Law 5110 Study Guide - Quiz Guide: Counterexample, Rebuttable Presumption, Price Fixing
Document Summary
101(1) tfeu prohibits collusions which affect trade between ms and restricts competition (art. 101(1)(a) - (e) tfeu contains a non-exhaustive list of types of agreement to which. 101(2) tfeu lays down the consequence for breach of art. 101 tfeu: automatically void (see cases 56 & 58/64 consten & grundig: art. 101 tfeu may be held inapplicable to agreements if certain conditions are satisfied. If any one element is missing, there is no restriction of competition effects may be exempt (101-3 tfeu or block exemption) The block exemption regulation is an exemption in a business line or industry, which debars organizations in the industry from some business activities in order to create competition!! Undertaking: the relation between parent company and subsidiaries. Would an agreement between a parent company and its subsidiary fall under art. 101: competition rules are not applicable to activities in the exercise of official authority irrespective of whether the activities were exercised by a public or private undertaking.
