Keywords
Summary

Keywords

1 . COMPETITION - AGREEMENTS , DECISIONS AND CONCERTED PRACTICES - AGREEMENTS BETWEEN UNDERTAKINGS OR ASSOCIATIONS OF UNDERTAKINGS - AGREEMENT BETWEEN TWO GROUPS OF TRADERS MEETING WITHIN A PUBLIC ORGANIZATION

( EEC TREATY , ART . 85 )

2 . COMPETITION - AGREEMENTS , DECISIONS AND CONCERTED PRACTICES - PREVENTION , RESTRICTION OR DISTORTION OF COMPETITION - CRITERIA - AGREEMENT FIXING A MINIMUM PRICE MADE BINDING BY THE PUBLIC AUTHORITIES - AGREEMENT HAVING AS ITS OBJECT THE DISTORTION OF COMPETITION

( EEC TREATY , ART . 85 ( 1 ))

3 . COMPETITION - AGREEMENTS , DECISIONS AND CONCERTED PRACTICES - WHETHER TRADE BETWEEN MEMBER STATES IS AFFECTED - AGREEMENT FIXING A MINIMUM PURCHASE PRICE FOR AN INTERMEDIATE PRODUCT

( EEC TREATY , ART . 85 ( 1 ))

Summary

1 . ARTICLE 85 OF THE TREATY APPLIES TO AGREEMENTS BETWEEN UNDERTAKINGS AND DECISIONS BY ASSOCIATIONS OF UNDERTAKINGS . THE LEGAL FRAMEWORK WITHIN WHICH SUCH AGREEMENTS ARE MADE AND SUCH DECISIONS ARE TAKEN AND THE CLASSIFICATION GIVEN TO THAT FRAMEWORK BY THE VARIOUS NATIONAL LEGAL SYSTEMS ARE IRRELEVANT AS FAR AS THE APPLICABILITY OF THE COMMUNITY RULES ON COMPETITION ARE CONCERNED . AN INTER-TRADE AGREEMENT MADE BY TWO GROUPS OF TRADERS MUST THEREFORE BE REGARDED AS AN AGREEMENT BETWEEN UNDERTAKINGS OR ASSOCIATIONS OF UNDERTAKINGS WITHIN THE MEANING OF ARTICLE 85 EVEN IF THEY MEET WITHIN AN ORGANIZATION WHICH THE NATIONAL COURTS HAVE HELD TO BE GOVERNED BY PUBLIC LAW .

2 . FOR THE PURPOSES OF ARTICLE 85 ( 1 ) OF THE TREATY IT IS UNNECESSARY TO TAKE ACCOUNT OF THE ACTUAL EFFECTS OF AN AGREEMENT WHERE ITS OBJECT IS TO RESTRICT , PREVENT OR DISTORT COMPETITION . BY ITS VERY NATURE , AN AGREEMENT FIXING A MINIMUM PRICE FOR A PRODUCT WHICH IS SUBMITTED TO THE PUBLIC AUTHORITIES FOR THE PURPOSE OF OBTAINING APPROVAL FOR THAT MINIMUM PRICE , SO THAT IT BECOMES BINDING ON ALL TRADERS ON THE MARKET IN QUESTION , IS INTENDED TO DISTORT COMPETITION ON THAT MARKET .

3 . THE FIXING OF A MINIMUM PRICE FOR AN INTERMEDIATE PRODUCT IS CAPABLE OF AFFECTING TRADE BETWEEN MEMBER STATES WHERE THAT PRODUCT CONSTITUTES THE RAW MATERIAL FOR ANOTHER PRODUCT MARKETED ELSEWHERE IN THE COMMUNITY , IRRESPECTIVE OF WHETHER THE FINISHED PRODUCT IS PROTECTED BY A REGISTERED DESIGNATION OF ORIGIN .