EU Pushes Boundaries Of What Amounts To A Cartel

Law360, New York (April 2, 2015, 10:16 AM EDT) -- The EU Court of Justice's recent judgment in Dole v. Commission (C-286/13 P) is another case for those who struggle with the concept of "concerted practices," in particular when the latter qualify as restrictions of competition by object, i.e. cartels, and how the European Commission is relieved from having to evaluate the likely impact of the concert on the affected market(s). In this article, we look at where concerted practices fit into Article 101 of the Treaty on the Functioning of the European Union and how the EC has expanded the concept to cast the net so wide that it can prosecute as hard-core cartels information exchanges whose content would bear little connection to final prices....

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