When a cartel agreement restricts competition?

As you may know the EU law prevail over national law of Member States. This is a very important factor and helps greatly to the unification of jurisprudence in all Member States.  Over the years, it proved to be particularly important for case law on tax matters and issues related to the protection of competition.

The fact that the undertaking concerned by the a cartel agreement, which aims to restrict competition at the time of the conclusion of the cartel operates in the market in a way that is claimed to be unlawful is irrelevant for determining whether that a cartel agreement infringed Article 101 TFEU. In this context I suggest you to look at the findings of the European Court of Justice in Case C-68/12.

David Simonds watchdogs

David Simonds watchdogs

In Case C-68/12 (Protimonopolný úrad Slovenskej republiky / Slovenská sporite??a as) CJEU concludes that in respect to finding that a restrictive agreement is not necessary to prove the existence of personal actions of the legal representative of a company or individual approved by the agent in the form of authorization of the actions of its employee who was involved in anti-competitive appointment.

Settled according to case-law, where it is established that an undertaking has participated in meetings with competitors who are anti-competitive in the weight of this company is to point data based on which it can be assumed that its participation in those meetings was without any anti and prove that it is indicated to its competitors that it was participating in those meetings in a spirit that was different from theirs.

To render it impossible participation of an undertaking in such a meeting be considered tacit approval of an unlawful initiative, nor to join its outcome, it is necessary that undertaking to distinguish open from this initiative so that other participants understand that it discontinue participation or she would tell her administrative authorities.

According to the Court, Article 101, paragraph 3 TFEU may apply to prohibited by Article 101 paragraph 1 TFEU agreement only when the entity that relies on this provision, it is proved that the four cumulative conditions laid down in this Article.

1 comment to When a cartel agreement restricts competition?

  • [...] As you may know the EU law prevail over national law of Member States. This is a very important factor and helps greatly to the unification of jurisprudence in all Member States. Over the years, it proved to be particularly important for case law on tax matters and issues related to the protection of competition.  [...]