p. 1554. Article 101 TFEU: The Elements
- Alison Jones, Alison JonesSolicitor, Professor of Law, King’s College London
- Brenda SufrinBrenda SufrinSolicitor, Emeritus Professor of Law, University of Bristol
- and Niamh DunneNiamh DunneSolicitor, Associate Professor of Law, London School of Economics
Abstract
This chapter discusses the text and scheme of Article 101 which prohibits agreements, decisions, and concerted practices which restrict competition and affect trade between Member States. It explains the terms employed in Article 101(1) and how they are interpreted and applied. In particular, it discusses: the meaning of ‘undertaking’ and ‘association of undertakings’, including the concepts of ‘economic activities’ and of a ‘single economic entity’; the meaning of ‘agreement’ including the coverage of both horizontal and vertical agreements; the meaning of ‘concerted practice’; the meaning of ‘decisions by associations of undertakings’; the application of Article 101(1) to complex arrangements and single continuous infringements; and the meaning of an appreciable effect on trade between Member States.
