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What is the prohibition under Article 101(1) of the TFEU?

The prohibition under Article 101(1) Article 101(1) of the TFEU prohibits agreements and concerted practices between undertakings (or associations) which (i) may affect trade between Member States, and (ii) prevent, restrict or distort competition within the internal market either by object or effect.

What is Article 101 of the Treaty on the functioning of the EU?

Article 101 of the Treaty on the Functioning of the European Union (TFEU) prohibits any agreements or cartels between Member States that could disrupt free competition within the internal market. It was introduced as part of the EU's general anti-trust rules to prohibit 'any agreement or concerted practice which is...

Should beneficial aspects of the agreement be factored into the TFEU step?

However, arguments have been increasingly advanced suggesting that consideration of beneficial aspects of the agreement should be factored into the Article 101 (1) TFEU step—ie not exclusively at the Article 101 (3) TFEU stage.

What is the ‘rule of reason’ under Article 101 TFEU?

In this respect it is submitted that Article 101 (1) TFEU effectively involves a ‘rule of reason’ under which it is necessary to determine whether customers might be worse off but for the agreement (essentially a balancing exercise). See further: Cartes Bancaires and the object test and Effects analysis under Article 101 TFEU.


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