Law Essay Competition Uk 2011

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Unlike Article 101, this Article applies to unilateral actions so that a party may violate this Article even if they are found to be acting alone.

This is important in ensuring that any imperfections in the internal market are being effectively regulated.

The organization is formally independent of the Harvard Law School.

Student editors make all editorial and organizational decisions and, together with a professional business staff of three, carry out day-to-day operations.

Therefore, if there is a possibility of trade moving across borders then this will be sufficient enough to fall within the ambit of Article 101.

Aims of Article 101 TFEU The main aim of Article 101 is to provide redress to those affected by any restrictions that are placed on free competition within the internal market.It is provided under Article 101(2) that such agreements would automatically be void for distorting free competition within the internal market.This was a significant change as competing undertakings are being made to determine their conduct and pricing independently.Price fixing under Article 101 also extends to services, as exemplified in Prohibitions against fixed-pricing and market sharing has been largely welcomed by this Article as it these particular type of practices are viewed extremely seriously.This was stressed by Slaughter and May when it was stated that ‘secret price-fixing or market sharing cartels are viewed as hard-core infringements which will almost always be condemned.’ Article 101 does, however, provide exemptions under subsection 3 if it can be shown that the agreement is beneficial to the internal market, and thus ‘improves production or distribution, promotes technical or economic progress or allows consumers a fair share of the benefit.’ As this has a detrimental effect upon society as a whole it is integral that prohibitions are placed on such unfair practices.‘Guidelines on the Application of Article 81 (3)’ EC, para 47 Field Fisher Waterhouse.comes out monthly from November through June and has roughly 2,500 pages per volume.Disclaimer: This work has been submitted by a student.This is not an example of the work produced by our Law Essay Writing Service.The expressions contained within Article 101 (agreement and concerted practice) were also given a broad meaning so that agreements outside of the internal market could also fall within the scope of the Article if there was a possibility that the internal market could be affected by the agreement or concerted practice.Furthermore, any type of price-fixing agreement is caught by the Article.


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