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EU · Year 3 · EU Competition Law

Articles 101 & 102

Cartels, dominance and enforcement.

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  1. 1.Article 101 TFEU?

    Prohibits agreements between undertakings, decisions by associations and concerted practices that may affect trade between Member States and have as their object or effect the restriction of competition (exemption under Art 101(3)).

    Art 101 TFEU

  2. 2.Article 102 TFEU?

    Prohibits abuse by one or more undertakings of a dominant position within the internal market or a substantial part of it.

    Art 102 TFEU

  3. 3.United Brands (Case 27/76, 1978) — definition of dominance?

    A position of economic strength enabling an undertaking to prevent effective competition by behaving to an appreciable extent independently of competitors, customers and consumers.

    Case 27/76, EU:C:1978:22

  4. 4.Which regulation governs enforcement of Arts 101 and 102?

    Regulation 1/2003, which decentralised enforcement and allows fines of up to 10% of total annual turnover.

    Council Regulation (EC) No 1/2003

  5. 5.Google Shopping (Case C-48/22 P, 2024) — outcome?

    The Court of Justice upheld the Commission's €2.42 billion fine for Google's self-preferencing of its comparison shopping service.

    Case C-48/22 P, judgment of 10 September 2024

  6. 6.Which regulation governs EU merger control?

    The EU Merger Regulation, Council Regulation (EC) No 139/2004.

    Regulation (EC) No 139/2004