Chapter 13 Self-test questions

. What does Article 101(1) prohibit?

Anti-competitive arrangements between undertakings.

Abuse of market power by dominant undertakings.

State subsidies.

Measures having equivalent effect to quantitative restrictions.

. 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".

. 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

False

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

Bouchereau.

Van Gend en Loos.

Dyestuffs.

United Brands.

. What is a vertical agreement?

An agreement between undertakings operating at different levels of the production/distribution chain.

An agreement between two independent undertakings.

An agreement between a parent company and its subsidiary.

An agreement between undertakings operating at the same level of the production/distribution chain.

. What is a 'de minimis' agreement?

An agreement between very small undertakings.

An informal agreement.

An agreement that has no appreciable effect on competition.

An agreement between a small number of undertakings.

. 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.

Non-discrimination.

Supremacy.

Proportionality.

. What assessment does Article 101 (3) entail?

An assessment of the pro- and anti-competitive effects of an agreement.

Whether an agreement is de minimis.

Whether an agreement affects trade between Member States.

An assessment of the aggregate market share of the undertakings concerned.

. What does Regulation 330/2010 contain?

The principle of mutual recognition.

The vertical restraints block exemption.

The list of restrictions that do not appreciably affect competition in the internal market.

The 'white list' of permissible exceptions to the Article 101 (1) prohibition.

. What are the consequences of hardcore restrictions?

The block exemption does not apply.

The clause containing the hardcore restriction must be removed in order for the block exemption to apply.

The agreement will be deemed a "de minimis" agreement.

The undertakings must prove that the restriction benefits the consumer.

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