European laa

Question 1

negative integration

Answer 1

Rules of freedom prohibit national rules that conflict with inernal market, cross border trade

Question 2

positive integration

Answer 2

harmoniation means no difference of applying eu law between MS

Question 3

freedom of establishment

Answer 3

art 49 TFEU temporary

Question 4

freedom of service

Answer 4

natural person or company, recieve the provided services in another MS, service itself transcends national borders, art 56 tfeu

Question 5

explain what the Conditions freedom of establishment and services are.

Answer 5

1. EU law applicable?
   personal scope: nationality of eu or coorperate in EU ms.
   Material scope: crossborder element: several MS involved. economic activity: in exchange for a certain remuneratution.
2. Definitions:
   -establishment: stable continious basis (gebhard 25)
   -service: provided for renumeration (gebhard 27), duration, regularly, periodityc and continuity.
3. Service directy apply?
   -material scope: not rules of criminal law, fundamental rights or gambling article 2.
   -personal scope: nationality, coorperate, seat in eu ms.
4. if not sd apply articles 49 and 56 tfeu.
   - prohibit: direct discri: national or company. indirect discri: effect different nationality hits harder. restriction: gebhard (37), act is still prohibited.

Question 6

what can justify the prohibited conduct of a service of establishment?

Answer 6

2 situations.
situation 1= direct, indirect & restriction.
for establishment: art 51 and 52 applicable.
for service: art 62 says that article 51 and 52 are also applicable.

The grounds of prohibited conduct are:
- official authority, public policy (joseman, public security, public health.

Question 7

What are the requirement of justifying the prohibited conducts for establishment and services in case of a direct, indirect or a restriction?

Answer 7

the fellow requirements are:
1. harmonization
2. proportionality: suitable: para 70 joseman, necessary (to reach aim), strictu sensu (weighing interests).

Question 8

What are the requirement of justifying the prohibited conducts for establishment and services in case of an indirect or a restriction?

Answer 8

for indirect the rule of reason can be applied. (gebhard 37). the fellow requirements are:
1. no direct discrimination.
2. legitimate aim: economic aim is not good.
3. proportionality - suitable (consistent, systematic). necessary (to reach aim). strictu sensu (weighing interest).

Question 9

Where do you have to look if directive 2006/123 is applicable?

Answer 9

for establishment we have to look to article 4 of the directive.
for services we have to look to article 4, 16, 19 of the directive 2006/123.

Question 10

What was the core rule in the Gebhard case?

Answer 10

In this case the definition of establishement was explained (25). the definition of services( 26, 27). and the rule of reason (37).

Question 11

what was the core rule in the alpine investments case?

Answer 11

here it was explained that you can provide without moving to another ms to establish. (27). a restriction of freedom to provide services (39).

Question 12

what was the core rule of josemans case?

Answer 12

illegal goods, no applicable for article 49 and 56. there must be an fundemental interest of society. suitable when consistent and systematic manner (70) discriminatory by nature (76).

Question 13

What was the core rule of visservastgoed case?

Answer 13

here it was explained when the SD is applicable. here is explained that there must not be a cross border element. (110).

Question 14

What is the purpose of competition law?

Answer 14

1. enhance efficiency
2. protect consumer welfare.
3. creation of a single market eu.

Question 15

When is article 101 applicable?

Answer 15

It is applicable when cartels between undertakings have a negative effect on the competition.

Question 16

What is the meaning of undertaking in regard of article 101 TFEU?

Answer 16

There must be 2 undertakings.
the definition of undertakings can be found in the hofner and elser case.
‘‘any entity engaged in economic activity, regardless of the legal status of the entity and the way which it was financed.

Definition of economic activity:
ambulanz glockner: offering goods and services.

pavlov: carried on by private undertaking for profit.

assocaiton of undertakings: Wouters case)
- same general type, iedere europees land heeft eigen voetbalbond (KNVB)

Question 17

when is article 101 not applicable?

Answer 17

In 2 situations, art 101 is not applicable:

1. parent and subsidiary (akzo case)
   - decisive influence by parent.
   - parent own 100% of shares, dominance presumed.
2. principle and agent: one undertaking agent sell for its principal.

Question 18

What does the collusion between undertakings mean under article 101 TFEU?

Answer 18

there are 3 types of collusions.
first: in anic case: the principle every economic entity is gre to independently determine the policiy it intends to adopt on the market.

1.agreements: bayer case (concurrence of wills, intention).
-vertical: undertakings operat different on a different market level. (producer with distributor)
-horizontal: same level (producer with producer)
2. decisions associations undertakings: there must be an association.
3. concerted practice: (dyestuffs case) coordination between undertakings without reached an agreement.

Question 19

Where do we have to take a look when we want to determine when there is a concerted practice under article 101 TFEU?

Answer 19

-Sometimes there will be a couasl relation between both.
- you have to be aware of particular message.
-objective and consistent.

example: when an undertaking sends price list without saying anythin it is an concerted practice.

to determine if there is an concerted practice, we have to look also to woodpulp case: here it is stated that the right on anticipating on their competitiors.

• there can also be a parallel behavior: acting same way that is the nature of market.

Question 20

Why is the T-mobile case important to determine if there is a concerted practice under article 101 TFEU?

Answer 20

there was 1 meeting adopted market behaviour of rewards causal connection. there must be looked at meetings and behaviour.

Question 21

When is an effect appreaciable for the competition in the internal market?

Answer 21

when there is a restriction by object or by effect.

Question 22

What does the restriction by object mean

Answer 22

restriction by object = nature harm. (budapest bank case) legal and economic context.
(beef undustry case) = legitimate objects.

there is a horizontal effect: price fixing, limit output, market sharing.
there is a vertical effect: imposing fixed minimum resale prices.

the conclusion here is that there will be automaticly an appreciable effect.

Question 23

What does the restriction by effect mean?

Answer 23

Brasserie de haecht case: actual and potential effect examine!

2 ways to do this:
1. minimus notice
-horizontal = aggregate market share not exceed 10% of relevant makrets effect.
-vertical = market share does not exceed 15% on any relevant markets.

2. counterfactual = if effects have the ffect of damaging competition conclude restriction by effect has an appreciable effect on competition.

Question 24

When is the collusion appreciable between member states? under article 101 TFEU?

Answer 24

To determine whether there is an collussion between member states there has to be a pattern test on trade test.
also the STM case = mate van waarschijnlijkheid bepaalde afspraak.

Question 25

What are the exemptions for article 101 TFEU?

Answer 25

There are 2 forms of exemptions
1. block exemption: situation falls under the block exemption regulation.
2. individual exemptions: 4 criteria
1) collusion improve productions/distribute
2)collusion fair share benefit (passed on consumers (constand qualitative), overweigh negative effect on consumers)
3. indispensable to attainment of objectives can exempted.
4. not allow elimanation competition.
* CECED -CASE

Question 26

What is te core rule of the Internal union case?

Answer 26

rules were disproportionale to objectives excessive and non-proportional rules made it harder for athletes to enforce their rights under EU competition law.

Question 27

What is the core rule of the CECED case?

Answer 27

this case elaborate article 101 (3) it is about association created in brussel, selling private washing machines.

Question 28

what does articel 102 TFEU regulate?

Answer 28

here must be 1 undertaking that abuse his power (dominance)

Question 29

What is the first step to determine whether there is one undertaking involved?

Answer 29

first the definition is based in the hofner and elser case: any entity engaged economic activity legal status way which it is finaced.
ambulanz glockner = offering goods and services.
pavlov= private undertaking for profit.

Question 30

When can article 102 TFEU not be applicable?

Answer 30

there are 2 situations that article 102 can not be applicable.
1. parent subsidiary: akzo case, how many shares the parent owns in the subsidiary. is there 100% then dominance is presumed.

2. principal and agent
   -as one undertaking = not applicable.
   -some commercial risk = also no.
   - an association undertakings. wouters case= same general type *umberalla organisations (KNVB).

Question 31

When does an undertaking has a dominant position in the market? under article 102 TFEU?

Answer 31

To determine if there is an dominance you must follow 2 steps.

1. market definition
   1) relevant market:
   -demand subsidiarity (you have to make the snip test for that consumers switch the product.
   -supply substitutability: par 20: switch products by producer

geographic market
-snipp test

Question 32

When does an undertaking have power on the market under article 102 TFEU?

Answer 32

1. market shares: akzo par 60 (50%)
2. barriers (higher barriers likely dominance
3. countervailing buyer: je bent afhankelijkvan winkels zoal Spa die afhankelijk is van winkels.

Question 33

When is an undertaking abusing its dominance under article 102 TFEU

Answer 33

-predatory pricing = para 70 akzo case: prices below average variable cost.
-refusal to supply =bronner case: indispensable incapable objective justification, elimante effective
-tyinh and bundling = deliver just one product. tied product seperate product.
-dominant tying market
not choice customers to buy product alone
-forecloses competition

Question 34

When will there be a abuse effect betwee member state under article 102 TFEU?

Answer 34

When there is an appreciable effect between ms –> pattern test
- impact on exchange of goods –> yes or no?

Question 35

What can justify the abusive of an undertaking under article 102 TFEU?

Answer 35

If there are the follow conditions then the justification is met.

1. objective necessity effect
   - there must be a legitimate public interest.
   -objective factors
   without conduct cannot product or distribute.
2. meeting competition defense(proportionality test
   - suitable to achieve legitimate aim
   - indispensable (onmisbaar)
   -not distort competition
3. efficency defence
   -counteract
   -be brought because conduct
   -necessary of achievement efficiency gains
   -conduct necessary
   -conduct not eliniminate

Question 36

What is the core rule of post denmark 1 case?

Answer 36

abuse dominance –> lower prices is good. about company who can lower their prices without any failure.

Question 37

What is the core rule of the Akzo case?

Answer 37

market shares of 50% rebuttal presumption dominance market price below AVC predatory (roofzuchtig)

Question 38

What is the cor rule of the Oscar Bronner case

Answer 38

acces to the market when violatiing –> acces must be indispensable, refusal must be oncapable, eliminate (verwijderen) on the market

Question 39

What is the core rule of the google case?

Answer 39

dominance in searching result pages. no any efficiency gains could offset negative effect.

Question 40

When is EU law applicable for workers?

Answer 40

personal scope: nationality mS or coorperate is in a MS.

material scope: cross boder element + economic activity = for exchange remuneration.

Question 41

When is a person a worker under the EU law?

Answer 41

we have to look to Lawrie blum case = par 16 ‘community meaning’
1. person perform work = genuine and real (21)
2.remuneration = wages paid (22)
3. under supervision = dependent relationship.

Question 42

Which topics are mentioned in article 45 (2) TFEU