Competition Law Cases Flashcards
SGL
Company refused to give information on anti-competitve behaviour so fined under Directive 1/2003
Elevators Escalators Cartel
Fined bigtime
Synthetic Rubber Cartel
Fined bigtime - some got lower fines for whistle blowing, some got higher for repeat offending
Hofner
Undertakings = any entity engaged in econ activity regardless of its legal status and way its financed
Package Tours World Cup
Fifa and Italian FA are undertakings under Art 101
Motosykletistiki (MOTEO)
Undertakings BECAUSE it engaged in econ activity regardless of legal status and way its financed
Maschinenbau
Breach of Art 101(1) allowed because was trying to break into new marker under Art 101(3)
Anic Partecipazioni
EC doesnt need to establish whether it is Art 101(1) or Art 101(2) breach
Treuhand
Dont actually need to be party to cartel agmt or operate in same market to be caught - active contribution and causal link is enough
Tepea
Agmt = oral or written
Hercules Chemicals
Undertakings just need to express joint intention
Bayer
Unilateral behaviour is generally not an agmt
Vereniging
Recommendations made by Trade Associations to members can be decisions falling under Art 101(1)
Transocean Marine Paint
Would compliance with recommendations have significant influence on competition within relevant market
ANSEAU
Decision by trade association that goods distributed exclusively under common label is decision under Art 101(1)
Dysetuffs
Defines concerted practise as:
Coordination without having reached a proper agreement which effectively swaps practical cooperation for risks of competition
Ahlstrom Wood Pulp Cartel
Conduct was NOT enough to be concerted practise
STM
To fall under Art 101(1) must be forseeable that the agreement may have an influence, direct or indirect, actual or potential, on the pattern of trade Art 101(3) rule of reason is adopted
Costen Sarl
Effect on trade can be increase or decrease in trade. Territorial restriction