European Union Competition Law: Agreements, Abuses, Exemptions & Scope

This report provides a comprehensive analysis of European Union Competition Law, focusing on the diverse types of agreements subject to EU competition law and the types of abusive conduct prohibited under Article 102 TFEU. It critically examines the scope of EU competition law in dealing with these issues, evaluating the effectiveness of Articles 101 and 102 in curtailing infringements. The report also analyzes the main exemptions under EU competition law, explaining their application and effectiveness, while also considering their limitations. Furthermore, it outlines the effects of different commercial agreements on competition under EU law, identifies the main areas of law relevant to this area, and evaluates the scope of compliance with such laws by affected parties. The document is available on Desklib, a platform offering a wide range of study resources for students.

EUROPEAN UNION
COMPETITION LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
1.1 Diverse type of agreements that are subject to EU competition law....................................1
1.2 Types of abusive conduct that are subject to EU competition law.......................................1
1.3 Critically analyse the scope of EU competition law in dealing............................................2
TASK 2............................................................................................................................................3
2.1 Evaluate the different type of arrangements and abusive practices that violate articles 101
and 102........................................................................................................................................3
2.2 Access how effective articles are at curtailing such infringements......................................3
TASK 3............................................................................................................................................4
3.1 Analyse the main exemptions under EU competition law....................................................4
3.2 Explain the exemptions applied under EU competition law.................................................4
3.3 Evaluate the effectiveness of such exemptions.....................................................................5
3.4 Analyse the limitations of such exemptions..........................................................................5
TASK 4............................................................................................................................................6
4.1 Outline the effects different commercial agreements have no competition under EU law...6
4.2 Identify the main area of law relevant to this area................................................................6
4.4 Evaluate the scope compliance with the such laws by the affected parties..........................7
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8

INTRODUCTION
European competition law is the competition law used in the European union. It produces
rules and legislation in terms of managing the business operations and management of functions
of business in European union. This law was formed to make control and operate the competition
law with in the European union (Geradin, Layne-Farrar and Petit, 2012). To protect the rights of
competition with in the similar organisations and business European competition law is formed.
This law cover the rules and legislation European single market by controlling anti-competitive
conduct by organisations to assure monopolistic market environment. It is also defined that how
organisations are adapting the laws and legislations in terms of controlling the competition and
monopoly market.
TASK 1
1.1 Diverse type of agreements that are subject to EU competition law
Agreement is basically considered as an mutual consent between two parties which do
not get voidable until fulfilling the legal terms of subject to contract. Companies reveal the
existence of cartels to the commission can be benefit form either complete immunity. There are
legislations and rules are made in terms of competition agreements such as;
there is a category defined in terms of agreements comprises subject to summarise the
information and details in terms of legislations and rules. This mainly helps to define the
approaches and the agreements subject to nature and necessary subject to plainly anticompetitive
that no explain study of in terms of establishing the legislations. The agreements are divided in
two major parts such as
First categories agreements: these are the agreements which are considered as category
in terms of building the effective relation and benefits subject to define the management and
operations in organisational context (Akman, 2012).
Second category agreements: these are the agreements which are considered essential in
terms of making the legislations depends upon history of reason for the restraint. There are type
of agreements prepared in terms of bifurcating the information and details related to agreement.
1.2 Types of abusive conduct that are subject to EU competition law
As per article 102 TFY (Ex 82 EC, ex Article 86 EC)
Abusive Dominance is considered as an undertakings of a dominant place within internal
market or in a substantial part of prohibited as incompatible with in internal market and between
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member states. There are some essential factors are considered in this stage subject to forming
the legislation and rules regarding abusive dominance.
 Directly or indirectly magisterial slanted purchase or selling price or other unfair trading
situations.
 There are limited production, technical evolvement and market to the prejudice subject to
consumers and customers.
 Implementation of dissimilar conditions to equivalent transactions subject to other trading
organisations and parties and placing them at a competitive advantages.
 As per the conclusion of contracts there is an acceptance made in terms of other parties or
placing them at a competitive disadvantages are considered in this context.
There are some undertakings as article 102 and 101, ECJ definition which contains the concept
of undertaking encompasses every entity engaged in an economic activity (Smuda, 2013).
Regardless of the legal status of the entity.
1.3 Critically analyse the scope of EU competition law in dealing
It is the main part of that proper treatment and compensation provided to parties in loss
accruing station and analyse the functioning of the single market. European commission and
courts play vital role in terms of making the policies and rules in competitive business
environment. There is an analysis done in terms of making the legal structure for managing the
competitive market strategies and plans for internal markets. There are policies are made such as
'external consideration' into analysis.
Antitrust policy: article 101 and 102 TFEU in two core legal provisions are made
subject to internal market activities and the plans. This effect the production or distribution if
competition which in the internal market.
Castles: this is the most blatant example subject to infringement of antitrust rules is the
creation of a cartel between market competitors (Lundqvist, 2014).
Mergers: this is the main legal texts on merger subject to decisions are the EC merger
regulations 139/2004.
State aid: this contains three major aspects such a regional aid, sector specific aid,
horizontal aid.
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Liberalisation: it is associated with opening markets that were liberalised at some point I
terms of aviation and telecommunications. Network industries such as electricity, rail transport,
gas and postal services.
International dimension: this contains the mergers in terms of cartels, markets and
organisations remain effective and enforcement of EU competition policy. The commission
mainly cooperates with competition authorities outside the EU.
TASK 2
2.1 Evaluate the different type of arrangements and abusive practices that violate articles 101 and
102
Diverse nature is required to define the article in terms of abusive practices prohibited
when they are capable subject to having exclusionary in terms of capability and likelihood. There
are difference which do not exist subject to existence (Lindsay and Berridge, 2012). There are
potential aspects such as analysing the additional capabilities and likelihood. This contains the
major differences are defined which are as follows;
As per 101 the practices remain associated with sufficient anticompetitive effects are
plausible and prohibition to implement. The exchange of information does not affect the price in
the end and to be understood subject to court in Bananas.
As per 102 there is diversified there are diversified products are defined in terms of
making the legislations and rules. There are case laws such as Margin squeeze abuse, selective
price cuts.
2.2 Access how effective articles are at curtailing such infringements
Safeguards and policies are made to protect the rights of bearer there are some actions for
damage are defined such as;
 Damages directives
 Disclosure of evidence
 Collective redress
 Quantification of harm
Infringements of the EU antitrust rules are also defined in this context subject to Article
(101 and 102 TFEU). There are cartels or abuse of a dominant position in the market and are not
only detrimental for the economy (Bushell and Healy, 2013). Court justice of the European union
established that ant citizen and organisation has a right to full compensation subject to harm
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caused to them by an infringement of the EU antitrust rules. There are some main attributes
defined in this context such as directive 2014/104/EU on Antitrust Damages Actions, collective
redress, quantifying antitrust harm in damages action.
TASK 3
3.1 Analyse the main exemptions under EU competition law
There are some exemptions are given under competition act in European union. Since
204 there are some major aspects are defined in terms of managing the operations and
management of laws and legislations made to remove conflicts and issues related to EU
compensation act. It is essential in terms of making the taking decision as subject to framing the
rules related to competition law (Hussein, Manap and Nor, 2012). It is seen that the EU
compensation was mainly protected equally protected. As per national competition authorities
should have the powers when it is required in need.
All the important tools and risk not being equally well protected through the EU.
Competition authority also provides safeguard in terms of making the need to act. As per this
activity. There are type of strategies and plans are defined in terms of managing the operations
and management for better operation. New journal block exemption regulation less than one out
of ten state aid are measured in terms of making the measurement need to be notified subject to
approvals.
3.2 Explain the exemptions applied under EU competition law
There are some exemptions are made in terms of compensation such as :
 collective bargaining which allows employees to make union or groups to negotiate
wages and other conditions of employment.
 Association of fisherman is mainly negotiate the terms regarding buying and processing
of fist and travelling agents to dealing with prices and commission paid for domestic
flights and monopoly or near monopoly position of the domestic airline.
 There are limited exemption are provided for professional sports as financial institution
activities and products covered by intellectual property laws and legislations such as
(Patents, trademarks and copyrights)
 Competition act such as financial institutions are also defined in terms of managing the
operations and management in effective manner are also covered under competition act.
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 Economic activities allows to cover regulations and laws related to deferal and provincial
bodies as state actions. Competition act does not take any special aspects in terms of
making the guidelines and the structure for compensation and provides effective aids in
given duration.
 Merger enforcement guidelines provides legislations related to competition authority's
and approaches adopted as a total welfare approach. It mainly take in to consideration
both as a total welfare approach and the producer surplus. The negative balance in terms
of reduce the output remain high form the M&A transactions.
3.3 Evaluate the effectiveness of such exemptions
Effective implementation of rules and legislations in terms of getting exemption leads
organisation towards it's desired destination in internal market. As per survey it is seen that the
most of the competition laws whether specific or normal are provided I given situation and most
of them are worthy. There are also some essential aspects are defined in terms of managing and
comparing the sections for effective implementation of competition law. In general there are
merger enforcement guidelines are made in US and EU are extensive sets of exemption. While
the Sherman Act (1890), the Clayton Act (1914) and other legislation are not being list them.
There are areas cover under agriculture, defence mobilization, export trade associations,
insurance, labour, learned professions, marine insurance, newspaper joint operations, resale price
maintenance and small business concerns are considered in this context.
It is quite confirm that the effective implementation helps to achieve and fulfils the needs
of competitive business market. It is also observed that the main transactions remain related to
bifurcating the sections in separate parts.
3.4 Analyse the limitations of such exemptions
Competition act also provides rules and legislation such as copyright and neighbouring
rights in the digital environment as an international library perspective (2004) (Lundqvist, 2015).
international federation of library associations and institutions which represents the interest of
libraries and information as well as users such lawful, equitable access to knowledge and that
libraries play a pivotal role in this balance. There are some restrictions and legislations are also
associated with analysing the rules and legislations related to bifurcate the roles and liabilities in
such an manner so that commercial interest could be recovered. Rules and legislations only
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remain limited till the copyright duration remain in time and then after some subjects are also
considered in this context which imply the procedure and plans to matter.
It is seen that a balance between the interest of copyright owners in receiving fair reward
for their efforts and the interest of copyright user in receivable reasonable access to copyright
materials has been traditionally maintained in various effective options.
TASK 4
4.1 Outline the effects different commercial agreements have no competition under EU law
There are some areas required in terms of getting the benefits of EU rules actions and
invalid agreements. The European commission has the power to impose fines of up to 10% of an
undertakings turnover in the last financial year. Moreover it remain associated in managing the
prohibition cartels and restrictive agreements (under article 101 (1)) of the treaty on the
functioning of the European Union. National competition authorities as (NCAs) are some similar
power under national law. Companies which reveal the existence of cartels to the commission
can benefit form either complete immunity. A leniency applicant also reveal full details of the
cartel and cases and their involvement related to corporate fully with commission.
Article 101 (1) of the TFEU prohibits agreements between undertakings, decision by
association in terms of concerted practices. Which affect trade between members states and
which have as their object or effect the prevention, distortion and restriction of competition
within the European Union. In a particular prohibition also apply agreements and practice in
various manner. Article 101 (1) applies in terms of express written contacts, oral agreements,
non blinding information are also analysed in this context (Bartalevich, 2013).
4.2 Identify the main area of law relevant to this area
There are majorly three main areas remain are places in terms of implementing the
strategies and competition law: collusion and cartels, monopolies and dominance and merger and
acquisitions (M&A).
Collusion is a team which indicated to act of cooperation and collaboration among rival entities
and A cartel is a formal, explicit agreement between organisation. There are output to agreed
levels are analysed as sell at an agreed price in most jurisdictions and explicit agreements
between competing organisations to muddle the prices.
Second area is mainly associated with economic concept referring to disparity (a lack of
similarity and equality) which are not markable and effective in term of managing the EU law
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and not remain associated with particular in a market. Large market analysis is mainly associated
with rebut table presumption and the are dominant in nature are selected in various forms. There
are some exclusionary practices are also analysed in terms of making the plans in monopoly
market.
The third area is mainly associated with competition law is merges and acquisition. Form
a competition law perspective a merger or acquisition involves the concentration of economic
power in single hands and impose the structure of business (Makhaya, Mkwananzi and Roberts,
2012). Competition law requires the firms proposing to merge later be found to be determinant to
competition.
4.4 Evaluate the scope compliance with the such laws by the affected parties
Compliance plays vital role in respect of managing and controlling the activities of
European Union commission. There are type of strategies made in terms of operating the
functions and managing the operations in such an manner so that misuse of authorities do not get
hampered.
It is mainly associated with controlling and operating the authorities subject to
implementation of rules and legislations in internal competitive market (Boudghene and Maes,
2012).
CONCLUSION
This report is prepared to analyse the competition law in European union. There are type
of legislations and control are defined in this context subject to control and operate the
competition law and regulations. Undertaking's activities which are come over a particular
duration are defined in this context. How contractual arrangements and business practices may
infringe EU competition rules are also illustrated in this context. There are methods defined in
this context subject to obtaining exemption form the EU competition rules and the principles
applied to the grant of exemptions. Understand the effects of different commercial arrangements
on competition in the relevant market and how to advise undertakings on compliance with EU
laws are also defined in this context.
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REFERENCES
Books and Journals:
Geradin, D., Layne-Farrar, A. and Petit, N., 2012. EU competition law and economics. OUP
Oxford.
Akman, P., 2012. The concept of abuse in EU competition law: Law and economic approaches.
Bloomsbury Publishing.
Smuda, F., 2013. Cartel overcharges and the deterrent effect of EU competition law. Journal of
Competition Law and Economics. 10(1). pp.63-86.
Lundqvist, B., 2014. Standardization under EU competition rules and US antitrust laws: The
rise and limits of self-regulation. Edward Elgar Publishing.
Lindsay, A. and Berridge, A., 2012. The EU merger regulation: substantive issues. Sweet &
Maxwell.
Bushell, G. and Healy, M., 2013. Expedia: The de minimis Notice and ‘by
object’Restrictions. Journal of European Competition Law & Practice. 4(3). pp.224-
226.
Hussein, S. M., Manap, N. A. and Nor, M. Z. M., 2012. Market definition and market power as
tools for the assessment of competition. International Journal Of Business And
Society, 13(2), p.163.
Lundqvist, B., 2015. The interface between EU competition law and standard essential patents–
from Orange-Book-Standard to the Huawei case. European Competition Journal. 11(2-
3). pp.367-401.
Bartalevich, D., 2013. EU Competition Policy since 1990: How Substantial Is Convergence
towards US Antitrust?. Journal of Centrum Cathedra. 6(2). p.273.
Makhaya, G., Mkwananzi, W. and Roberts, S., 2012. How should young institutions approach
competition enforcement? Reflections on South Africa's experience. South African
Journal of International Affairs. 19(1). pp.43-64.
Boudghene, Y. and Maes, S., 2012. Relieving Banks from Toxic or Impaired Assets: The EU
State Aid Policy Framework. Journal of European Competition Law & Practice. 3(6).
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