- Podcast Location:
- Download it here [file size: 24.5 MB]
- Categories:
-
Company Law
Competition Law & Anti-Trust
- CPD Points:
- Up to one point - details »
Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:
Regulated by the Solicitors Regulation Authority / ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)
Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain ½ an accredited CPD point (30 minutes)
Listen only, gain ½ a CPD point (30 minutes)
- Cost:
- Standard rate: £45+VAT - Corporate users will pay less.
- Length:
- 30 minutes of audio
(+ optional 5 minute online quiz) - Plays on Computer:
- Yes Downloadable as MP3: Yes
- Contributor(s):
- Course Aims:
This podcast aims to provide an overview of the prohibitions contained in Articles 81 and 82 of the Treaty of Rome. It looks at the approach the Commission said it would take when enforcing Article 82 and how this approach does not appear to have been followed in the first case since the Guidance Paper was issued, COMP/C-3 /37.990 – Intel.
- Outcomes:
- After completing the course you will:
- Understand the prohibitions contained in Article 81 and Article 82 of the Treaty of Rome;
- Know the defences to these Articles and the situations in which agreements will not be invalidated by them;
- Understand how the Commission explained it would enforce Article 82 in relation to abusive exclusionary conduct in the Guidance Paper issued in 2008;
- Appreciate how the Commission does not seem to follow this approach in the first case since the Paper was published.
- Level:
- Intermediate
- Classification:
-
Case Update
Legislative Updates
Practical Guide
- Sources and References:
-
- Treaty of Rome;
- Council Regulation (EC) 1/2003;
- Commission Regulation (EC) 2790/99;
- Notice on Agreements of Minor Importance [2001] OJ C368/07;
- Case 56/65 Socitété Technique Minière v Maschinenbau (1966);
- Case 27/76 United Brands v Commission (1978) ECR 207 T-83/91 Tetra Pak (1994);
- Case 85/76 Hoffmann-La Roche (1979) COMP/C-3 /37.990 – Intel;
- Case C 95/04 P.
This podcast examines Article 81 and Article 82 of the Treaty of Rome, which relate to the competition policy of the European Community. It discusses the Guidance Paper issued by the European Commission in 2008 in which it sets out its approach to applying Article 82 to abusive exclusionary conduct. The first decision since this Guidance Paper was issued (published on 21st September 2009) is then discussed, in which the Commission does not appear to follow this approach.