The following Competition practice note Produced in partnership with Dentons provides comprehensive and up to date legal information covering:
Cartels are considered to be the most pernicious anti-competitive practices under Article 101 TFEU. As such, they are subject to a specific legal regime, which includes, inter alia, specific procedural tools (eg leniency programme and settlements).
Cartels are a major concern for competition authorities: since 2011 the European Commission, for example, has adopted over 30 cartel decisions. However, Article 101 TFEU does not provide a definition of cartels, nor does it make explicit mention of them (likewise with the UK law equivalent, Chapter I of the Competition Act 1998).
Over time, the case law of the EU courts and the decisional practice of the Commission have attempted to provide greater clarity on the notion of what is a cartel and to identify the constitutive elements of a cartel violation.
Article 101 TFEU draws a distinction between:
agreements between undertakings, and
The notion of an agreement implies that the parties adhere to a common plan that limits or is likely to limit their individual commercial conduct by determining how they will act or abstain from acting in the market.
The form of the agreement matters little. Anti-competitive agreements can be written, oral or even the result of a mere 'gentlemen’s agreement':
in the Trucks (AT.39824) [Archived] cartel, the parties held numerous meetings at senior management level at the
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed.Claims for use and occupationA claim for use and occupation is possible where there is occupation of land without an express agreement fixing the
This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how to file a document electronically, deal with rejected electronic filings, issue a claim electronically, file electronic bundles (eBundles) for case
This practice note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort mean? And how does tort relate to contract and criminal law•how has the law of tort developed?•what is the scope of tort, ie what interests does it protect? What
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note: Estoppel—what, when and how to plead and related content.Promissory estoppel—what is it?Where A has, by words or conduct, made to B a clear and unequivocal
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.