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European Union Law - Article 101(1) Treaty on the Functioning of the European Union - Assignment Example

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European Union Law - Article 101(1) Treaty on the Functioning of the European Union

Regulation makes light commission’s administrative power and allows it to focus its resources on execution of the most severe competition infringements. It also increases the part played by national completion authorities (NCA) and national courts in enforcing EU competition law therefore warranting an effective and even application (Cavicchiolli 1991). This essay focuses on article 101 its effectiveness in controlling anti-competitive behavior. With regard to products entering the market through distributers in the member states, article 101 stipulates the prohibitions viewed as incompatible with the internal market. The main EU competition rules are encompassed in article 101(treaty on the functioning of the European Union TFEU) which covers anti-competitive agreement. These are agreements that fixes prices in the market, actions that prevents the supply of goods to competitors, agreements to share markets on agreed geographic lines and abuse of dominant position 1964 (Kimmer 2011). Some groups assert that the law serves as elimination for substandard firms that are non-competitive and stands in the way of free flow of goods and services. ...
Coincidental price increase or reduction will not itself uphold as a concerted activity. There should thus, be proof that the parties involved were knowledgeable of the fact that their actions may destabilize the normalcy of competition operation within the internal market (Okeoghene, 2006). In accordance to article 101 there are actions (relevant to both vertical and horizontal agreements) that are prescribed as being unsuitable for the internal market. These are; all the agreements made between undertakings -form of cooperation (contact) between UT, which, without having reached the stage where a formal agreement properly so called has been concluded, knowingly substitutes practical cooperation between them for the risks of competition. Decisions made by associations - covers decisions taken collectively by a trade association and non-binding recommendations (Chris 2009). If normally complied with and any concerted practice- this is any form of cooperation (contact) between UT which, without having reached the stage where a formal agreement properly so called has been concluded, knowingly substitutes practical cooperation between them and risks of competition that are likely influence trade between member states and which hold their object. It also covers the inhibition, restraint or deformation of competitive forces in the internal market. Particularly those that directly or indirectly fix trading condition, share markets or share sources of supply, limit or regulate markets or production, apply uneven conditions to similar transactions with other trading parties and in turn placing them at a competitive inconvenience. Also those that make conclusion of contracts bound by the recognition of third parties with additional obligations with no connection to the ...Show more

Summary

WITH REGARD TO PRODUCTS ENTERING THE MARKET THROUGH DISTRIBUTORS, HOW EFFECTIVE ARE THE RESTRICTIONS IN ARTICLE 101(1) TFEU IN COMBATING ANTI-COMPETITIVE BEHAVIOR Name: Tutor: Course: College: Date Anti-competitive behavior in market makes it possible for companies to abuse a particular dominant market position…
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European Union Law - Article 101(1) Treaty on the Functioning of the European Union essay example
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