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What is Article 101(3) of the TFEU?

Article 101 (3) of the TFEU acknowledges that, and exempts those agreements of the prohibition of Article 101 (1). To satisfy Article 101 (3), an agreement must satisfy four cumulative conditions: It must contribute to improving the production or distribution of goods or contribute to promoting technical or economic progress,

How is Article 101 (3) applied?

Article 101 (3) can be applied in individual cases or to categories of agreements and concerted practices by way of block exemption regulation. The 2004 guidelines set out the Commission's interpretation of the conditions for exception contained in Article 101 (3) and provide guidance on how it will apply Article 101 in individual cases.

Does Article 101 TFEU ban cartels?

Article 101 TFEU does not specifically ban cartels, instead declaring as illegal all "agreements, decisions and concerted practices" which are anti-competitive and which distort the single market. The term "undertaking" is a Eurospeak word for any person (s) or firms in an enterprise, and is used to describe those "engaged in an economic activity".

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...


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