What Is The Main Source Of Eu Competition Law Regulating Agreements


With regard to abuses, three different forms can be identified that the European Commission and the courts have recognised. [48] First, there are abuses of exploitation in which a dominant company abuses its market position to exploit consumers, for example by reducing production and increasing the price of its goods or services. [49] Second, there are abuses of exclusion, which are conduct by a dominant undertaking that aims or has the effect of preventing the development of competition by excluding competitors. [50] Finally, there is a third possible category of abuse in the internal market concerning practices detrimental to the principles of the wider internal market, such as obstruction of parallel imports or restriction of intra-brand competition. [51] Alleged loyalty programs equivalent in force to exclusive commercial agreements. EU and UK competition rules focus on the following areas: restrictions of competition contained in a vertical agreement may be exempted if they meet the criteria for a vertical block exemption (VABE) (which provides for a flat-rate exemption for agreements that meet certain criteria) or if they meet the criteria set out in Article 101, paragraph 3. (or, where applicable, the equivalent of the United Kingdom). Overall, the exemption under the VABE depends on the fact that the parties` market shares do not exceed 30 per cent, with none of the parties being classified as a “competitor” of the other parties and there are no “blacklisted” clauses, such as .B. The maintenance of resale prices, market sharing or certain forms of export ban.

Where it is not possible for a vertical agreement to benefit from an exemption under the VABE (e.B. because the relevant market share thresholds are exceeded), a thorough analysis needs to be carried out to determine whether the individual exemption criteria are met. EU competition law will no longer apply in the UK after 31 December 2020 and the UK competition authority and courts will no longer apply it. However, EU competition law in force before that date, including the historical case law of European courts, will continue to be considered a “retained EU law” in the UK. This means that UK competition law will continue to be interpreted in accordance with EU law and pre-Brexit case law. In the future, however, some UK courts may deviate from EU law retained in certain circumstances. `Any agreement between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and the object or effect of which is to prevent, restrict or distort competition within the common market.` Article 101(1) of the Treaty on the Functioning of the European Union (TFEU) prohibits agreements between two or more undertakings, decisions by associations of undertakings or concerted practices: in addition, certain agreements are not considered to be infringements if they are of minor importance and have little impact on the market (de minimis principle), even if they fulfil the conditions for exemption laid down in Article 101, paragraph 1. 3 TFEU (hereinafter referred to as `agreements of minor importance`). . . .

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