p. 1554. Article 101(3)
- 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 examines Article 101(3) of the Treaty of Functioning of the European Union (TFEU). Article 101(3) provides a ‘legal exception’ to the prohibition in Article 101(1) by providing that it may be declared inapplicable in respect of agreements, decisions or concerted practices, or of categories of agreements, decisions or concerted practices, that satisfy four conditions. After making some preliminary comments on the application of Article 101(3), this chapter discusses the four conditions in Article 101(3). It then considers the implications of Regulation 1/2003 for undertakings and their professional advisers, and in particular their need to ‘self-assess’ the application of Article 101(3) to agreements. The final section of this chapter describes the system of so-called ‘block exemptions’.
Keywords
- Article 101(3)
- Burden of proof
- Standard of proof
- Restrictions by object
- Fixing prices
- Objective advantages
- Economic benefits
- Non-economic benefits
- Economic efficiency
- Industrial policy
- Environmental protection
- Employment
- Regional policy
- Cultural policy
- Solidarity in sport
- Public interest
- Fair share for consumers
- Indispensability
- Substantial elimination of competition
- Regulation 1/2003
- Block exemptions
