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(p. 137) 4. Article 101 TFEU: The Elements 

(p. 137) 4. Article 101 TFEU: The Elements
(p. 137) 4. Article 101 TFEU: The Elements

Alison Jones

, Brenda Sufrin

, and Niamh Dunne

Page of

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date: 07 March 2021

This chapter discusses the text and scheme of Article 101 which prohibits agreements, decisions and concerted practices which restrict competition and may affect trade between Member States. It explains the terms employed in Article 101(1) and how they are interpreted and applied. This entails a discussion of 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.

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