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"ARTICLE 101 TFEU" [2014] ELECD 880; in VerLoren van Themaat , Weijer; Reuder, Berend (eds), "European Competition Law" (Edward Elgar Publishing, 2014) 27

Book Title: European Competition Law

Editor(s): VerLoren van Themaat , Weijer; Reuder, Berend

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783476862

Section: Chapter 4

Section Title: ARTICLE 101 TFEU

Number of pages: 102

Extract:

4
ARTICLE 101 TFEU*

CARTEL PROHIBITION

1. The following shall be prohibited as incompatible with the internal
market: all agreements between undertakings, decisions by associa-
tions of undertakings and concerted practices which may affect trade
between Member States and which have as their object or effect the
prevention, restriction or distortion of competition within the internal
market, and in particular those which:
(a) directly or indirectly fix purchase or selling prices or any other
trading conditions;
(b) limit or control production, markets, technical development, or
investment;
(c) share markets or sources of supply;
(d) apply dissimilar conditions to equivalent transactions with other
trading parties, thereby placing them at a competitive disadvan-
tage;
(e) make the conclusion of contracts subject to acceptance by the
other parties of supplementary obligations which, by their nature
or according to commercial usage, have no connection with the
subject of such contracts.
2. Any agreements or decisions prohibited pursuant to this Article shall
be automatically void.
3. The provisions of paragraph 1 may, however, be declared inapplicable
in the case of:
­ any agreement or category of agreements between undertakings,
­ any decision or category of decisions by associations of undertak-
ings,
­ any concerted practice or category of concerted practices, which
contributes to improving the production or distribution of goods
or to promoting technical or economic progress, while allowing
consumers a fair share of the resulting benefit, and which does
not:

* Sections A­E of this chapter were written by Edmon Oude Elferink. Section F of this chapter ...