Concerted practice Definition

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GLOSSARY

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What does Concerted practice mean?

A form of coordination between undertakings which, without having reached the stage where an agreement properly so-called has been concluded, knowingly substitutes practical cooperation between them for the risks of competition' as per the European Court of Justice in Cases 48/60 etc ICI v. EC commission ('Dyestuffs') [1972] ECR 619.

In practice neither Article 101(1) TFEU or the Competition Act 1998 (CA 1998), s 2 require a clear delineation between the concept of agreement or that of a concerted practice with the result that while conceptually it should be possible to distinguish between the two, in practice it is unnecessary. However, it is clear that the prohibition in Article 101(1) TFEU and CA 1998, s 2 is meant to go beyond conduct attributable to an agreement or decision, and yet circumstantial evidence of parallel behaviour is insufficient to support a finding of infringement. The concept of a concerted practice is therefore defined by the parameters of what amounts to an agreement, and conduct that is insufficient to amount to an infringement.

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Vertical agreements—drafting for MVBEO—checklist

Vertical agreements—drafting for MVBEO—checklist This Checklist sets out the essential points that should be considered under The Competition Act 1998 (Motor Vehicle Agreements Block Exemption) Order 2023 (No 2) (MVBEO) when drafting new vertical agreements, or updating existing vertical agreements, in relation to motor vehicle aftermarkets for the provision of repair and maintenance services or the distribution of motor vehicle aftermarket goods (together, the motor vehicle aftermarket). This Checklist is not intended to be a comprehensive guide to the MVBEO but should be used where a commercial lawyer wants to ensure that the vertical agreement falls within the MVBEO (and any guidance issued under it). For further information, see: CMA Guidance: MVBEO. A flowchart is also provided at the end of this Checklist, setting out the main steps to follow when assessing whether an agreement falls under the MVBEO. Introduction to MVBEO Any agreement which affects trade and restricts competition in the UK may be subject to the prohibition on anti-competitive agreements under the provisions of Chapter I of the Competition...

Block exemptions: an overview—checklist

Block exemptions: an overview—checklist Horizontal and vertical agreements that contain provisions that would otherwise not be compatible with Article 101(1) TFEU may be exempted from the prohibition on anti-competitive agreements through one (or more) of the block exemption regulations issued by the Commission under Article 101(3) TFEU to exempt ‘categories of agreements’ from the application of Article 101(1) TFEU. This Checklist provides an overview of the EU block exemption regulations that are currently in force and describes the main conditions for each block exemption regulation to apply. Block exemptions applying to horizontal agreements The following block exemption regulations apply to horizontal agreements, ie agreements between undertakings operating at the same level of the supply chain (ie mainly agreements between competitors). For block exemptions applying to vertical agreements, please see Block exemptions applying to vertical agreements below. The research and development (R&D) block exemption regulation If the following main conditions are met, agreements relating to R&D efforts can benefit from the R&D block exemption regulation: • there is an agreement between...

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Case C- 228/18 Gazdasági Versenyhivatal v Budapest Bank Nyrt. and Others [Archived]

Case C- 228/18 Gazdasági Versenyhivatal v Budapest Bank Nyrt. and Others [Archived] CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the judgment of 2 April 2020; it is no longer maintained. See further, timeline, commentary and related/relevant cases. Case facts Outline Case C- 228/18 Gazdasági Versenyhivatal v Budapest Bank Nyrt. and Others—a national reference from Hungary seeking clarification around the distinction between object and effect restrictions under Article 101(1) TFEU. Latest developments On 2 April 2020, the Court of Justice issued its judgment. The Court of Justice confirmed that the same conduct can be held to amount to both an object and by effect restriction on competition under Article 101(1) TFEU. In relation to the question as to whether the Hungarian multilateral interchange fee (MIF) agreement constituted a restriction by object, this is for the referring court to determine. Furthermore, the Court of Justice ruled that Article 101(1) TFEU should be interpreted as meaning that a MIF agreement which fixes the...

The Competition Act 1998 (Vertical Agreements Block Exemption) Order 2022

The Competition Act 1998 (Vertical Agreements Block Exemption) Order 2022 Vertical agreements are prohibited by section 2(1) of the Competition Act 1998 (CA 98) where they: • may affect trade within the UK, and • have as their object or effect the prevention, restriction or distortion of competition within the UK. (the Chapter I Prohibition). It is also a requirement, under section 2(3) CA 98, that the agreement is implemented, or is intended to be implemented, in the UK. Agreements that restrain competition may be exempted from the Chapter I Prohibition by: • an individual exemption, where they satisfy the four requirements of section 9(1) CA 98 (see further, Chapter I prohibition and Introduction to the application of Chapter I to vertical agreements), or • a block exemption order made under section 6 CA 98 by the Secretary of State, in relation to particular categories of agreements (based on an assessment that the block exempted restrictive agreements fulfil the four requirements of section 9(1) CA 98). Each block...

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Restructuring & Insolvency weekly highlights—18 January 2024

This week's edition of Restructuring & Insolvency weekly highlights includes: the publication of draft legislation to update the special administration regime for water industry companies, a consultation by HM Treasury (HMT) on proposals to enhance the UK’s resolution regime for banking institutions, plus a round-up of other news and cases for restructuring and insolvency professionals.

Ireland—The Competition (Amendment) Act 2022 (Ireland)

Commercial Analysis: The Competition (Amendment) Act 2022 (Ireland), effective from 27 September 2023, incorporates the ENC+ Directive into Irish law. It grants the Competition and Consumer Protection Commission (CCPC) significant enforcement powers, including the ability to unwind mergers, impose interim measures, issue financial sanctions, and conduct surveillance.

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