Notas para essay competiton law

Article 101.1 does offer examples of what amounts anticompetitve wxamples, such as price
fixing, …

Article 101 of the Treaty on the Functioning of the European Union (TFEU) prohibits any
agreements or cartels between Member States that could disrupt free competition
within the internal market. It was introduced as part of the EU’s general anti-trust rules
to prohibit ‘any agreement or concerted practice which is made between two or more
undertakings, which may affect trade between Member States and which has the object
or effect or preventing, restricting or distorting competition.’ [1] Article 101 was,
therefore, part of the EU’s drive towards ensuring that fair competition existed between
Member States. This was recognised by the European Commission when it was pointed
out that; ‘Article 101 is to protect effective competition by ensuring that markets
remain open and competitive.’[2] Any activity that would be likely to distort competition
with the EU is, therefore, prohibited by this Artic

Por tanto, cuatro son las condiciones que se deben cumplir exhaustivamente
para que un acuerdo entre empresas quede prohibido:

 Debe darse un “acuerdo”, «práctica concertada» entre empresas o una

«decisión adoptada por una asociación de empresas«;
 El acuerdo debe tener como objeto o efecto impedir, restringir o falsear la
competencia;

 Esto debe darse en el seno del mercado interior; y

 Ha de afectar el comercio entre los Estados miembros.

[t]‌‌he objective of Article [101] is to protect competition on the market as a means of enhancing
consumer welfare and of ensuring an efficient allocation of resources.

Article 101 tfeu: basic objective is preventing, prohibiting harmful agreements and
other forms of collusion betweenindependeant market operators in horizontal and
vertical agreemegts.

Agreement is dfined rather widely, so anh form of agreement that satisfies the
requierement whether it is oral, wiritng, informa. Crucial is if there is an agreement eg
commission vs Volkswagen, and comssion vs bayer, was making a medicine, the price
of the mediine was 40% higher than in Spain,