p. 833. Article 101(1)
- Richard WhishRichard WhishEmeritus Professor of Law at King’s College London
- , and David BaileyDavid BaileyProfessor of Practice in Competition Law at King’s College London
Abstract
This chapter discusses Article 101(1) of the Treaty of Functioning of the European Union (TFEU), which prohibits agreements, decisions by associations of undertakings, and concerted practices that restrict competition. It begins by explaining the meaning of ‘undertakings’ and ‘associations of undertakings’. It then considers what is meant by the terms ‘agreements’, ‘decisions’, and ‘concerted practices’, as well as what is meant by the phrase ‘have as their object or effect the prevention, restriction, and distortion of competition’. The chapter then deals with the de minimis doctrine, before explaining the requirement of an effect on trade between Member States. The chapter concludes with a checklist of agreements that, for a variety of reasons, normally fall outside Article 101(1).
Keywords
- Undertakings
- Association of undertakings
- Single economic entity
- Agreements
- Concerted practices
- Decisions of an association of undertakings
- Single and continuous infringement
- The object or effect the prevention
- restriction or distortion of competition
- Horizontal agreements
- Vertical agreements
- Potential competition
- Restrictions by object
- Restrictions by effect
- Counterfactual
- Rule of reason
- Objective necessity
- Wouters
- De minimis
- Effect on trade
