Podcast Location:
Download it here [file size: 25 MB]
Categories:
Competition Law & Anti-Trust
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
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 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
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 101 and 102 of of the Treaty on the Functioning of the European Union (TFEU) (previously Articles 81 and 82 of the Treaty of Rome). It looks at the approach the Commission said it would take when enforcing Article 102 and how this approach does not appear to have been followed in the first case since the Guidance Paper was issued. It also discusses the new block exemptions under Article 101(3)

Outcomes:
After completing the course you will:
  • Understand the prohibitions contained in Article 101 and Article 102 of the TFEU;
  • 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 102 (previously Article 82) in relation to abusive exclusionary conduct in the Guidance Paper;
  • Appreciate the conflicting approach of the Commission to Article 102 cases in practice;
  • Be aware of the new block exemptions.
Level:
Intermediate Difficulty: 3 of 5
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;
  • Table of Destinations.
Tags:

This podcast examines Article 101 and Article 102 of the Treaty on the Functioning of the European Union (TFEU) (previously Articles 81 and 82 of the Treaty of Rome), which relate to the competition policy of the European Community. It also looks at the recent amendments to the block exemptions for both vertical and horizontal agreements. Finally, it looks at the Guidance Paper issued by the European Commission in which it sets out its approach to applying Article 102 to abusive exclusionary conduct. The Commission's approach since this Guidance Paper was issued is then discussed.

Please note that Articles 81 and 82 of the Treaty of Rome have now been renumbered to Articles 101 and 102. A full list of all re-numbering can be found at the European Union website at Table of Destinations

Podcast last reviewed: 2011-09-26

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