Chapter 13 Self-test questions

Competition law: Article 101 TFEU

Quiz Content

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. What does Article 101(1) prohibit?

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. 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".

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. 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"

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. In which case was the meaning of 'concerted practice' first considered?

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. What is a vertical agreement?

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. What is a 'de minimis' agreement?

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. 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?

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. What assessment does Article 101 (3) entail?

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. What does Regulation 330/2010 contain?

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. What are the consequences of hardcore restrictions?

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