Pre-Anic: One must always examine the effects of the

concerted practice on the market because the effects

cannot be separated from the concerted practice. -
Suiker Unie
Type - “The following shall be prohibited as
Anic: Since there are agreements by object, there must incompatible with the internal market: all agreements
Object
also be concerted practices by object. Therefore look to between undertakings, decisions by associations of
see if information was shared amongst competitors and undertakings and concerted practices which may affect
if so, did the competition remain on the market. trade between Member States and which have as their
object or effect the prevention, restriction or distortion
T-Mobile: Competitors share information, even of competition within the internal market…” Article Content
Type - “The following shall be prohibited as
unilaterally, will lead to a concerted practice by object. 101 TFEU. Object - Object - “Restrictions of competition by object
incompatible with the internal market: all agreements
are those that are by their very nature have the potential Objective aims of the agreement
between undertakings, decisions by associations of
Actual effects for restricting competition” - Irish Beef - Look to:
undertakings and concerted practices which may affect
Effect - Requires an examination: Context of the market conditions
trade between Member States and which have as their
Potential Effects
object or effect the prevention, restriction or distortion
Actual Effects
of competition within the internal market…” Article
Exclusive distribution Effect - requires an examination of
101 TFEU.
Potential Effects
Vertical - “cooperation between companies operating at
Franchising
different levels of the production or distribution chain”
Exclusive distribution
Resale price restrictions
Vertical - “cooperation between companies operating at
Type of Cooperation Franchising
different levels of the production or distribution chain”
Information exchange
Resale price restrictions
Horizontal - “cooperation between two or more actual
Purchasing agreements Type of Cooperation
or potential competitors”
Information exchanges
Research and development agreements Horizontal - ‘Cooperation between companies
operating at different levels of the production or Purchasing agreements
1. Collusion between undertakings distribution chain”
Presumptions - A belief that something is true even Research and development agreements
2. Market conduct of these undertakings though it has not been proven. - Three elements for
showing a concerted practice: Presumptions - A belief that something is true even
3. Causal connection between elements 1 and 2 though it has not been proven. - Three elements for
showing a concerted practice:
What type is it? - “The boundary between the two
T-Mobile
concepts is imprecise. The key difference is that a
John Deere
Low Standard - easier to prove violation/ harder for Concerted Practice concerted practice may exist where there is informal Agreement Low Standard - easier to prove violation/ harder for
ANIC
defendants cooperation without any formal agreement or defendants
Consten and Grundig
decision.” - UK Office of Fair Trading
British Sugar
Irish Beef
ICI
Evidentiary Standards
Middle Standard - no particular party favored Evidentiary standards Middle Standard - no particular party favored STM
Suiker Unie
Allianz
Rhone Poulenc
High Standard - High Standard - Harder prove Asnef Equifax
High Standard - Harder prove violation/easier for
Ahlstrom violation/easier for defendants
defendants Procedural concerns
CRAM and Rheinzink Consten and Grundig

ICI Procedural Concerns Allianz Hungaria

Type 1 - “Rejection of a null hypothesis when it is
actually true’
Suiker Unie Irish Beef Industry
Type 1 - “Rejection of a null hypothesis when it is Error Types
actually true”
T-Mobile John Deere

ANIC Error Types Type 2 - “acceptance of a null hypothesis when it is

actually false”
Rhone-Poulenc
Burden of Proof - “a party’s duty to prove a disputed Lies with the Commission
Type 2 - “Acceptance of a null hypothesis when it is
Ahlstrom assertion or charge. The burden of proof includes both
actually false”
the burden of persuasion and the burden of Fact Specific
CRAM and Rheinzink production”.

Lies with the Commission

Is fact specific
Burden of Proof - “A party’s duty to prove a disputed
assertion or charge. The burden of brood includes both
Ahlstrom (Woodpulp) - market was oligopoly thus it
the burden of persuasion and the burden of
was not a concerted practice.
production”.
Cases where the commission failed
Rhone-Poulenc - defendant was not in business at the
time of the alleged violation

3. To prohibit distributors in other 1. A producer to parcel out

territories from selling into the
Market Integration is critical distribution territories at Member
Consten Grundig (1966) embeds
exclusive territories of others. state ines
the principle of a common market
into EU competition law - IT is a 2. To require the exclusive
most serious infringement of art. distribution to sell only within the
101(1) for: state, and