceptional circumstances
Used predatory pricing (position of economic strength)

Question 37

Tetra-Pak

Answer 37

Exclusive patent licences over design of cartons made it difficult for new entrants to the market, predatory pricing - restricted competition

Question 38

Hoffman La Roche

Answer 38

Commercial advantage may make it difficult for others to compete - superior technology and sophisticated supply systems

Question 39

Intel

Answer 39

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

Question 40

ABG Oil

Answer 40

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

Question 41

United Branks

Answer 41

<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

Question 42

British Leyland

Answer 42

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