Class notes
Commercial Law and Practice LG07 Flowchart
- Course
- Institution
Commercial Law and Practice LG07 Flowchart
[Show more]
1 review
By: carolinedavindrarajan • 3 year ago
Seller
Followlaw-notes
Reviews received
Content preview
COMMERCIAL LAW & PRACTICE LEGAL PRACTICE COURSEAppendix – Article 101 TFEU flowchart
Is there an agreement, decision or concerted practice? No
Yes
Is it between two or more undertakings?
No
Yes
Is it correct to say that it “may affect trade between
Member States”?
(See Commission’s “Effect on Trade Guidelines” – not
“capable of appreciably affecting trade” if:
Combined market share less than 5% and
If horizontal agreement, combined turnover < 40 million euros No
If vertical agreement, seller’s turnover < 40 million euros
Yes
Does the agreement have “as its object or effect, the
prevention, restriction or distortion of competition within
the internal market”? No
(See Commission guidelines, June 2014)
Yes
Does the agreement fall within NAOMI? No Problem
No ‘object’ infringements Under Art 101
No ‘hardcore’ infringements Yes TFEU
If horizontal agreement (or difficult to classify as horizontal or
vertical), combined market share no more than 10%
If vertical agreement, market share of each party no more than
15%
No
Does the agreement fall within VRBE or another block
exemption?
For VRBE:
vertical agreements only Yes
market share of supplier no more than 30%
market share of buyer no more than 30%
no ‘hardcore restrictions’ (see Article 4)
No
Does the agreement fall within Article 101(3) TFEU?
Contributes to improving production or distribution of goods or
promoting technical or economic progress Yes
Allows customers a fair share of benefit
Only imposes restrictions which are indispensable for these
objectives
Does not afford possibility of eliminating competition in respect
of a substantial part of products
No
Breach of Article 101
Agreement void
Potential fine (up to 10% worldwide turnover) etc (see LG07)
2019-lpc-comm-lg07-d1 © City, University of London 2020
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller law-notes. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $3.89. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
77254 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now