Law 5110 Study Guide - Quiz Guide: Price Fixing, Parker Pen Company, Effective Competition
Document Summary
Development of the cjeu case law: case 56/65 societe la techinque miniere v maschinenbau ulm gmbh [1966] (stm)** Competition" in this respect refers to the competition in the actual context in which it would occur in the absence of the agreement in dispute. Stm case: cjeu held that the art 101 requirements were to be read separately: if object anti - comp, the agreement was in violation without needing further analysis. Factors to assess the anti-comp objective of an agreement : content, objective + economic & legal context of which it forms a part (parties intention not necessary but may be considered) Certain forms of collusion can be regarded by their very nature as being injurious to the proper functioning of normal competition. " (case c-209/07 competition authority v beef industry. = horizontal price fixing, market division, collective boycotts automatically condemned without further market analysis (case t-77/92 parker pen ltd v commission [1994])
