This chapter considers the general principles of the application of Article 101 TFEU. Article 101 TFEU applies to joint, coordinated conduct understood in a broad sense to catch agreements, decisions by associations of undertakings, and concerted practices. The most important question is that of whether there is in the conduct a prevention, restriction, or distortion of competition within the meaning of Article 101(1) TFEU. Some forms of conduct, such as horizontal price fixing, are generally deemed to be anticompetitive by object; others, such as vertical distribution agreements, must be analysed in order to determine the competitive effects of the conduct. For the prohibition to apply, there must be an effect on trade between Member States. Article 101 TFEU has direct effect, and conduct prohibited is illegal without any decision to that effect being necessary.
Chapter
This chapter is concerned with the prohibition of cartels, also referred to as ‘hard-core’ horizontal agreements. The chapter begins with a discussion of the widespread consensus among competition authorities worldwide that cartels should be condemned, and gives examples of recent enforcement that has led to the imposition of significant fines and sentences of imprisonment. It also looks at the European Commission’s enforcement activity in relation to cartels. The chapter then considers the application of Article 101 to particular types of cartels: price fixing, market sharing, production quotas and other hard-core cartel practices. The final section of the chapter looks at anti-cartel enforcement and judicial practice in the UK.
Chapter
This chapter is concerned with the prohibition of cartels. It begins with a discussion of the widespread consensus among competition authorities worldwide that cartels should be condemned, and gives examples of recent enforcement that led to the imposition of significant fines and sentences of imprisonment. It also looks at anti-cartel enforcement in the EU. The chapter then considers the application of Article 101 to particular types of cartels: price fixing, market sharing, production quotas and other ‘hard-core’ cartel practices. The final section of this chapter looks at anti-cartel enforcement in the UK.
