Keywords
Summary

Keywords

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1 . COMPETITION - AGREEMENTS, DECISIONS AND CONCERTED PRACTICES - AGREEMENTS BETWEEN UNDERTAKINGS OR GROUPS OF UNDERTAKINGS - AGREEMENT ENTERED INTO BY TWO GROUPS OF TRADERS IN THE FRAMEWORK OF A BODY GOVERNED BY PUBLIC LAW

( EEC TREATY, ART . 85 )

2 . COMPETITION - AGREEMENTS, DECISIONS AND CONCERTED PRACTICES - RESTRICTION OF COMPETITION - AGREEMENT FIXING PRODUCTION QUOTAS

( EEC TREATY, ART . 85 ( 1 ) )

3 . COMPETITION - AGREEMENTS, DECISIONS AND CONCERTED PRACTICES - EFFECTS ON TRADE BETWEEN MEMBER STATES - AGREEMENT FIXING A MARKETING QUOTA FOR A SEMI-FINISHED PRODUCT

( EEC TREATY, ART . 85 ( 1 ) )

4 . COMPETITION - COMMUNITY RULES - MEMBER STATES' OBLIGATIONS - ORDER MAKING GENERALLY BINDING AN AGREEMENT WHICH IS CONTRARY TO ARTICLE 85 - INCOMPATIBILITY

( EEC TREATY, ARTS 3 ( F ), 5 AND 85 )

Summary

1 . THE FACT THAT AN AGREEMENT HAS BEEN ENTERED INTO BY TWO GROUPS OF TRADERS IN THE FRAMEWORK OF AN ORGANIZATION SUBJECT TO PUBLIC LAW DOES NOT REMOVE THE AGREEMENT FROM THE SCOPE OF ARTICLE 85 OF THE TREATY .

2 . AN AGREEMENT FIXING PRODUCTION QUOTAS WITH A LEVY TO BE PAID IF THEY ARE EXCEEDED IS LIKELY TO RESTRICT COMPETITION BETWEEN PRODUCERS BECAUSE BY PENALIZING ANY INCREASE IN PRODUCTION IT TENDS TO FREEZE THE EXISTING SITUATION AND MAKE IT MORE DIFFICULT FOR A PRODUCER TO IMPROVE HIS COMPETITIVE POSITION ON THE MARKET .

3 . AGREEMENTS REQUIRING PAYMENT OF LEVIES WHERE MARKETING QUOTAS ARE EXCEEDED ARE LIKELY TO AFFECT TRADE BETWEEN THE MEMBER STATES WHERE THEY DEAL WITH A SEMI-FINISHED PRODUCT WHICH IS NOT NORMALLY SENT OUT OF THE REGION IN WHICH IT IS PRODUCED BUT NONE THE LESS CONSTITUTES THE RAW MATERIAL FROM WHICH ANOTHER PRODUCT IS MANUFACTURED WHICH IS MARKETED THROUGHOUT THE COMMUNITY .

4 . A NATIONAL REGULATORY MEASURE MAKING AGREEMENTS WHICH ARE CONTRARY TO ARTICLE 85 OF THE TREATY GENERALLY BINDING ON ALL TRADERS IN THE SECTOR CONCERNED, AND THUS REINFORCING THEIR EFFECTS, IS INCOMPATIBLE WITH MEMBER STATES' OBLIGATIONS UNDER ARTICLE 5 OF THE TREATY, READ TOGETHER WITH ARTICLES 3 ( F ) AND 85 THEREOF .