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Return to Complete EU Law 4e Student Resources
Chapter 13 Self-test questions
Competition law: Article 101 TFEU
*
not completed
.
What does Article 101(1) prohibit?
Anti-competitive arrangements between undertakings.
correct
incorrect
Abuse of market power by dominant undertakings.
correct
incorrect
State subsidies.
correct
incorrect
Measures having equivalent effect to quantitative restrictions.
correct
incorrect
*
not completed
.
The case of
Höfner and Elser
defined an undertaking, in the context of competition law, as "any entity engaged in an _________, regardless of the legal status of the entity and the way in which it is financed".
Your response
*
not completed
.
The term "agreement" in article 101 (1) TFEU covers not only formal binding agreements but also less formal agreements, such as a "gentlemen's agreement"
True
correct
incorrect
False
correct
incorrect
*
not completed
.
In which case was the meaning of 'concerted practice' first considered?
Bouchereau.
correct
incorrect
Van Gend en Loos.
correct
incorrect
Dyestuffs
.
correct
incorrect
United Brands.
correct
incorrect
*
not completed
.
What is a vertical agreement?
An agreement between undertakings operating at different levels of the production/distribution chain.
correct
incorrect
An agreement between two independent undertakings.
correct
incorrect
An agreement between a parent company and its subsidiary.
correct
incorrect
An agreement between undertakings operating at the same level of the production/distribution chain.
correct
incorrect
*
not completed
.
What is a '
de minimis
' agreement?
An agreement between very small undertakings.
correct
incorrect
An informal agreement.
correct
incorrect
An agreement that has no appreciable effect on competition.
correct
incorrect
An agreement between a small number of undertakings.
correct
incorrect
*
not completed
.
Article 101 (3) contains certain conditions under which agreements, decisions by associations of undertakings or concerted practices may be exempt from Article 101 (1). One of these is that the agreement, decision or practice does not impose on the undertakings concerned restrictions which are not indispensable to the attainment of the objectives stated in Article 101 (3). Which fundamental principle of EU law can be identified here?
Subsidiarity.
correct
incorrect
Non-discrimination.
correct
incorrect
Supremacy.
correct
incorrect
Proportionality.
correct
incorrect
*
not completed
.
What assessment does Article 101 (3) entail?
An assessment of the pro- and anti-competitive effects of an agreement.
correct
incorrect
Whether an agreement is
de minimis
.
correct
incorrect
Whether an agreement affects trade between Member States.
correct
incorrect
An assessment of the aggregate market share of the undertakings concerned.
correct
incorrect
*
not completed
.
What does Regulation 330/2010 contain?
The principle of mutual recognition.
correct
incorrect
The vertical restraints block exemption.
correct
incorrect
The list of restrictions that do not appreciably affect competition in the internal market.
correct
incorrect
The 'white list' of permissible exceptions to the Article 101 (1) prohibition.
correct
incorrect
*
not completed
.
What are the consequences of hardcore restrictions?
The block exemption does not apply.
correct
incorrect
The clause containing the hardcore restriction must be removed in order for the block exemption to apply.
correct
incorrect
The agreement will be deemed a "
de minimis
" agreement.
correct
incorrect
The undertakings must prove that the restriction benefits the consumer.
correct
incorrect
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