Article 101(1)

Undertaking
Every entity engaged in an economic activity, regardless of legal status and the way it is financed
(Höfner and Elser v Macrotron GmbH)

Agreements between Undertakings Decisions of Associations of Concerted Practices

Undertakings A form of coordination which knowingly
substitutes practical cooperation for the
risks of competition.
(ICI Ltd v Commission (Dyestuffs))

May Affect Trade Between Member States

Actual or Potential (Société Technique Minière)

Object or effect
= the prevention, restriction or distortion of competition within the common market (Art. 101(1))
• Examples in paras (a) to (e)

Rule of Reason? De Minimis

• Société Technique Minière • Völk v Vervaeck
• But denied in Métropole Télévision • Commission Notice on Agreements of
Minor Importance
Article 101(3)

Exemptions
Article 101(1) inapplicable.

Block Exemptions Individual Exemptions

• Exempt categories of agreements, • Where agreement, decision or practice
decisions and practices (Article 101(3)) individually satisfies Article 101(3)
• Provided for by secondary legislation

Regulation 330/2010 Various Regulations Conditions

Vertical agreements
Provide for other Must: Must NOT:
categories
• Contribute • Impose restrictions which are not
– to improving the indispensable to these objectives;
production or distribution or
of goods; or • Afford possibility of eliminating
– to promoting technical or competition in respect of a
economic progress substantial part of the products
While allowing consumers a
fair share of the resulting
benefit