Comments (1) Cite this document
EU Competition Law By Course and code Date Name of of Institute Executive Summary This paper shall analyze the extent to which the concept of an “agreement between undertakings”, for the purposes of Art 101(1) TFEU, has become so broad as to render the requirement for a “concurrence of wills” between at least two undertakings almost meaningless…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER94.7% of users find it useful
Read TextPreview

Extract of sample "EU COMPETITION LAW"

Download file to see previous pages For a better understanding, the paper will first approach the legal interpretation of concurrence of wills as provide for in Article 81 of EC. Introduction: Understanding Concurrence of Wills as Per Article 81 of EC The EU competition law does not any distinctions otherwise referred to as formalistic between any two varied forms of collaboration within the provisions of Article 81 of the EC law. One may find reference to this in the case involving Volkswagen v Commission1. The concept of agreement, within the interpretation of this article, on the existence of the concurrence of wills, explores different possibilities of trade and sales relations between two or more parties. The article provides that form in which the concurrence of wills manifests itself remains vital provided it is in utmost good faith by parties involved (Office of Fair Trading, 2010, p. 12). In other words, the article also implies that courts shall construe agreements to mean concurrence of wills. One may also interpret the article to understand agreements as to mean existence of a common intention between two or more parties. ...
Convergence of interest to promote commerce within the provisions of accepted form of competitions such a mergers and collusions. The EU Article 81 interprets collusion in terms of jurisdiction functions rather than in substantive function. The problem is that collusion, under Article 81, does not hold given that it is never jurisdiction in many cases but substantive. Provisions of Article 101(1) TFEU The Treaty on the Functioning of the European Union, Art 101(1) TFEU, takes any agreements between undertakings, decisions by association of undertakings and concerted practices to mean agreements. For better understanding, the article also takes such agreements to mean Horizontal Corporation. In addition to that, clarification, the article also defines Horizontal Corporation to mean any agreement into which actual competitors or potential competitors enter. The article also covers two companies that deal in the same line of the product, though, in different geographical conditions (Office of Fair Trading, 2010, p. 21). For the purposes of Art 101(1) TFEU, one expects the article to assess an agreement between undertakings. This is because an agreement is capable of affecting trade between member states. The article assess whether an agreement has elements of an anti-competitive object on competition. It also assesses whether an agreement an actual or potential restrictive effect on competition. In case a court determines an agreement as restrictive of competition within the provisions and interpretation of Article 101 (1), then Article 101 (3) comes into force. The function of article 101(3) is to assess the extent to which the agreement may provide for pro-competitive advantage over the restrictive nature so determined under Article ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“EU COMPETITION LAW Essay Example | Topics and Well Written Essays - 2500 words”, n.d.)
Retrieved from
(EU COMPETITION LAW Essay Example | Topics and Well Written Essays - 2500 Words)
“EU COMPETITION LAW Essay Example | Topics and Well Written Essays - 2500 Words”, n.d.
  • Cited: 0 times
Comments (1)
Click to create a comment or rate a document
sigurdbradtke added comment 1 year ago
Student rated this paper as
The topic of "EU COMPETITION LAW" is quite popular among the tasks in high school. Still, this text opens a brand new perspective of seeing the problem. I’ll use the manner for my own document.


EU law

...?EU law Introduction Article 189 of Treaty of Rome provides for a directive of the European Union to be binding on Member s with flexibility have their legal text of their transposition according to their national peculiarities. In other words it can be so worded so as to be compatible with their national legislation. The aim of a directive is achieve the substance rather than the form. Thus, Member States are free to achieve the end-result required by a directive in suitably incorporating in their national laws.1 Case discussion with relevant legal principles Although the employer has allowed rest period 10 minutes as permitted in Estate Facilitators Act 1965 as against 15 minutes...
7 Pages(1750 words)Essay

EU Law

...prohibiting fur farming and restricting the entry of fur products in its territory is indeed a hindrance to competition. It is clear that its intention is to impede, prevent or reduce patronage of products source from other Member States which is contrary to the EU’s objective of a single and integrated market. This would promote locally produce products giving it undue economic advantage. Thus, the act of Sagoland falls within the prohibition of Article 34 TFEU. II. Measures of another Member State to protect the health and life of the animals found in the other Member State cannot be justified under Article 36 TFEU. National law of Sagoland intended to protect the life and health of...
20 Pages(5000 words)Essay

He ability of private individuals to seek damages for breaches in the EU competition law

...?Client’s 11 January A plethora of changes have taken place in the last decade, several changes have also been made to the European Union Law, this paper will shed more light upon the ability of private individuals to seek damages for breaches in the EU competition law. The obstacles in claiming to bring private actions for enforcing EU competition law would be discussed extensively in this paper. Focus will also be upon some major development in three of the Member States namely Germany, UK and Italy. Since last twenty years, the enforcement of European competition law has major changes. Particularly the enactment of Regulation 1/2003 that brought a remarkable shift towards the decentralized enforcement of the competition rules... and the...
15 Pages(3750 words)Essay

EU law

...? EU LAW –AN ANALYSIS Problem A In European Union, the most important legislative instruments are regulations and directives. A regulation is a general rule that is obligating upon member nations in whole and is directly applicable to all member states. Obligating in whole connotes that the member states has no preference as to method and form. On the other hand, directives are general rule, but they are binding as to their result. For each member state, it is expected, a directive is obligating as to the outcome to be accomplished. As to the choice to method and form, the institutions of the member states can exercise their power. There is less clarity about their direct impact due to the wider policy...
11 Pages(2750 words)Assignment

EU Competition law and Cartels

...EU Competition law and Cartels Introduction The European Commission adopted a decision setting a cartel case in which Procter and Gamble, Unilever and Henkel were involved. The product markets involved the household laundry powder detergent in Belgium, Germany, France, Greece, Italy, Portugal, Netherlands and Spain. In the final outcome, Procter and Gamble and Unilever paid a reduced fine of EUR 315 200 000 while Henkel benefitted from immunity as the whistleblower. The Treaty of Lisbon prohibits anti-competitive practices under Article 101 (1) including any agreements relating to price-fixing. However, Article 103 (3) provides for exemptions if the market collusion is...
10 Pages(2500 words)Essay

EU Law

...?EU Law: Katisa and Elijah The main issues for Katisa and Elijah are the free movement of goods, services and people within the single market of the EU and EU law relating to the direct effect of the Directive. Katisa’s issues falls more broadly within the EU’s general prohibition against quantitative restrictions in support of a single market.1 As Kennedy argues, the free movement of goods is “one of the principle features of the EU.”2 The law relating to quantitative restrictions is contained in Articles 34-36 of the Treaty on the Functioning of the European Union (TEFU), formerly 28-30. Article...
3 Pages(750 words)Coursework

EU Law

...other commercial organisation importing clementines. The applicant could not show that it was specifically discriminated against. However, in Cordorniu although the Court of Justice held that the Regulation was generally applicable the applicant was successful as it was able to show an infringement of its trade mark rights which the Regulation would have overridden. Therefore it is submitted that in view of the fact that the Regulation is generalised in its application and that neither party can show direct discrimination, their application(s) must fail. Bibliography Craig, P and De Burca G, (2002), EU Law, Text, Cases and Materials, OUP Charles and Dilshad: Case-C188/89 A Foster and Others v...
10 Pages(2500 words)Essay

EU law

...EUROPEAN UNION LAWS Question Under the European Union (EU) laws, a directive is an instrument, directing its Member Countries to perform wholly, the instructions mentioned in the said Directive and this shall be binding and mandatory on such Member States. Directives issued by EU need to be enforced by Member countries; there are seemingly no escapes, however, its modalities and modus operandi are subject matters to be decided by its National Courts and law makers. Norms of enforcement: However, what is important is that directives cannot be ignored, brushed aside or partially enforced by Member States, nor any compromises made on its practical...
9 Pages(2250 words)Essay

Competition Law

...Competition Law Introduction Competition law is enacted to regulate anticompetitive conduct by companies. The procedure of regulation encourages fair competition, restricts unfair competition practices and promotes a competition environment, which is equitable. In Russia and China, competition law is known as anti-monopoly law. In the United States, it is known as antitrust law. The implementation of competition law is primarily through private and public enforcement. The pivotal purpose of the...
6 Pages(1500 words)Essay

EU Competition Law

...EU Competition Law Introduction A free market creates a competitive game for business. Businesses find themselves in temptation to avoid competition and create their own rules in the market. Players in the market undertake measures that are meant to outdo small competitors. These unethical practices in the industry have made the European Commission to play a key role of ensuring fair play. It does not allow creation of cartels that make strong firms to control the market in terms of price fixing and removing any form of competition with such competition cartels are able to set high prices for low quality products. These...
17 Pages(4250 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic EU COMPETITION LAW for FREE!

Contact Us