EU Law, 2009: Difference between revisions

From AntitrustWorldWiki
Jump to navigation Jump to search
← Older editNewer edit →
Jlee (talk | contribs)
62 edits
No edit summary
Jlee (talk | contribs)
62 edits
No edit summary
Line 118: Line 118:
| Limits Access
| Limits Access
| 1
| 1
| Article 82(b) of the EC treaty prohibits limiting production.
| Article 102(b) of the TEFF prohibits limiting production.
|-
|-
Line 124: Line 124:
| Abusive Acts
| Abusive Acts
| 1
| 1
| Article 82 of the EC treaty prohibits abuse of a dominant position.
| Article 102 of the TEFF prohibits abuse of a dominant position.


|-
|-
Line 130: Line 130:
| Price Setting
| Price Setting
| 1
| 1
| Article 82(a) of the EC treaty prohibits price setting.
| Article 102(a) of the TEFF prohibits price setting.


|-
|-
Line 136: Line 136:
| Discriminatory Pricing
| Discriminatory Pricing
| 1
| 1
| Article 82(c) of the EC treaty prohibits discriminatory conditions.
| Article 102(c) of the TEFF prohibits discriminatory conditions.
|-
|-
Line 142: Line 142:
| Resale Price Maintenance
| Resale Price Maintenance
| 1
| 1
| Article 82(a) of the EC treaty prohibits resale price maintenance.
| Article 102(a) of the TEFF prohibits resale price maintenance.
|-
|-
Line 148: Line 148:
| Obstacles to Entry
| Obstacles to Entry
| 1
| 1
| Article 82 of the EC treaty prohibits using predatory pricing to  drive competitors from the market<ref>See the EC antitrust overview, at http://ec.europa.eu/comm/competition/antitrust/overview_en.html</ref>
| Article 102 of the TEFF prohibits using predatory pricing to  drive competitors from the market<ref>See the EC antitrust overview, at http://ec.europa.eu/comm/competition/antitrust/overview_en.html</ref>
|-
|-
Line 160: Line 160:
| Price Fixing
| Price Fixing
| 1
| 1
| Article 81(1)(a) of the EC treaty prohibits price fixing.
| Article 101(1)(a) of the TEFF prohibits price fixing.
|-
|-
Line 166: Line 166:
| Tying
| Tying
| 1
| 1
| Article 81(1)(e) of the EC treaty prohibits tying.
| Article 101(1)(e) of the TEFF prohibits tying.
|-
|-
Line 172: Line 172:
| Market Division
| Market Division
| 1
| 1
| Article 81 of the EC treaty prohibits market division<ref>Although the wording of the treaty seems to apply to market sharing, the EC also considers market division illegal. See the EU press release at http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/07/29&format=HTML&aged=0&language=EN&guiLanguage=en</ref>
| Article 101 of the TEFF prohibits market division<ref>Although the wording of the treaty seems to apply to market sharing, the EC also considers market division illegal. See the EU press release at  
 
http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/07/29&format=HTML&aged=0&language=EN&guiLanguage=en</ref>


|-
|-
|  
|  
| Output Restraint
| Output Restraint
| 1
| 1
| Article 81(1)(b)of the EC treaty prohibits limiting production.
| Article 101(1)(b)of the TEFF prohibits limiting production.
|-
|-
Line 185: Line 186:
| Market Sharing
| Market Sharing
| 1
| 1
| Article 81(1)(c)of the EC treaty prohibits market sharing.
| Article 101(1)(c)of the TEFF prohibits market sharing.
|-
|-
Line 191: Line 192:
| Eliminating Competitors
| Eliminating Competitors
| 1
| 1
| Article 81(1) of the EC treaty prohibits agreements that have the purpose or effect of eliminating competition.
| Article 101(1) of the TEFF prohibits agreements that have the purpose or effect of eliminating competition.
|-
|-
Line 197: Line 198:
| Collusive Tendering/Bid-Rigging
| Collusive Tendering/Bid-Rigging
| 1
| 1
| Article 81 of the EC treaty prohibits bid-rigging.<ref>Although not explicitly stated in the statute, bid-rigging is considered anti-competitive behavior. See the case involving gas insulated switchgear, at http://europa.eu/rapid/pressReleasesAction.do?reference=IP/07/80&format=HTML&aged=0&language=EN&guiLanguage=en</ref>
| Article 101 of the TEFF prohibits bid-rigging.<ref>Although not explicitly stated in the statute, bid-rigging is considered anti-competitive behavior. See the case involving gas insulated switchgear, at  
 
http://europa.eu/rapid/pressReleasesAction.do?reference=IP/07/80&format=HTML&aged=0&language=EN&guiLanguage=en</ref>
|-
|-
Line 203: Line 206:
| Supply Refusal
| Supply Refusal
| 1
| 1
| Article 81(1)(b) bans refusal to supply.
| Article 101(1)(b) bans refusal to supply.
|-
|-
Line 209: Line 212:
| Efficiency Defense
| Efficiency Defense
| 1
| 1
| Article 81(3)of the EC treaty allows an efficiency defense.
| Article 101(3)of the TEFF allows an efficiency defense.
|}
|}

Revision as of 23:12, 6 December 2010

Score = 27

Governed by:

  • EU law:
  • Articles 101[1] and 102[2] of the TFEU.
  • Council Regulation (EC) No 1/2003 of 16 December 2002 [3] and
Note: With effect from 1 December 2009, Articles 81 and 82 of the EC Treaty have become Articles 101 and 102 respectively of the TFEU.
Category Subcategory Score Comment
Scope Extraterritoriality 1 EU law governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.
Remedies Fines 1 Council Regulation 1/2003 (Chapter VI, Articles 23 and 24)
Prison Sentences 0
Divestitures 1 Article 8(4) of Regulation 139/2004 (EC Merger Regulation).
Private Enforcement 3rd Party Initiation 1 Council Regulation 1/2003 (Chapter III, Article 7(2))
Remedies Available to 3rd Parties 1 Private enforcement of Articles 81 and 82 of the EC treaty is mandated and encouraged by the European Commission.[4]
3rd Party Rights in Proceedings 1 Council Regulation 1/2003 (Chapter VIII, Article 3)) - 3rd parties may be heard by the Comission in proceedings; interested 3rd parties have the right to be heard in merger assessment proceedings (preamble to EC Merger Control Regulation 139/2004, para. 38)
Merger Notification[5] Voluntary 0
Mandatory 3 Article 4(1), Articles 6 and 7 of EC Merger Regulation 139/2004.
Pre-merger 2 Article 4(1), Articles 6 and 7 of EC Merger Regulation 139/2004.
Post-merger 0
Merger Assessment Dominance 1 EC Merger Control Regulation 139/2004, Article 2(1)(b), 2(2) and 2(3)
Restriction of Competition 1 EC Merger Control Regulation 139/2004, Article 2(1), 2(2) and 2(3)
Public Interest (Pro D) 1 EC Merger Control Regulation 139/2004, Article 2(1)(b)
Public Interest (Pro Authority) 0 EC Merger Control Regulation 139/2004, Article 2(1)(b)
Other 0
Efficiency 0 Preamble to EC Merger Control Regulation 139/2004
Dominance Limits Access 1 Article 102(b) of the TEFF prohibits limiting production.
Abusive Acts 1 Article 102 of the TEFF prohibits abuse of a dominant position.
Price Setting 1 Article 102(a) of the TEFF prohibits price setting.
Discriminatory Pricing 1 Article 102(c) of the TEFF prohibits discriminatory conditions.
Resale Price Maintenance 1 Article 102(a) of the TEFF prohibits resale price maintenance.
Obstacles to Entry 1 Article 102 of the TEFF prohibits using predatory pricing to drive competitors from the market[6]
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 101(1)(a) of the TEFF prohibits price fixing.
Tying 1 Article 101(1)(e) of the TEFF prohibits tying.
Market Division 1 Article 101 of the TEFF prohibits market division[7]
Output Restraint 1 Article 101(1)(b)of the TEFF prohibits limiting production.
Market Sharing 1 Article 101(1)(c)of the TEFF prohibits market sharing.
Eliminating Competitors 1 Article 101(1) of the TEFF prohibits agreements that have the purpose or effect of eliminating competition.
Collusive Tendering/Bid-Rigging 1 Article 101 of the TEFF prohibits bid-rigging.[8]
Supply Refusal 1 Article 101(1)(b) bans refusal to supply.
Efficiency Defense 1 Article 101(3)of the TEFF allows an efficiency defense.

References

  1. ↑ available from the EC at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:12008E101:EN:NOT
  2. ↑ available from the EC at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:12008E102:EN:NOT
  3. ↑ Available at http://ec.europa.eu/competition/antitrust/legislation/regulations.html
  4. ↑ http://ec.europa.eu/comm/competition/antitrust/actionsdamages/files_white_paper/whitepaper_en.pdf
  5. ↑ The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.
  6. ↑ See the EC antitrust overview, at http://ec.europa.eu/comm/competition/antitrust/overview_en.html
  7. ↑ Although the wording of the treaty seems to apply to market sharing, the EC also considers market division illegal. See the EU press release at http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/07/29&format=HTML&aged=0&language=EN&guiLanguage=en
  8. ↑ Although not explicitly stated in the statute, bid-rigging is considered anti-competitive behavior. See the case involving gas insulated switchgear, at http://europa.eu/rapid/pressReleasesAction.do?reference=IP/07/80&format=HTML&aged=0&language=EN&guiLanguage=en
Retrieved from "https://antitrustworldwiki.com/antitrustwiki/index.php?title=EU_Law,_2009&oldid=3709"