Commentary

97 Treaty on the functioning of the European Union (‘TFEU’) Article 101

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

97 Treaty on the functioning of the European Union (‘TFEU’) Article 101

| Commentary

B: EU COMPETITION LAW

97 Treaty on the functioning of the European Union (‘TFEU’) Article 1011

  1. 97.1

        Any type of agreement is prohibited which:

    1. 97.1.1

          may affect trade between member states; and

    2. 97.1.2

          has the object or effect of preventing, restricting or distorting competition within the common market.

  2. 97.2

        Particular agreements are highlighted by TFEU Article 101(1), ie those that:

    1. 97.2.1

          directly or indirectly fix purchase or selling prices or any other trading conditions;

    2. 97.2.2

          limit or control production, markets, technical development, or investment;

    3. 97.2.3

          share markets or sources of supply;

    4. 97.2.4

          apply dissimilar conditions to equivalent transactions with other

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