Law 2101 Quiz: Rules and Exemption under Art 81
Document Summary
81 (1), there always remains the possibility that it may be exempt under art. 1(2) of regulation 1/2003 provides that: agreements, decisions and concerted practices caught by art. 81 (1) of the treaty which satisfy the conditions of art. 81 (3) of the treaty shall not be prohibited, no prior decision to that effect being required" (emphasis added). While the block or group exemption regulations will continue to apply, undertakings which cannot take advantage of such a regulation no longer need the prior approval of the commission in order to be able to rely upon the art. In addition, regulation 1/2003 is a modernized form as it means decentralization, giving direct effect to art 81(3). Commission empowered to apply art. (3), but the national competition authorities and the courts of the member states are likewise empowered (arts 5 & 6 of reg.
